SC ends decades-long conflict in Kerala church citing 2017 verdict

The Supreme Court’s 2017 judgment, delivered in the LS Verghese case, declared the 1934 constitution binding on all Malankara churches.

The Supreme Court on Tuesday directed the Jacobite group to transfer control of disputed churches to the Orthodox group in a long-standing conflict between the two factions of the Malankara Church, one of Kerala’s prominent non-Catholic Christian communities.

The Orthodox Church is based in Kottayam. (Wikimedia Commons)

A bench comprising justices Surya Kant and Ujjal Bhuyan underscored the importance of adhering to its 2017 judgment, which upheld the validity of the Malankara Orthodox Syrian Church’s 1934 constitution to govern the administration of its churches, and voiced disapproval of involving the state government and police to resolve such religious disputes rather than settling them internally.

The Malankara Church first split in 1912 into Jacobite and Orthodox factions. Although the groups reunified briefly in 1959, the truce dissolved in 1972, reigniting disputes over the ownership and administration of over 1,000 churches and their associated properties.

The Supreme Court’s 2017 judgment, delivered in the LS Verghese case, declared the 1934 constitution binding on all Malankara churches. While the judgment directly addressed the ownership of two churches, its implications extended to all churches under the Malankara Church, favouring the Orthodox faction. Despite this clarity, resistance from the Jacobite faction and political hesitance delayed the implementation of the verdict, leading to multiple petitions in courts for enforcement.

During Tuesday’s hearing, the bench questioned the appropriateness of state intervention in religious disputes, as it disapproved of the Kerala high court’s order of involving the state machinery and police in the matter.

“Why should the state be asked to take over churches from one faction and hand them to another? Should the government be dragged into religious matters? Do you want police personnel to be deputed inside churches? Have we reached a stage where the state must administer religious affairs?” asked the bench.

The court highlighted the potential risks of such involvement, suggesting it might necessitate government oversight of church finances and operations, which would further blur the line between religious and state functions.

“An elected government will always have a political ideology, but there must be a clear demarcation between political ideologies and religious affairs,” the bench remarked, underscoring the importance of maintaining this separation in a democratic setup.

The court directed the Jacobite faction to submit a compliance affidavit confirming the handover of church administration to the Orthodox group, as mandated by the 1934 constitution. Justice Kant indicated that if the Jacobite faction wished to be heard further, it must first comply with the previous judgments.

Ronny Varghese, trustee of the Orthodox Syrian church, told HT that the church wholeheartedly welcomes the SC decision on Tuesday and expects the rival faction to hand over the keys of the six churches mentioned in the current dispute.

“Faithful of both factions can come to the churches and offer prayers. We will not oppose them. But they cannot bring in their own priests as it will be a violation of the 2017 judgment. Our prayers and liturgical rituals are the same,” said Varghese.

The court also ordered that community facilities, such as schools, hospitals and burial grounds, must remain accessible to all members, regardless of their allegiance to either faction. It clarified that no one should be compelled to pledge allegiance to the 1934 Constitution to be able to access community facilities.

The order held the petitioners in contempt for wilfully disobeying its earlier judgments in the KS Verghese (2017) and St Mary’s Orthodox Church (2020) cases. It directed immediate compliance and set the next hearing for December 17.

The Jacobite and Orthodox factions have clashed over decades, both in courts and on the streets. Several churches have been taken over by either side, depending on their local influence, often leading to physical altercations. Efforts to resolve these disputes out of court have repeatedly failed.

The issue is further complicated by Kerala’s diverse Christian population, which includes Catholics, Jacobite Syrians, Orthodox Syrians, Mar Thomites and Pentecostals. While Catholics constitute 61% of the state’s Christian population, the Malankara Church represents 15.9%.