New Delhi, May 31, 2025
The Delhi High Court has upheld the dismissal of a Christian Indian Army officer who had refused to fully participate in weekly religious parades, ruling that the action taken by the Army authorities was neither discriminatory nor unconstitutional.
The division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna dismissed the writ petition filed by the officer, a practicing Christian, who contended that his termination violated his fundamental right to freedom of religion under Article 25 of the Constitution.
The Court held that the religious parade, conducted weekly as part of a long-standing Army tradition, is primarily ceremonial and symbolic of military discipline and unity, not an act that mandates the practice of a particular faith.
“Participation in official parades cannot be equated with forced religious observance. It is part of the discipline of service, and refusal without sufficient justification amounts to insubordination,” the Court noted.
The bench clarified that the Army officer had not been penalized for his faith, but for refusal to comply with service duties that are applicable uniformly to all personnel, regardless of religion.
The officer had repeatedly abstained from attending parts of the weekly parade that involved collective prayer or hymns, asserting that it conflicted with his personal beliefs. After multiple warnings and counseling sessions, the Army initiated disciplinary proceedings, eventually leading to his termination from service.
In his plea, the petitioner claimed that his religious conscience was violated and sought reinstatement with compensation.
“Religious freedom in a civilian context has wide protection, but in the military framework, discipline and unity are paramount,” said a senior defense law expert.
The ruling is expected to serve as a precedent for similar cases involving conflicts between personal faith and service obligations in uniformed services.
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