SC to hear plea against Kerala churches' compulsory confessions


New Delhi, Jan 8 (IANS): The Supreme Court on Friday agreed to hear a PIL by a group of Christian women from Kerala questioning the practice of compulsory confessions in the Malankara Orthodox Syrian Church, terming the practice as violative of the constitutional rights to freedom of religion and privacy.

A bench headed by Chief Justice S.A. Bobde and comprising Justices A.S. Bopanna and V. Ramasubramanian allowed petitioner Bina Titty and others to amend the petition to bring some additional facts in the matter.

At the outset, the bench asked senior advocate Mukul Rohatgi, representing a group of five women, why didn't he move the Kerala High Court, and he replied that the apex court had already referred to similar questions, which were framed in the Sabarimala judgment, for consideration by a nine-judge Constitution bench. Since the issue is pending in the top court, the High Court could not have heard the matter, Rohatgi said.

Attorney General K.K. Venugopal, representing the Centre, however, contended that the issue has emerged from the dispute in Malankara church, which the apex court settled in 2017, and the High Court concerned can deal with the matter.

Rohatgi submitted that the male priests have abused the confessions made by the women, and added that the matter is connected with constitutional importance, if confession is an essential religious practice. He argued that it is also important to examine that if it violated the right to privacy.

After a brief hearing in the matter, Rohatgi asked the top court to allow him to amend the petition and to bring more facts on record.

The plea, filed through advocate Mohit D. Ram, has argued that confession involves laying bare all secrets of the confessor which he/she believes to be sinful. "However, much to the dismay of the petitioners, in the present case, the priest, part from being not faithful to the sect of the petitioners, has also misused his position as the priest and indulged in acts of blackmailing the members of the parish," the plea said.

The petitioners have argued that in certain cases, priests have even sought sexual favours from the female members of the parish. "The petitioners and similarly placed persons need to confess before a priest of their own choice," added the plea.

On December 14, a bench headed by the Chief Justice had sought response from the Centre, the Kerala government and high functionaries of the church on the plea challenging the alleged practice of forced and mandatory confession from every of its members.

The plea was filed by Mathew T. Mathachan, Shaji P.J. and Jose C.V., through advocate Sanand Ramakrishnan.

"This pernicious practice of forced, compulsory and mandatory confession (not being voluntary) from every member both men and women is causing several other problems, including sexual exploitation of women and blackmailing," said the plea.

 

  

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Comment on this article

  • John Crasta, Mangaluru

    Sat, Jan 09 2021

    Humans are created from the dust of the world as such we are all imperfect. It is for this reason we are called upon to pray for the leadership of the church, state etc. In fact Bible makes it clear that church and the state should be kept separate ( Mark 12:17) as such the state should resist the attempt to interfere in the affairs of the church. Those who confess their sins are free to complain to the church authorities or to the state authorities if the priest blackmails them etc. there are no restrictions on them.
    Let us put it this way,
    1) Should the internet be banned because many cases to hacking or fake news take place?
    2) Should the police stations be closed because despite so many laws , rapes, murders take place ?
    3) Should the entire humanity be slaughtered as there are so many murderers amongst us?
    4) So many people die in best of the hospitals despite spending huge amounts. So should all the
    hospitals be shut down?
    Therefore who are these people who constantly try to destroy the institutions with devious logic?
    These are nothing but bunch of crooked people who pretend to be liberals and their only aim is to
    make people loose self control and use them for their nefarious designs. Their only aims is to make people publicly deny Christ? .Their rewards is already foretold in Mathew 10:33.

    DisAgree Agree Reply Report Abuse

  • Ragavendra P., Kaladka/Mangaluru

    Fri, Jan 08 2021

    Either you follow your religions rules or you come out from there and join which you feel good if you want. Do not mix religions rule with country's Law. Country's law made for all as one. Where as religions rules are made for them alone. A court of any level can not decide whether you have go for confessions or not.

    DisAgree Agree [6] Reply Report Abuse

  • Mohan Prabhu,, Mangalore (Kankanady)/Ottawa, Canada

    Fri, Jan 08 2021

    what a pernicious weapon!

    DisAgree [1] Agree [3] Reply Report Abuse

  • Deshbhakt, Mangalore

    Fri, Jan 08 2021

    When should one confess ?? Upon realising that he/she has done something wrong, right ? Then, where is the need for compulsion to confess periodically ?? Don't the priests have any other job ??

    How did the rituals take place during Lockdown ?? Priests visited the sinners personally to take their followers' sins' burden ?

    DisAgree [5] Agree [2] Reply Report Abuse

  • Agee, Indian-UAE

    Fri, Jan 08 2021

    Confession is done to heal inner wounds this is true, here Priest don't charge for this.

    Many practices and are addicted to give money and take blessings, believe me it's all fake, they at just running a business for their living.

    DisAgree [1] Agree [2] Reply Report Abuse

  • Anilkkumar, Mangalore

    Fri, Jan 08 2021

    If you do not belong to the religion, you have no right to comment on the religious laws. Dont poke your nose into other people's affairs without knowing the facts.

    DisAgree Agree [4] Reply Report Abuse


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Title: SC to hear plea against Kerala churches' compulsory confessions



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