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    The Kamalesan case and its simple lesson

    3 min read

    Conflict Between Conscience and Military Cohesion

    The case of Lieutenant Samuel Kamalesan highlights a significant conflict between two deeply held values: personal conscience and military cohesion. Kamalesan was dismissed from the Indian Army for refusing to enter the sanctum of his regiment's temple or gurdwara during mandatory parades due to his religious beliefs as a Protestant Christian.

    Judicial Decisions and Military Perspective

    • Both the Delhi High Court and the Supreme Court upheld his dismissal, citing military discipline and necessities under Article 33 of the Constitution.
    • The courts viewed his actions as disobedience to a lawful command rather than an exercise of personal faith.
    • The Indian Army emphasized that participation in rituals is crucial for maintaining morale and unity among troops, thus viewing Kamalesan's stance as divisive.

    Historical and Contemporary Context

    The Indian Army has a commendable track record of maintaining unity and respecting diversity, as seen in operations across Kashmir, Ladakh, and during missions for the United Nations. The case of Kamalesan is juxtaposed with the Army’s inclusive history.

    Conscience and Accommodation

    • Kamalesan’s request was purely based on religious doctrine, similar to the story of Eric Liddell in "Chariots of Fire," where a small accommodation was made for his beliefs.
    • The case highlights the need for institutions to recognize when accommodation is possible and beneficial, preserving both conscience and cohesion.
    • The case sends a potentially unsettling message to minority soldiers about the limits of personal conscience in military service.

    Judiciary's Role and Opportunities Missed

    • Although courts traditionally defer to military judgment, they have previously intervened in cases demanding equality and proportionality.
    • The case of Bijoe Emmanuel, where children were protected for standing respectfully during the national anthem, is cited as a precedent for tolerance.
    • The judiciary had room to test the Army's approach against principles of proportionality and conscience respect.

    Lessons and Warnings

    Drawing parallels with historical events such as the Dreyfus affair, the text warns of the dangers when institutions ignore justice and fairness, potentially drifting into rigidity and exclusion.

    Indian Army's Tradition of Inclusivity

    • The Army is applauded for transcending communal and political divides and for its tradition of blending discipline with empathy and fairness.
    • The case underscores the importance of internal resolution of such issues without escalating them to legal battles.

    Conclusion: Balancing Duty and Conscience

    The incident serves as a reminder that the real test lies in finding a way for duty and conscience to coexist. The Indian Army, known for its flexibility, could have reinforced trust and discipline through a small accommodation, thus reaffirming that every soldier stands equal in India’s uniform.

    • Tags :
    • Fundamental Right
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