Gabriel Vaz

Daijiworld Media Network

Bengaluru, Jun 22: In a major victory to the proponents of Konkani language for use in Masses and Religious celebrations in the Archdiocese of Bangalore, and by inference in other Roman Catholic Dioceses in Karnataka, the Bangalore Additional City Civil and Sessions Court has asked the Archbishop of Bangalore to "issue directions to all Roman Catholic Churches of Bangalore and the priests heading the Churches to permit/allow Masses in Konkani language.’’

The order was passed by Bangalore Additional City Civil and Sessions Court Judge Bailur Shankar Rama recently on a civil suit filed by the Federation of Konkani Catholic Associations (FKCA) on October 10, 2014 against Most Rev Dr Bernard Moras, Archbishop of Bangalore, with John Celestine, C Devaraj and C AUdayakumar as the other defendants.

The Bangalore Additional City Civil and Sessions Court Judge Bailur Shankar Rama’s order is bound to have ripple effects in many other Catholic Dioceses of Karnataka, especially in Chikkamagalur, Mysuru, Shimoga etc.

The then Vice President of FKCA Dolfy D’Cunha and General Secretary Arun Fernandez, who had filed the suit, had sought a direction to all Roman Catholic Churches in the Archdiocese of Bangalore and the priests heading the churches in Bangalore to permit/allow them (Konkani Catholics) to offer masses in Konkani language apart from other languages.

The plaintiff had contended that the of the total population of Catholics in Bengaluru city of about 8 lakhs, comprising Kannada, Tamil, Telugu, Malayalam, Konkani and English speaking faithful and that the city had more than 3 lakh Konkani speaking people, whose mother tongue is Konkani. The Konkani Catholic population forms roughly 33 % of the total Catholic population in Bangalore city. When Masses are conducted in Churches in English, Kannada, Tamil, Telugu and Malayalam, the Konkani speaking people are denied the privilege of offering masses in their own mother tongue in the Churches of the Archdiocese of Bangalore, they said.

"Anti-Religious, Disgruntled Elements’' blamed

The plaintiff also submitted that "certain anti-religious and disgruntled elements have been interfering with the religious affairs and day-to-day activities’’ of the Archbishop’s office and were "trying to create disharmony and differences among the Christian community with ulterior motives and vested interest.’’

The plaintiff contended that "Article 25(1) of the Constitution guarantees freedom of religion and Article 29(1) provides for allowing a section of citizens having distinct language, script and culture to have the right to practice and propagate their language, which incidentally has been included in the VIII Schedule of the Constitution.’’ But the oral and written requests to the Archbishop as also legal notice seeking permission to conduct Masses in Konkani language went in vain.

The Archbishop, who had filed a written statement through an advocate, averred that the policy statement of the Universal Catholic Church provides for the language of liturgy at the Parish level "will best be dependent on the language profile of the Parish and the congregation attending the liturgical worship.’’

"The Archbishop only supervises the proceedings of the Parish Council to ensure that the policy of the Universal Catholic Church and principles of good governance are followed. The decision of the Parish Council is placed before the Archbishop in Council and after deliberations, an approval is granted or denied,’’ the defendant said and sought dismissal of the suit filed by FKCA as it was based on its "misunderstanding’’ of an equally universal principle that is also followed in the Archdiocese of Bangalore that ``the Parish level problems are resolved at the Parish level itself and not at the Archdiocese level.’’

Bangalore Additional City Civil and Sessions Court Judge Bailur Shankar Rama, in his order, held that the plaintiff had produced a letter issued by Archbishop Moras to the Order of Friars Minor Capuchins on December 10, 2012 against the practice of having Konkani Mass on the last Sunday of every month at their Provincialate of Saccidananda in Rajajinagar and that if the faithful were to participate in the Mass at Saccidananda, then Mass in English alone is permitted and not in any other language. Declining to accept the Archbishop’s contention that ``he is only supervising and does not have any power vested or control or prevent the Parish Council to have the Sunday Mass in their own language,’’ the Judge held that Archbishop is ``vested with powers to give directions to all the Churches in Bangalore or other areas of Karnataka, which fall within the Archdiocese of Bangalore, and need not wait till the recommendations are made from the Parish Council to take a decision or not.’’

When Catholics in the Churches of the Archdiocese of Bangalore are allowed to offer prayers and take part in Mass in Malayalam, Telugu, Tamil and other colloquial languages, the Judge wondered why such a right is denied to Konkani speaking Catholics, who are in a large number. "If the Archdiocese of Bangalore was pleased to allow the Catholics to offer prayers in Tamil, Malayalam and Telugu, then the question does arise why the aspirations, wish and religious beliefs of the Konkani speaking people hailing from Mangalore and other coastal areas to offer prayers in their own mother tongue is not considered by the Archbishop?,’’ he asks in the order and holds that 'he (Archbishop) cannot shirk his responsibilities taking a plea that the Parish Council should submit a report with such a request about the language is concerned, then only he gets right to decide wither to accept or to deny.’

Archbishop Had Announced Solution in April, 2015

However, much before the order of Bangalore Additional City Civil and Sessions Court Judge Bailur Shankar Rama on June 4, 2016, the Archbishop had issued an official circular No. 131/2015 issued on April 12, 2015, the Divine Mercy Sunday, is based on the 10-point Directives issued by the Congregation for theEvangelisation of Peoples, Vatican, on January 8, 2015 ``for a permanent solution to the long-standing language issue in the Archdiocese of Bangalore.’’

The Archbishop, in his official circular, had announced the implementation of the "Directives in toto into Particular Laws for the Pastoral welfare of the whole of the Archdiocese of Bangalore’’ exercising the power of legislation under Canon Law 391. "These laws come into effect immediately,’’ the Archbishop said making it clear that "any doubts of interpretation and/or implementation of these laws will be done by the Archbishop alone, based on the Original Text.’’ "All other previous laws through Circulars No. 3/83 and 2/88, and other laws and regulations related to the language issue are hereby abrogated’’ consequent to the issuance of the latest Directives by the Congregation for the Evangelisation of Peoples to solve the language issue in the Liturgy and promulgation of the laws in the Archdiocese.

Faithful to have say in choice of language

Significantly, the 10-point directives that became the Laws in the Archdiocese, provide for the use of English 'for Liturgy in all our parishes, especially in the city and semi-urban parishes’’ in view of the cosmopolitan character of Bangalore with the faithful comprising of migrants from other parts of the State, country and even abroad besides the education of large number of children in English medium schools.

It also casts a duty on the Parish Pastoral Council under the leadership of the Parish Priest to "study and make a profile of the parish community and make proposals’’ regarding the languages to be used for liturgical services to the Archbishop regarding the scheduled of masses in different languages to be used in the Parish.

Yet another important directive is allowing the choice of language in the liturgy during Marriage, Funeral, Anniversary and other similar celebrations of the parties concerned subject to the condition that these celebrations are to be placed outside the fixed services of the parish.

The 10-point Directives from the Congregation for the Evangelisation of Peoples, which have been accepted ``in toto’’ and promulgated into laws in the Archdiocese of Bangalore.

3-member Papal Commission

The circular stated that the permanent solution was based on the report of the 3-Bishops’ high power commission headed by Emeritus Archbishop Thomas Menaparampil of Gauwati, Bishop Agnelo Gracias of Mumbai and Bishop Thomas Dabre of Pune constituted by Vatican’s Congregation for the Evangelisation of Peoples in 2012 and the subsequent widespread consultations and discussions that the Archdiocese held with different groups, especially the Archdiocesan Priests’ Council (Senate) and also the report of the 10-member Senate Committee as also the recommendations of the Archdiocesan College of Consulters.

The Archbishop had forwarded the "viable and practical recommendations to solve the language issue in the Archdiocese,’’ which was discussed in the Priests’ Council meeting held on July 17, 2014 and "approved in toto’’ by all the members of College of Consulters (barring one member) on August 27, 2014, which was later sent to Vatican’s Apostolic Nuncio to India, Archbishop Salvatore Pennacchio on September 24, 2014 for forwarding to the Prefect of the Congregation for the Evangelisation of Peoples "to study, consider and issue Directives."

Christian Spirit, Live & Let live, Give & Take

The Archbishop had said: "We neither question the Congregation for the Evangelisation of Peoples nor discuss these Directives anymore, but we will only find ways and means through its wise implementation, with paternal and pastoral solicitude, the present atmosphere of contraposition and intolerance within the (same) Diocese be overcome once for all as exhorted by the Apostolic Nuncio in his letter.’’

"My earnest appeal to all the Archdiocesan Clergy, Religious Priests, Brothers and Sisters, and the People of God is that let us make concerted and relentless efforts to implement these laws with the spirit of goodwill and undivided obedience to our higher ecclesiastical authorities, and also strive to put an end to this long-standing language controversy in our Archdiocese,’’ the Archbishop said.

"If all of us have the genuine pastoral care and Christian fellowship, we can certainly promote harmony, peace and unity in the Archdiocese. More than ever, this is an opportune time for us to come together with God’s help to do our best to revitalise our pastoral ministries for everyone’s welfare in the Archdiocese. If all of us have the true Christian Spirit and live and let live attitude and give and take policy, we are sure to make the Church in Bangalore flourish and grow,’’ the Archbishop had added.