The Army viewed this as non-compliance with military customs, particularly inside a regiment the place these kinds of rituals are witnessed as Portion of device bonding and morale. It had been argued that his refusal to participate could negatively impact cohesion within the regiment.
Bench says officer a 'misfit with the Indian Army' and somebody who allowed his 'religious Moi' to override discipline, unity and respect for his fellow soldiers
Sankaranarayanan claimed, “I only claimed don’t make me enter the mandir and gurudwara to execute ceremonies.” Justice Bagchi requested, “Wherever within the Christian religion does entering the temple or possibly a religious establishment of A further faith barred?”
“Coming into the sanctum sanctorum can be a violation of my faith… It’s not that if you sign up for the Army, you lose the vestiges of the faith,” he mentioned, introducing, “Nobody had a challenge. Only one human being.”
Rapping towards the Army officer, Justice Bagchi explained which the officer looked as if it would have personally interpreted his religion and raised the permission offered via the Pastor.
"He may very well be An excellent officer, but He's a misfit for the Indian Army. The duties our forces shoulder at the moment… this is not the conduct we can entertain."
The bench extra that his personal interpretation could not supersede discipline, "Your understanding of your religious legal rights are not able to override every thing else. The place in the faith does getting into a place of worship interfere with the religion?"
Finally, the apex court said the petitioner's failure to participate in religious activities undertaken by the entire regiment constitutes an insult to another users with the troop whom he was supposed to be major.
Following many rounds of counselling and chances to conform, the Army concluded that his continued assistance was unwanted and dismissed him below Portion 19 with the Army Act.
CJI Kant then stated : “According to information it’s a sarv dharma sthal ..by refusing to enter are you presently not hurting religious sentiments within your soldiers that is all religion… you led a fight unit from the Armoured Corps by using a composition of Rajput, Sikh, and Jat troops..you should have led by example”.
Kamalesan said he was a Protestant Christian adhering to a monotheistic religion that prohibits idol worship, claimed that the regiment managed merely a Mandir and a Gurudwara, without any ‘Sarv Dharm Sthal’ (a spot of worship for all faiths) or church more info within the premises.
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Sankaranarayanan argued the Structure shields both of those the right to practise one’s religion and the right to chorus from participating in other religious methods. He maintained the officer had entered locations of worship but experienced objected only when questioned to accomplish rituals.