Daijiworld Media Network- Mangaluru (SD)

Bengaluru, Jun 6: The Karnataka high court has stated that the civil courts have jurisdiction to hear a suit proposed by a few Catholics seeking permission from the church's head to offer prayers and mass in Konkani.

The appellant Lancy J Narona and a few others residing in Chikkamagaluru claimed that they were not allowed to offer prayers and Masses in their mother tongue, Konkani. Since Konkani is a recognised language in the Indian Constitution, it is their right to offer prayers in their language in the church.

The defendant, Archdiocese of Chikkamagaluru opposed the suit by filing a written complaint and also filed an application under Section 9 and Order I Rule 8 and also under Order VII Rule 11(a) and (d) of CPC and prayed the court to dismiss the suit as it is barred by law.

The trial court agreed with the defendants and came to the conclusion that Canon Law was applicable. Consequently, it had stated that the Canon Law was essential for the church. The trial court also cited Section 6 of the Law, and after taking it into consideration, came to the conclusion that the Code of Canon does not apply when there is any bar. The trial court affirmed its ruling that the civil courts have the authority to hear lawsuits alleging violations of the fundamental rights secured by Articles 25 and 26 of the Indian Constitution.

Since the suit was filed only by four persons and the relief sought in the suit was against the community at large the Trial Court declared that the civil lawsuit was insufficient to get the relief requested in the complaint.

The diocese also added that the plaintiffs had not been barred from worship, but they cannot insist on praying in a particular language. It was claimed that offering prayers in Konkani is not a civil right but rather a ritual and has no impact upon any fundamental rights.