Church row: Panel proposes referendum to find out possession

By Express News Service
KOTTAYAM: In a transfer to finish the decades-old dispute between the Orthodox and Jacobite factions of the Malankara Church, the Kerala State Law Reforms Commission headed by former Supreme Court choose Okay T Thomas has proposed a referendum to find out nearly all of the trustworthy in a parish for claiming possession of its church. The fee submitted the draft invoice to the federal government on Wednesday.

“To determine the majority, a referendum needs to be carried out. Provisions also have been made to protect the ownership rights and beliefs of the churches,” Justice Okay T Thomas instructed TNIE.According to him, a three-member authority headed by a retired SC/HC choose has to supervise the referendum.

“The authority will also have a member each from the Jacobite and the Orthodox factions. If the Churches do not nominate a member to the authority, then the state government can do the nomination,” he mentioned.

No believer needs to be evicted from church till referendum is over: Panel

Justice Thomas mentioned the choices taken by the authority would apply to each factions. “If a dispute arises about the ownership of a church, then the parishioners can submit a letter to the district magistrate citing they are in the majority. The draft stipulates the magistrate has to conduct an initial investigation into the matter and then hand it over to the authority for the referendum,” mentioned Justice Thomas.

As per the draft invoice, till the referendum is over, none is to be evicted from the church.“When it comes to the ownership of a church, the 1934 constitution has no standing since it has not been registered. This has been made clear even in the 2017 Supreme Court judgment. The churches are to be governed by the 1934 constitution as stated in the SC judgment,” he mentioned. 

Justice Thomas mentioned the invoice, if made into an ordinance, will go a good distance in ending the feud. “However, that is now the government’s prerogative. We send a lot of draft bills to the government and they select some of them. One such was the cemetery bill, which played a big role in defusing some amount of tension,” mentioned Justice Thomas. The authorities final 12 months had handed Kerala Christian Cemeteries (Right to Burial of Corpse) 2020 Ordinance, to place an finish to the burial problems with laity belonging to the Orthodox and Jacobite factions.

What the invoice entailsReferendum must be overseen by a 3-member authority The authority ought to comprise a retired SC/HC choose and a consultant every of Jacobite and Orthodox factions

A problem to Constitution: Orthodox factionKottayam: The Malankara Orthodox Church working committee known as the Kerala Law Reforms Commission’s draft invoice a problem to the Indian Constitution and the judiciary. “The move, which is being made by violating the rules of this great nation and the essence of the Supreme Court ruling, has been made solely for political gains,” mentioned the working committee. The transfer has been made to divide the Church for egocentric beneficial properties, the committee mentioned. “The Church will use legal and democratic means to block the move. Legislators who had said no law can be enacted against the apex court ruling, shouldn’t stand with such an action,” it mentioned.