Indian court order on Church properties worries Christians
Catholic Bishops’ Conference is examining Madras High Court suggestion to bring Church assets under state control
Updated: October 30, 2024 05:43 AM GMT
Church leaders have expressed concern over a southern Indian court’s suggestion to bring Church properties under state control like in the case of Hindus and Muslims following graft allegations.
Churches have vast properties and their funds “are drained to fuel a power struggle,” noted the Madurai bench of the Madras High Court in a recent ruling.
The court on Oct. 23 served notices on the federal and the provincial Tamil Nadu governments, seeking their opinion on bringing Church properties under a statutory board like in the case of Hindus and Muslims.
“We are aware of the court order,” said Father Robinson Rodrigues, spokesperson of the Catholic Bishops’ Conference of India (CBCI).
“Our legal department is conducting a study on its implications,” Father Rodrigues told UCA News on Oct. 29.
The priest, however, refused to divulge details, saying “the matter is subjudice.”
Like in the case of Hindu and Muslim charitable endowments, Christian institutions lack a comprehensive statutory body, the court observed.
“Unlike the properties of the Hindu endowment or the Muslim Waqf [charity] Board, Church properties are purchased and not donated,” said Father A Santhanam, a Jesuit priest practicing law at the Madurai court.
“Therefore, the findings of the court are not entirely correct,” Santhanam told UCA News on Oct. 28.
The priest, however, cautioned Church leaders against mismanaging properties, saying “when we mismanage, outside forces,” including the judiciary, will intervene.
“We should not give room for such things,” he warned.
The court will resume hearing the case, which is related to the appointment of employees and their salaries at Scott Christian College in Kanniyakumari in Tamil Nadu, on Nov. 18.
The court noted that Church assets and funds were misused for personal gain.
Since Indian courts handle many cases related to Church properties, the Madurai bench underscored the need for a permanent statutory body to ensure accountability.
The court observation stems from a series of petitions by followers of the Church of South India (CSI), a Protestant denomination which inherited Anglican Church properties after India’s independence in 1947, said a Church leader who did not want to be named.
The Madras High Court formed a two-member panel in April to oversee the administration of the crisis-ridden CSI following administrative disputes.
India’s Supreme Court, however, had restrained the administrators from exercising their powers.
We should settle our differences between ourselves. Otherwise, the government will formulate polices to control Church properties, added the Church official.
Many Christian groups in southern Kerala state and Maharashtra in the west have sought laws to govern Church properties.
Christians make up a mere 2.4 percent of India’s 1. 4 billion people.
