Background of the Church Dispute
The Orthodox-Jacobite feud traces back to the split in the Malankara Christian Church in 1910, resulting in prolonged legal battles over control of several churches. The Supreme Court’s 2017 ruling in K.S. Varghese v. St. Peter’s and Paul’s Syrian Orthodox Church granted the Orthodox faction control over numerous churches in Kerala. However, this decision has been met with strong resistance, particularly from the Jacobite faction, leading to ongoing tensions and administrative hurdles in executing the court's order.
Contempt of Court Proceedings
In response to petitions filed by the Orthodox faction, the Kerala High Court recently dealt with contempt of court proceedings. Justice V.G. Arun addressed the failure of local authorities to implement earlier rulings that allowed the Orthodox faction to perform religious rites in six disputed churches. Despite police efforts, large-scale protests, particularly from the Jacobite side, including participation from elderly individuals and children, obstructed enforcement.
Court’s Directive to District Collectors
Acknowledging the challenges faced by the police, the Kerala High Court issued a significant directive. The Collectors of Ernakulam and Palakkad districts were ordered to take possession of six specific churches involved in the ongoing conflict. This decision was made to ensure that the Orthodox faction could exercise its rights as affirmed by previous judgments. The High Court emphasized that it could not remain a passive observer when court orders were being openly defied.
Churches to Be Taken Over
The High Court’s order detailed the specific churches to be taken over by the district Collectors. In Ernakulam district, these include St. Mary’s Orthodox Church in Odakkali, St. John’s Besphage Orthodox Syrian Church in Pullithanam, and St. Thomas Orthodox Syrian Church in Muzhuvannor. In Palakkad district, St. Mary’s Orthodox Church in Mangalam Dam, St. Mary’s Orthodox Syrian Church in Erickinchira, and St. Thomas Orthodox Syrian Church in Cherukunnam were listed for takeover.
Legal and Social Ramifications
The Kerala High Court’s directive showcases the difficulties in maintaining rule of law when social resistance is widespread. The Court highlighted the gravity of contempt, stating that disregarding judicial orders undermines the entire legal system. Despite arguments from the Jacobite faction regarding the limitations of contempt proceedings, the High Court reaffirmed its commitment to ensuring that its judgments are upheld, signaling the judiciary’s strong stance on enforcement.
Conclusion
The Kerala High Court’s ruling marks a pivotal moment in the long-standing Orthodox-Jacobite church dispute. By directing the Collectors to take possession of the churches, the Court has attempted to break the deadlock and ensure compliance with its orders. However, the strong resistance from the Jacobite faction indicates that the conflict is far from resolved, and further legal and administrative measures may be required to maintain peace and order.
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