Christian officer's dismissal is confirmed. Bishop Fernandes says 'anti-conversion laws betray the constitution'
India's Supreme Court has confirmed the dismissal of Christian officer Samuel Kamalesan, who was accused in May of "grossest indiscipline" for refusing to participate in a Hindu ritual in his regiment. On Constitution Day, Mgr Savio Fernandes, Auxiliary Bishop of the Archdiocese of Bombay, slams anti-conversion laws as tools of persecution against minorities. For him, they “invert justice” and “criminalize compassion.” India risks betraying its pluralist vision.
New Delhi (AsiaNews) – The Supreme Court of India yesterday upheld the dismissal of a Christian army officer, Samuel Kamalesan, for refusing to enter the garbhagriha of his regiment's temple to participate in a puja, a religious ritual.
According to the court, the man's behaviour constituted the “grossest kind of indiscipline" and undermined the cohesion of the combat unit.
During the hearing, Chief Justice Surya Kant said that Kamalesan used his “personal understanding” of what his religion permits to violate military discipline
Kamalesan's lawyer, Gopal Sankaranarayanan, argued instead that the right to religious freedom guaranteed by Article 25 of the Constitution cannot be suspended simply because a person serves in the Armed Forces. For the Court however, “Article 25 protects essential religious features, not every sentiment”.
The army, represented by Additional Attorney General Aishwarya Bhati, explained that the officer had repeatedly deserted parades and mandatory religious activities, despite his superiors' attempts to persuade him.
In May, the Delhi High Court had already upheld the army's disciplinary order, saying that the officer “kept his religion above a lawful command from his superior” violating “essential military ethos”.
Kamalesan reiterated that the bond between soldiers is based on “mutual respect, allegiance to the same flag and nation,” not on religious practices.
For a long time, the Hindu far right has discriminated against minorities, often using anti-conversion laws. On Constitution Day, which is celebrated today, 26 November, Bishop Savio Fernandes, Auxiliary Bishop of the Archdiocese of Bombay, released a statement describing such laws as a threat to religious freedom.
“Our Constitution, born in the crucible of freedom’s struggle, is not merely a legal document but a moral covenant – the moral compass of our nation,” writes the prelate in the statement.
“Yet today, this covenant is under strain. Laws masquerading as protectors of faith have become swords against conscience. The so-called ‘Freedom of Religion Acts’, enacted in multiple states in India, and now looming over Maharashtra, are not shields of liberty. They are anti-conversion laws that invert justice, presume guilt, and criminalize compassion.”
The reference is to various laws (already approved in several Indian states and under discussion in Maharashtra) that criminalise forced conversions. In fact, these have long been used to target representatives of religions other than Hinduism, including the Christian community.
“The events of July 25, 2025, in Durg, Chhattisgarh, besides many others, serve by way of example: Two nuns from Kerala, with tribal youth Sukaman Mandavi, accompanied three adult tribal women – long-time Christians, to Agra for voluntary domestic work. Parental consent was documented. Yet, a mob led by Durga Vahini member Jyoti Sharma accosted them with aggression and coercion. False statements were extracted. The nuns were jailed,” Bishop Fernandes said about a recent incident.
“The police stood idle as harassment unfolded on video. For eight harrowing days, innocence languished behind bars. On August 2, a Bilaspur NIA court granted conditional bail, noting the FIR’s utter baselessness. The attackers? They walked away free – the law does not contain any section to punish them for making false allegations. This is not an aberration. It is the predictable fruit of laws that empower third-party complaints, vigilante justice, and state complicity in prejudice.”
For the bishop, Maharashtra is now a source of concern. In this state, “a new Freedom of Religion Bill threatens to cast an even darker shadow. For decades, Catholic institutions have fed the hungry, sheltered the homeless, educated the forgotten, and healed the sick, regardless of creed. These are not transactions; they are translations of faith into love. But, under the proposed law, every loaf of bread could be construed as bait, every classroom a conspiracy.”
“The Catholic Church in India is no stranger to trial,” reads the prelate’s statement. “From St. Thomas landing on these shores in 52 A.D to St. Teresa of Calcutta cradling the dying in Kolkata’s gutters, from Fr. Stan Swamy’s martyrdom for tribal rights to the quiet sacrifices of countless laypeople, nuns and priests, ours is a legacy of service, not subversion.”
The Church stands “with the Dalit, the Adivasi, the refugee – not to convert, but to affirm their humanity. This is not proselytism! This is prophetic presence!”
Taking care of the least fortunate is not in conflict with the Constitution. In fact, “The Constitution of India is not just a law — it is a moral vision of unity and dignity, echoing the Gospel’s call to justice and peace. Article 51A calls us to promote harmony, protect diversity, and cherish our composite culture. Jesus called us to be ‘salt of the earth’ and ‘light of the world’. These are not competing mandates. They are converging missions.”
Likewise, “Defending minority rights is not sectarianism – it is democratic patriotism. Upholding constitutional freedom is not defiance – it is discipleship. The soul of India is at a crossroads. Will we allow suspicion to suffocate compassion? Will we let laws named for freedom become chains of oppression?”
The Church proposes a reform or repeal of anti-conversion laws, greater protections against false accusations, placing the burden of proof on the accuser and not the accused, and greater protection for charitable works as expressions of faith.
“In the words of Vatican II, we are called to read the signs of the times through the lens of the Gospel. Today, the sign is clear: India’s pluralism is her strength, not her threat,” writes Bishop Fernandes. “Let conscience, not coercion, shape our souls. Let India remain the land where every heart is free to seek God in its own way.”
(Nirmala Carvalho contributed to this article)
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