The Supreme Court has expressed the need for a “very conscious call” regarding the judiciary’s role in religious matters, as it advised the Kerala government against publishing information about the population, churches, and assets linked to the Orthodox Malankara and Jacobite denominations embroiled in a dispute.
Justice Surya Kant, leading a two-judge panel, emphasized the delicate nature of such interventions, indicating that involvement might set a precedent for future religious disputes seeking judicial review. He addressed this concern to the legal representatives of both denominations.
On December 17, the Supreme Court directed a status quo in the ongoing conflict between the two factions. A detailed hearing is scheduled for January 29 and 30. During the earlier session, the court had instructed the state to provide comprehensive data regarding the Orthodox Christian population, administrative details of churches under both denominations, and the state of their management.
Legal representatives, including notable senior advocates, urged the court to request the state to keep the collected data confidential, to prevent exacerbating tensions prior to the upcoming hearings.
Justice Kant conveyed the court’s intent to facilitate a resolution that would allow both groups to coexist peacefully. The advocate for the state assured that there was no intention to publish the data, prompting the court to advise against any circulation or publication of the information for the time being.
This ongoing schism affects over 2,000 parish churches and approximately 30 million followers worldwide. The dispute has historical roots, tracing back over a century between factions loyal to different patriarchs, with the core governance structure established under the 1934 constitution recognized by the Supreme Court in its rulings in 1958 and 1995. The Malankara church, believed to have been founded in AD 52 by St. Thomas, continues to navigate its complex theological and administrative challenges.
The Supreme Court remains committed to addressing this significant religious conflict with care and consideration.
