Expulsion From Knanaya Catholic Church For Marrying Outside Community Unconstitutional, Against Jesus's Teachings : Kerala Court

A civil court in Kerala has ruled that the practice of expelling a member from Knanaya Catholic Church for marrying outside the community is unconstitutional for being violative of right to marry under Article 21 and right to religion under Article 25 of the Constitution of India.The Additional Sub Court at Kottayam held that the practice of compulsive endogamy in the church is in violation of right to marriage, which is a facet of right to privacy under Article 21 of the Constitution. The Court additionally held that the forfeiture of membership in the Knanaya church for violating endogamy is violation of right guaranteed under Article 25 of the Constitution."It can be easily concluded that alleged practice of endogamy in second defendant (Archeparchy of Kottayam) is in violation of right to marriage enshrined in Art. 21 of Indian Constitution which can be simultaneously be recognized as a common law right and a fundamental right. The forfeiture of membership in second defendant for violating endogamy is violation of right guaranteed under Art. 25 of Indian Constitution," the judgment delivered by Additional Sub Judge, Sudheesh Kumar S, stated.The Court held so while decreeing a civil suit filed by a group of reformists who were opposing the practice of compulsive endogamy in the church(Knanaya Catholic Naveekarana Samithy and ors v. The Metropolitan Archbishop, The Archeparchy of Kottayam).Knanaya Church is a sect of Syro-Malabar Catholic Church. The Knanaya community takes distinct pride in their ancestral heritage, which they trace back to Syrian Christians who are believed to have migrated from South Mesapotamia to Kerala during 4th century. They distinguish themselves from other Catholics on account of their unique lineage, and rigorously follow endogamy, and violation of it will lead to expulsion from the community, even if the person married is a Catholic of another church.The plaintiffs instituted the suit in 2015 contending that the practice of terminating the membership of Knanaya church for marrying a Catholic of another church is "unholy" "unconstitutional", "unethical" and "inhuman". The plaintiffs sought a declaration that the practice of endogamy was unconstitutional and illegal, and directions to bring back members expelled for violating endogmay and to restrain the Kottayam diocese (which is the exclusive diocese of Knanaya Catholics) from following this practice.While decreeing all the releifs sought by the plaintiffs, the civil court observed the the "plaintiffs have established that Kottayam diocese is "practicing compulsive endogamy violating Bible, Canon Laws, Particular Laws, Article of faith, Indian Constitution and International Covenants"."They(plaintiffs) also probabilise various evil consequences to be faced by members of second defendant after expulsion. The very act of expulsion, no doubt create fear in the minds of existing members of second defendant and will be repelled from exercising their precious civil rights", the Court observed.Right to marriage integral part of personal libertyReferring to precedents in KS Puttaswamy case(which held right to privacy a fundamental right), Hadiya case(which held right to marriage a part of personal liberty), the Court held that right to marriage is the integral part of personal libertye nshrined in right to life guaranteed under Indian Constitution, and that the same shall not be curtailed under the guise of custom by the Kottayam diocese."It was recognized for long time that freedom to marry is the vital personal right essential to the pursuit of happiness by free men. Even statutes denied the precious right to marry on the strength of racial classifications were struck down by various Secular Courts in the world", the Court said.Notably, the judgment refers to the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights 1966, International Covenant on Economic Social and Cultural Right and European Covenant on Human Rights. The Court rejected the contention of the defendants based on the international treaties that the suit was a violation of their distinct cultural and religious rights."Suit cannot be considered as an intrusion or infiltration to the ethnicity of second defendant or Knanaya Catholics", the Court ruled.The Court held that right to marriage is a civil right as well and a suit seeking to protect the same was maintainable as per Section 9 of the Code of Civil Procedure."Right to marriage which is admittedly a civil right find its root in Article 21 of Indian Constitution which forms integral part of right to privacy recognized by Hon'ble Supreme Court in Justice K. S.Puttaswamy's case. Right to retain membership in Kottayam Diocese is also a right of civil nature. Right to get pastoral care in the marriage being members of Kottayam Diocese is also civil right in nature. Absence of ecclesiastical Courts created by State in India empowers Civil...

Expulsion From Knanaya Catholic Church For Marrying Outside Community Unconstitutional, Against Jesus's Teachings : Kerala Court

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