Need for a Church Act - JOSEPH PULIKKUNNEL

Need 
Need for a Church Act,
for the administration of the 
community wealth of Christians

                                                                                          JOSEPH PULIKKUNNEL

     The community wealth of all religions in India, except Christians, are regulated by the Acts passed either by the Parliament or by the State Assemblies; Wakff Act for the Muslims, Hindu Endowment Act for the Hindus and Gurudwara Act for the Sikhs.

     India is a secular democratic republic, and as such, no religion should be given preferential treatment over other religions. Looking from this angle, the Christian community is discriminated against by the State in the name of religion.

     The scenario of priestly domination over the community wealth of other religions has been replaced by laws enacted by the legislatures. The Christian Churches in India, especially the Catholic Church, has billions of rupees worth of property and income, national and international, outside the regulatory control of any Act. The community has practically no say in the administration of this huge wealth. This creates a great imbalance in Indian polity.

Indian Constitution

     Article 25 of the Constitution of India states as follows: "(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law.(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; ...".

     Wakff Act, Hindu endowment Acts and Gurudwara Act are enacted according to the sub section (a) of the Constitution.

     Article 26 of the Constitution permits the religious sections "to own and acquire movable and immovable property and to administer such property in accordance with law."

     So the State has the right to enact law for the administration of the wealth and properties of religions.

Jesus Christ's view on Wealth, Pomp and Authority

     Jesus Christ is the founder of the Christian religion. Christ had negated temporal wealth, pomp and authority. He very clearly said, "My kingship is not of this world." (John 18: 36). Just before Jesus' entry into public ministry, Jesus was tempted by the devil, "And the devil took him up, and showed him all the kingdoms of the world in a moment of time, and said to him, "To you I will give all this authority and their glory; for it has been delivered to me, and I give it to whom I will. If you, then, will worship me, it shall all be yours"(Luke 4: 5-8).

     But Jesus declined devil's offer of wealth, authority and pomp of this world.

     Moreover, in unequivocal terms, Jesus commanded the apostles not to accumulate wealth in this world. He said, "Do not lay up for yourselves treasures on earth, where moth and rust consume and where thieves break in and steal; but lay up for yourselves treasure in heaven, where neither moth nor rust consumes and where thieves do not break in and steal. For where your treasure is, there will your heart be also." (Mathew 6:19). Jesus asserted "No one can serve two masters; for either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve God and Mammon" (Mathew 6:24).

     Jesus' view on authority is as follows: "You know that the rulers of the Gentiles lord it over them, and their great men exercise authority over them. It shall not be so among you; but whoever would be great among you must be your servant, and whoever would be first among you must be your slave; even as the Son of man came not to be served but to serve and to give his life as a ransom for many" (Mathew 20: 25-28).

     As per the Gospel, there is no sanction by Jesus Christ to his disciples or the successors of the disciples to administer the temporalities of the world.

Apostolic Tradition

     After the crucification of Christ, the twelve apostles convened a synod at Jerusalem along with the faithful. The major problem sought to be resolved by the apostles was the administration of the temporal wealth of the Christian community. The Gospel reads as follows: "Now in these days when the disciples were increasing in number, the Hellenists murmured against the Hebrews because their widows were neglected in the daily distribution. And the twelve summoned the body of the disciples and said, 'It is not right that we should give up preaching the word of God to serve tables. Therefore, brethren, pick out from among you seven men of good repute, full of the Spirit and of wisdom, whom we may appoint to this duty. But we will devote ourselves to prayer and to the ministry of the word"(Acts 6:1-4).

     Here apostles established a divide in the Church.

1)       The spiritual mentors of the Church shall have nothing to do with the administration of the temporalities of the Church.

2)       The temporalities of the Church should be administered by the elected representatives of the community. 

     It is for the first time in the history of the world that administration of temporalities of the community was vested in the elected representatives of the community. It is very clear from the teachings of Jesus Christ and decisions of the apostles that there is no sanction for the spiritual mentors to administer the temporalities of the community.

Tradition of the Indian Church

     According to the tradition, Thomas the apostle planted Christianity in India. Whether it is true or not historians attests that there were Christians in India in 5th century. According to the tradition the Christians in India followed a Church system which is known as the Law of Thomas or Thomayude Margavum Vazhipadum. This is attested by documents.

     According to the Law of Thomas, there was clear demarcation between the spiritual service and the administration of temporal properties. The Temporal properties of each church was administered by the elected representatives of the Community. I cite hereunder the opinions of eminent Church historians regarding the Church system in India.

Rev. Dr. Placid Podipara CMI: (Patriarch of Kerala Church history)

     "The assembly of the adults and the priests ascribed to a parish administered the temporalities of the parish and looked after the Christian life of the people. This assembly had the power even to excommunicate public delinquents. Matters of a serious nature were dealt with in the joint assemblies of two or more churches or parishes, while matters that pertained to the whole Church or Community were treated by the representatives of all the parishes. The Malabar Church thus presented the appearance of a Christian Republic''(The Malabar Christians: P - 3).

Rev. Dr. Placid Podipara CMI: (Patriarch of Kerala Church history)

     "The assembly of the adults and the priests ascribed to a parish administered the temporalities of the parish and looked after the Christian life of the people. This assembly had the power even to excommunicate public delinquents. Matters of a serious nature were dealt with in the joint assemblies of two or more churches or parishes, while matters that pertained to the whole Church or Community were treated by the representatives of all the parishes. The Malabar Church thus presented the appearance of a Christian Republic''(The Malabar Christians: P - 3).

Rev. Dr. Xavier Koodapuzha (Former Professor of Church History, St. Thomas Apostolic Seminary, Vadavathoor, Kottayam):

     ''In the ecclesial life of the Thomas Christians, Palliyogam played a very important role. A yogam consists of the representatives of the families and the clergy of a parish. This assembly is presided over by the parish priest. The yogam discusses the problems connected with the life and activities of the parish, such as the approval of the candidates to priesthood, spiritual welfare of the parish, the financial administration, punishment for public sinners, reconciliation in times of conflict, etc. The candidates for priesthood have to get the desakkuri, the official approval, of the parish community....."

     "....The local problems of the community were discussed in the parish yogam. Matters of wider importance were discussed in the General Yogam which consisted of  representatives of all the parishes in the General Yogam the Archdeacon had a very decisive role. We come across such gatherings before important events of the Church. There were gatherings of this kind before and after the 'Koonan Cross' oath. The general gathering decided to send Fr. Cariatti and others to Rome. The necessary money was raised by the General Yogam. Fr. Paulinus of St. Bartholomeo, who was a Carmelite missionary in India calls it a republican system of government" (Ecclesial Identity of St. Thomas Christians, P- 78, 79, 80, 81).