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HomeJudiciary‘Violates Art 25’ — Kerala court on Knanaya Church expelling members marrying...

‘Violates Art 25’ — Kerala court on Knanaya Church expelling members marrying outside community

Kottayam additional district judge said that expelling members for not practising endogamy violates the rights guaranteed under Article 25. Asks church to readmit the expelled.

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New Delhi: A Kerala district court has held that endogamy is not “an essential religious practice” and expelling members for marrying outside the community violates Article 25. The article guarantees Indian citizens the right to practise and profess their faith and religion.

Additional district judge Kottayam, Sanu S Panicker upheld a lower civil court’s 2018 decision that had set aside expulsion of members of the Knanaya Catholic community — a Christian sect based in Kottayam — from the church for marrying outside the community. The 2018 decree was passed on a suit filed by expelled members.

Judge Panicker opined that endogamy “is not an essential religious practice for limiting the membership of the Church”. Endogamy means a marriage within the community or a group.

“I am of the view that the Church would not be justified in regulating the membership of the Church on the basis of the custom of endogamy prevailing in the community,” he added in the 107-page judgment.

He referred to Canon law, the set of ordinances and regulations governing Christianity, which does not prohibit mixed marriage to strengthen the judgment.

To arrive at this judgment, the appellate court also addressed the question of whether a civil court can hear matters related to violation of fundamental rights.


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The genesis of the judgment

The judgment can be traced back to the suit that was filed in 2015 before a lower civil court by the Knanaya Catholic Naveekarana Samithy, a reform group based in Kottayam, and other members of the community.

The suit had sought a declaration that the sacrament of marriage with a Catholic from the outside diocese of Kottayam would not forfeit the membership in the Kottayam diocese.

It also sought an injunction to solemnise the marriage at the Kottayam diocese and re-admit those who were expelled from the membership on the grounds of the custom of endogamy.

Delivering its verdict in 2018, the lower civil court had decreed that endogamy violated the fundamental right of Knanaya Catholics to choose a life partner of their choice, which, it held, is an inherent part of Article 21 that guarantees every citizen the right to liberty.

Though judge Panicker broadly agreed with the lower civil court’s opinion, it did not find the custom of endogamy a violation of Article 21. He said the practice was prevalent for a “reasonably very long period”, but the custom of marriage does not take away the right of individuals to marry on the basis of their choice.

Expelling members from the church cannot be justified because this violates the right to freedom of conscience and practice of religion guaranteed under Article 25 of the Constitution, he further said.


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Not prohibited in Canon law

The court observed that the Knanaya Catholics known as “Southeists” are a section of St Thomas Christians in Kerala who have separate religious practices, and the  church was exclusively carved out for them. But the judgment did not uphold the church’s bye-law of endogamy criteria for membership saying that the primacy is of Canon law.

Canon law does not prohibit mixed marriage, the court said, adding that the Papal Bull (a public decree issued by a pope of the Catholic Church) does not empower the church to regulate membership by endogamy, but by canon law.

The court also took into account the respondent’s argument that the child born to an unwed Knanaya girl has also been allowed to be baptised and be part of the church to hold that endogamy is not an essential religious practice.

The church does not have primacy over canon law, it said, and hence, neither the community nor the church is entitled to regulate the membership of the church for Baptism on the basis of custom of endogamy, bypassing the canon laws.

On the issue of forceful termination, the court said that the membership criteria on the basis of custom are still in force, hence ‘peaceful’ removal is insignificant, and asked to readmit those expelled.


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Civil courts & violation of fundamental rights

The district court held that cases dealing with right to worship, right to marriage, the validity of endogamy custom, and right to membership of the church were of civil nature and have civil consequences, ruling, “the civil court has the jurisdiction to adjudicate the question of violation of fundamental rights as common law”.

Referring to the K.S. Puttaswamy case, the judgment further elaborated that if the violator is a State, the action would lie in writ courts and where the violator is a non-state actor (in this case, the church), the action would fall into the ordinary courts, such as the civil court in the subordinate judiciary.

(Edited by Theres Sudeep)


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