Some of the Sheppards of the Catholic Church are not aware that we are a civilized society. They still believe that we are the old jungle raj where the only rule for survival is Might is right. The judgement of the supreme court of India recently, regarding fundamental rights and human freedom of Indian citizens according to the constitution will wake them up. We, the ordinary lay Catholics also must be aware of our rights as citizens in a democratic country.
Shri Jose Paul (Delhi) writes on the misbehavior of Syro Malabar Church
Message for
the “Justice Sunday (August 17th) for Catholics in Delhi.
The
excerpts from the Supreme Court Judgement.
The lessons
from the Judgement of the Supreme Court on 7 – 7 - 2014 regarding the issuance
of Fatwa by the Muslims according to the Muslim personal Law by the Dar-ul -
quzas are very revealing to all of us in the light of J.P.L (The debated Joint Pastoral Letter, shared by the Arch Bishops of Faridabad and Delhi) looming on us
denying the freedom and the fundamental rights of the individuals.
Some of the relevant parts are put down here “as it
is” for all us to see the illegality of the Joint Pastoral Letter imposed on us
by quoting the Cannon Laws. The National Laws legislated by our National Parliament
according to our Constitution which proclaims the freedom of the individual and
the fundamental rights is above all the Religious laws such as Muslim personal
laws and cannon laws or any such laws and any actions by the Heads of religion
which deny the freedom and fundamental rights.
The Supreme Court appreciates these bodies such as as Dar-
Ul- qaza (Muslim Court ) a source which can bring about amicable settlement of
disputes of civil or religious nature as long as it does not infringe the
freedom of individuals..
But it clearly states that” Dar – ul – Qaza is neither
created nor sanctioned by any law made by the competent legislature. Therefore,
the opinion or the Fatwa issued by Dar-ul-qaza or for that matter anybody is not adjudication of dispute by an
authority under judicial system Sanctioned by Law. A Qazi or Mufti has no
authority of powers to impose his opinion and enforce his Fatwa on any one by
any coercive method.”
“In fact whatever
may have been the power of Fatwa during Mogul or British Rule; it has no place
in independent India under our Constitutional Scheme.
It has no legal sanction and cannot be enforced by any legal process either by
Dar- ul-Qaza issuing that or the person concerned or that matter anybody. The
person or the body concerned may ignore it. It will not be necessary for
anybody to challenge before any court of law. It can simply be ignored. In any case, any person or body tries to
impose it, their act would be illegal”.
“As
observed earlier, the Fatwa has no legal status in our Constitutional Scheme.”
“The object of establishment of such a court
(Dar-ul-qaza) may be laudable but we have no doubt in our mind that it has no
legal status. It is bereft of any legal pedigree and has no sanction in the
laws of the land. They are not part of the corpus Juris of the State. A Fatwa
is an opinion, only an expert is expected to give. It is not a decree, not
binding on the court or the state or the individual. It is not sanctioned under our constitutional scheme.”
“However, as Fatwa gets strength from the religion, it
causes serious psychological impact on the person intending not to abide by
that. As projected by respondent 10 (
Dar – ul – Uloom, Deoband, “God fearing Muslims obey the Fatwas” They added “It
is for the persons/parties who obtain Fatwa to abide or not. “ It however
emphasises that “the persons who are God fearing and believe that they are
answerable to the Almighty and have to face the consequences of their doings/
deeds, such are the persons, who submit the fatwa”
“In our opinion, one may not object to issuance of
Fatwa on a religious issue or any other issue so long it does not infringe upon the rights of individuals guaranteed
under the law.”
“Having regard to the fact that a Fatwa has the potential
of causing immense devastation, we feel impelled to add a word of caution. We
would like to advise the Dar-ul-Qaza or
for that matter anybody, not to give any response or issue Fatwa concerning
an individual, unless asked for by the person involved or the person directly
interested”.
“Issuance
of Fatwa on rights, status and obligation of individual Muslim, in our opinion,
would not be permissible unless asked for by the person concerned”.
“Fatwas touching
upon the rights of an individual at the instance of rank strangers may cause
irreparable damage and therefore, would be absolutely uncalled for It shall be
in violation of basic human rights. It cannot be used to
punish innocent. No religion including Islam punishes the innocent. Religion cannot be allowed to be merciless
to the victim. Faith cannot be used as
dehumanising force”
“We observe
that no Dar-ul-qaza or for that matter, anybody
or institution by any name, shall give verdict or issue Fatwa touching upon the rights, status and
obligation, of an individual unless such an individual has asked for it”.
“In any event, the decision, or the Fatwa issued by whatever
body, being not emanating from any judicial system recognised by law, it is not
binding on any one including the person, who had asked for it. Further, such an adjudication or Fatwa does not haves a force of law and,
therefore, cannot be enforced by any process using coercive method.
Any person trying to enforce that by any method shall be illegal and has
to be dealt with in accordance with law”.
After reading these excerpts from the Judges of our
supreme court, you may come to your own conclusions about the situation in
which the Catholics of Delhi are. This is not a problem only for Delhi, but the
whole country and also the world at large. If you change the name Dar-ul-qaza
to the two Archdiocese and the Word Fatwa to JPL, we can see the enormity of
illegal injustice we the believers are
subjected to.
The
illegalities and injustices in the Joint Pastoral Letter.
The JPL is
signed by both the Archbishops. As far as the Archbishop of Faridabad is
concerned, he has no local standing legally, spiritually, emotionally, socially
or economically to send a letter to the parish priests of the Archdiocese of
Delhi to be read out in the churches of the Archdiocese of Delhi in matters
effecting freedom and fundamental rights of the members of these parishes. If the letter had been
written by him only and advised by him to read out and take action on matters
mentioned in that, the parish priests of Delhi Archdiocese and the members of
the parishes have no obligation to heed to his advice. Such a letter will have
the value and status of a scrap paper.
But When the Archbishop of Delhi has signed that joint
letter and had asked the parish priests
of his diocese, and the members of the parish to take action of the contents of
the letter, he is dealing with people
who are under his care legally, spiritually, emotionally, socially and even
economically. He has the responsibility and authority to advice his people and
the members of the parishes of his diocese.
When he sends a command or order or advice or directive, it affects the
life of all the existing members of his Archdiocese of Delhi. It happens that
these commands sent by him signed jointly by both the Archbishops are
infringing the fundamental rights and religious freedom of the people who are
under his spiritual care. This action is blatantly illegal.
The areas of illegality
1.
The S.M. Catholics were members of
Archdiocese of Delhi parishes for decades. They remained as Syrians but
participated in Latin rite services with full loyalty towards the Archbishop of
Delhi as their Archbishopfor almost half a century. They had all the rights as
a catholic and as a member of their parish and diocese of Delhi without any
discrimination as Syrian or Latin communities. They together with all Catholics
contributed to the spiritual, social, political, emotional and economical
growth of the Archdiocese of Delhi as equal partners. On a fine morning, the
Archbishop of Delhi sent out an order that these loyal
2.
Syrian Catholics are no more
members of the Archdiocese of Delhi and there is no choice for them except to
get out. This is against all fundamental human rights and freedom of the
individual. This is absolutely illegal.
3.
There is threat or a coercive
approach the Archbishops have taken to make sure that these people to obey
their illegal order, you have prohibited the Syrian Catholics to receive the
two most important religious practices (sacraments} in a Catholic person’s life
(The sacrament of Baptism and the sacrament of Marriage out of the seven sacraments
of the church) in the churches of the archdiocese of Delhi Diocese visa-vis the
practices which were prevalent for decades from the beginning of the
Archdiocese. Is this not a coercive action?
Is it legal?
4.
It is also ordered that a Syrian Catholic
person man or woman has to get clearance for his or her marriage not from the
parish he or she was a member so long (The Archdiocese of Delhi) but from the
parish priest of a newly constituted Syrian Catholic Parish whether the person
concerned or the parish priest are known to each other or not. Where is the
justice in this?
5.
“The faithful of the Syro-malabar
Church cease to be members of the parishes of the Archdiocese of Delhi”. “Basically, there is no choice in this
matter” These two sentences in this letter signed by you both are illegal in
many ways.
a.
It is against the fundamental human
rights, individual freedom and religious freedom
b.
You are using coercive methods to
make the people obey and surrender to your dikaits.
c.
These two sentences are to be applied to all
faithful of the Syro-malabar People. In fact it applies only to the Syrian Lay Catholics.
d.
What happens to all the Syrian born
priests and Bishops in the Archdiocese of Delhi? Will they cease to be the
Bishops and priests of the Archdiocese of Delhi?
Are they not belonging to the Syro-malabar faithful?
(The new definition of Syro-Malabar faithful means ONLY Lay
People born of Syro-Malabar families.The Syrian born Bishops, priests, brothers
and nuns in the catholic congregation under the Archdiocese of Delhi are
excempted. How could this be? Are they not Syrian born ?)
e.
What happens to all the Syrian born
Priests, Brothers, and sisters (nuns) in various congregations under the Archdiocese in Delhi
running a number of catholic institutions...? All these, at least 95% of these
congregations are Latin congregation with almost 60 to 80 percent of the
priests, brothers and nuns from Syros-Malabar families. Are they super natural people who have special
exception from being Syro-malabar faithful?
Is it not
the duty of the Archbishop to apply the rules he creates for the Catholics to
be applied to the clergy under his care first before he applies it to the lay
people to show his sincerity of purpose?.
f.
It is heart breaking for any
Catholic to witness the Shepherds of the Church tearing down the spiritual,
social, emotional and psychological bonds that was existing within the Catholic
Church with your bifurcation plan. Nobody can build that unity, that oneness of
the church except by those who did this crime of illegality without any human
or divine feelings. For the sake of this unity, this oneness in Christ, we the
lay people must be willing to go to any extend with humility and love for
Christ. We need to experience the boldness to be the part of the real mystical
body of Jesus, the one only Church. There is only one person we have to answer.
That is Jesus.
g.
There is an enormous economic angle
to this decision and dikait. These Syro-Malabar faithful (yes the lay people)
nurtured the growth of the diocese and the new parish churches and their
activities from the inception of the Diocese with their time, prayers, energy
and money with the faith. They belonged
to this only Catholic Church. They genuinely belonged to this church. The
church documents will show that these people as
parish members for many years and regularly supporting the church in its
constructions, mentainences and regular workings.Do you mean to say that such
people who were part and parcel of the church can be told that they “cease to
be members of this parish and diocese”
without even thinking of compensating them in order to build new
churches for them? Where is your Christian justice? What will the national
Justice system will have to say to this illegal action?
h.
What about the institutions such as
schools, hospitals, old age homes, even colleges where majority of
administrators (Fathers, brothers and sisters) are from Syrian families? Will
the institutions change into Syrian institutions? or will these people have to
obey your command to the Syrian born catholics (cease to be members of the
Archdiocese and that there is no choice) and embrace the Syrian church? What
happens to the institutions which are built with the sweat and blood of these
people? Will they get a share of it? See one illegal act can lead to a flood of
other illegal actions.
i.
What about the Syrian catholic
parents, who had been also along with other Catholics, the backbone of many
institutions especially schools and colleges. Do the children of the Syrian
catholic children have any right of admission in these institutions when they
are outcastes in the present situation? Will the Syrian parish priest’s letter
that the child is a catholic give the child the right of admission in the
existing institutions?
If we dwell further into the consequences of the illegal
action, we can find a number of them. Can’t we leave peacefully and in love as
we did so long? Many of the religions are breaking and as a result violence and
civil wars are taking place. Should we, the Catholics also, contribute to
another religious war? It is for the Sheppard’s to decide whether they are
followers of Christ or that of wealth and power. Where are you leading the
faithful to? A civil war? A legal war? Or closer to Jesus?
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