[BREAKING] Compulsive endogamy among Knanaya Catholics violates right to marry under Article 21: Kerala Court

In a ruling that could have significant ramifications, a Kerala court recently observed that "compulsive endogamy" allegedly practiced by Knanaya Catholics is a violation of the right to marry under Article 21 and Article 25 (freedom to profess, practice and propagate religion) of the Constitution (Knanaya Catholic Naveekarana Samithy and ors v. The Metropolitan Archbishop, The Archeparchy of Kottayam)..A civil court at Kottayam, therefore, restrained the Archeparchy of Kottayam from expelling its Knanaya members on account of marriage to catholics from other dioceses.."It can be easily concluded that alleged practice of endogamy in second defendant (Archeparchy of Kottayam) is in violation of right to marriage enshrined in Art. 21 of Indian Constitution which can be simultaneously be recognized as a common law right and a fundamental right. The forfeiture of membership in second defendant for violating endogamy is violation of right guaranteed under Art. 25 of Indian Constitution," held Additional Sub Judge, Sudheesh Kumar S..The Knanaya community comprises of Christians in Kerala who believe that they are descendants of 72 families who trace their roots to Jewish-Christian migrants from Southern Mesopotamia..They are fiercely endogamous and are expected to refrain from marrying outside of their community. .The Court has now found that the Knanaya Catholic is not a separate religious denomination to claim protection under Articles 25 and 26 of the Constitution. .While the community has a common organisation and a distinctive name, it lacks a a unique "system of beliefs or doctrines which they regard as conducive to their spiritual well being i.e., common faith," the Court said..The Judge reasoned that Knanaya catholics also believe in Jesus Christ and his gospels as conducive to their spiritual well-being "like any other member of Syro Malabar Church or Catholic Church." .Discrimination through endogamy cannot be considered as a religious affair of the Knanaya Catholic community, the Court added..The judge went on to find that endogamy has not been established as a custom, practice or tradition having the force of law in the Knanaya Catholic community. The Court further opined that it is crystal clear that implementation of endogamy in the Kottayam Archeparchy is not peaceful.."It is just like handing over knife to one person and command him to kill himself. The members of second defendant approaching for 'vivahakuri' to marry a Catholic from another Diocese will be compelled to leave second defendant forfeiting his membership to save a life partner of their own choice", the Court said..Opining that the Kottayam Archeparchy and others have miserably failed to establish their case, the Court issued the following directions:By entering into a marriage with a Catholic from another Diocese, a member of the Archeparchy of Kottayam will not forfeit his/her membership in the Archeparchy of Kottayam. The Metropolitan Archbishop of the Archeparchy of Kottayam, the Archeparchy of Kottayam and the Major Archbishop, Syro Malabar Major Archiepiscopal Church are restrained from terminating the membership of any member of the Archeparchy of Kottayam for marrying a Catholic from any other diocese. The above three defendants are ordered "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 Archeparchy of Kottayam authorities were directed to re-admit members, along with their spouses and children, whose membership were terminated for marrying Catholics, if such former members are qualified in all other respects on receipt of proper application..The April 30, 2021 ruling was passed on a civil suit filed by the Knanaya Catholic Naveekarana Samithy, which comprises of Knanaya members of the Kottayam Archeparchy who are opposed to the "unholy practice" of terminating the Knanaya membership of those who marry outside the Knanaya community, including catholics from other dioceses..Along with this collective, three individuals whose membership was terminated by by the Kottayam Archeparchy for marrying catholics of other dioceses were also plaintiffs in the matter..Apart from rejecting objections as regarding the maintainability of the suit, the Court also opined that the suit "cannot be considered as an intrusion or infiltration to the ethnicity of second defendant or Knanaya Catholics." .In its written submissions before the Court, the Kottayam Archeparchy submitted that the successors of the 72 families who are strictly practicing endogamy are Knanites. The practice of endogamy or marrying within the community is the quintessence of the culture of Knanaya community, the Court was told..In other words, membership in the Knanaya community is determined by birth, and marriage outside the community is accompanied by forfeiture of Knanaya membership. .The Court recorded the respondents as having submitted the following: "Except for such a norm of endogamy, the Knanaya immigrants would not have formed themselves into a distinct community in the first place and continued in existence as such until today especially in the conduct of the structure of Indian society... endogamy is the constitutive principle or raison d'etre of Knanaya community and they guard the 161⁄2 centuries old heritage as the pupil of their eye. The custom and tradition of Knanaya community is being followed uninterruptedly till this date. Endogamy is an indispensable custom and tradition of Knanaya community", .It was further argued that the Archdiocese of Kottayam was erected only for Knanaya Catholics and a member of a Syro Malabar Church cannot claim a right to become a member in a particular Parish or Diocese. .No authority can compel the grant of membership to a non-Knanite and Knanites have the right to form their units according to their culture, practice and custom, it was asserted. .The Court, however, ruled in the plaintiffs' favour upon finding that they have established that the practice of endogamy in the Kottayam Archeparchy "is against Bible, Canon Laws, Article of faith, Indian Constitution, International Covenants on Civil and Political Rights and Declaration of UN General Assembly Resolution.".Advocates Francis Thomas and George Thomas appeared for the plaintiffs. Advocates Agi Joseph, Jojo Thomas, and Luke J Chirayil represented various defendants. .[Read Judgment]