KOTTAYAM: In a major setback to the Knanaya Archeparchy of Kottayam, which boasts of its endogamous nature of its members, a court in Kottayam has passed a decree of permanent injunction prohibiting termination of the membership of any person of the archeparchy for marrying a Catholic from any other diocese.
Having more than 1,650-year-long history and tradition, the order passed by Additional Sub-Court judge S Sudheesh Kumar will force the Knanaya Archeparchy of Kottayam to acknowledge the marriages of its members with members of any other sect in the Roman Catholic community. This may put an end to the claim of the Knanaya Catholics that they belong to an endogamous ethnic group.
“It is hereby declared that by entering into the sacrament of marriage with another Catholic from any other diocese, a member will not forfeit his/her membership in the archeparchy of Kottayam,” the court ruled.
The court also directed the Metropolitan Archbishop of Kottayam Archeparchy “by way of decree of mandatory injunction to provide equal rights and facilities through the parish priests for the sacrament of marriage to those members of Archeparchy of Kottayam who wishes to marry Catholics from any other diocese”.
The Knanaya sect was also directed to readmit members along with their spouses and children whose memberships were terminated by defendants 1 and 2 for marrying Catholics if the former members are qualified in all other respects on receipt of proper application. The decree was passed on petitions submitted by Knanaya Catholic Naveekarana Samithi, an organisation based in Kumarakom near Kottayam and a few others.
“In fact, various dioceses under Roman Catholic Church belong to the same community. There is no basis for the claims of Kottayam archeparchy authorities that they are endogamous. The court has found that Kottayam archeparchy’s act was against the Indian Constitution, human rights, Holy Bible and canonical laws of the Catholic Church,” said T O Joseph, president of the Naveekarana Samithi.
“The practice of terminating the membership from the Kottayam archeparchy for marrying other Catholic community members had started nearly a century ago and they have ousted more than 70,000 members so far under the process,” he added.
“So, it can be easily concluded that the alleged practice of endogamy in the second defendant (Kottayam archeparchy) is in violation of the right to marriage enshrined in Article 21 of the Indian Constitution which can be simultaneously recognised as a common law right and a fundamental right. The forfeiture of membership in the second defendant for violating endogamy is a violation of the right guaranteed under Article 25 of the Indian Constitution,” the court observed.
Kottayam archeparchy filed an appeal against the decree at the Kottayam District Court and the court has posted the case for a hearing on June 19. Though TNIE contacted Fr Michael Vettikkatt of Knanaya Church for comments, he declined to react.
HOW THE COMMUNITY CAME INTO BEING
The Knanaya Catholic community traces its origin back to Jewish-Christian immigrant community that migrated from Southern Mesopotamia to the Malabar coast of Kodungallur in AD 345 under the leadership of enterprising merchant Thomas of Cana, aka Knai Thomman. The original community was believed to have consisted of over 400 people belonging to 72 families of seven clans.
Keeping the tradition and culture, they formed an endogamous community by not allowing members to marry persons from other Christian communities even while coexisting peacefully among the St Thomas Christians in India.