Expulsion From The Church From Marrying Outside The Community Is Unconstitutional

What Is The Case

● Knanaya Catholic Naveekarana Samithy and ors v. The Metropolitan Archbishop, The Archeparchy of Kottayam

● The practice of dismissing a member of the Knanaya Catholic Church for marrying outside the community is unconstitutional, according to a civil court in Kerala, because it violates the right to marry under Article 21 and the right to religion under Article 25 of the Indian Constitution.

● The church's practice of obsessive endogamy is a breach of the right to marriage, which is a component of the right to privacy under Article 21 of the Constitution, according to the Additional Sub Court in Kottayam. The Court also ruled that the forfeiture of membership in the Knanaya church for breaking endogamy is a breach of the constitutional right provided by Article 25.

Details

● The Knanaya group takes great pride in their ancestors, who are thought to have moved from South Mesopotamia to Kerala in the 4th century. They set themselves apart from other Catholics because of their unique genealogy, and they strictly adhere to endogamy, which can result in expulsion from the group even if the person married is a Catholic from another church.

● The plaintiffs filed the lawsuit in 2015, claiming that suspending Knanaya church membership for marrying a Catholic from another church is "unholy," "unconstitutional," "unethical," and "inhuman."

● The petitioners sought a judgement that endogamy was unconstitutional and illegal, as well as orders to reinstate members who had been expelled for breaching the rule and to prevent the Kottayam diocese (which is the sole diocese of Knanaya Catholics) from doing so.

Court’s Observation

● "The alleged practise of endogamy in the second defendant (Archeparchy of Kottayam) is clearly in violation of the right to marriage established in Art. 21 of the Indian Constitution, which can be recognised as both common law and a basic right. The loss of membership in the second defendant as a result of endogamy is a breach of the right to endogamy protected by Article 25 of the Indian Constitution "Sudheesh Kumar S, an Additional Sub Judge.

● The Court made this ruling in a civil challenge brought by a group of reformists who were opposed to the church's practice of compulsive endogamy. The Syro-Malabar Catholic Church has a sect known as Knanaya Church.

● The civil court noted that "plaintiffs have proven that Kottayam diocese is "practising compulsive endogamy in violation of the Bible, Canon Laws, Particular Laws, Article of faith, Indian Constitution, and International Covenants" while granting all of the plaintiffs' requests.

● "They (plaintiffs) also consider the likelihood of different unpleasant effects for members of the second defendant following their expulsion." The mere act of expulsion will undoubtedly instil fear in the minds of existing members of the second defendant, preventing them from exercising their valuable civil rights," the Court noted.

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