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Third Millennium, A Church Led By Laity and Clergy

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The Kerala High Court has ruled that the laity has right over church property. Parishioners, independently or together as a committee of administrators, are competent to represent the parish and claim rights over the property of the church, Justice K. Vinod Chandran gave the ruling October 10, 2012 The court passed the ruling while hearing a case over property rights between parishioners and church authorities of 'Mukkad Thirukudumba' Church in Sakthikulangara, Kollam in Kerala. As per Canon Law, church property is vested in the hands of the bishop or the vicar and clearly mandates consent from either the bishop or the vicar for initiating a litigation. The court said that the competence of the parishioners cannot be doubted even going by the Canon Law; less so by the law applicable to this land. Church and its properties would not vest in the Pope or the archbishop and the maxim "Roma locuta est, causa finite est" (Rome has spoken, case is closed) no longer survives, the court observed in the judgment. "Canon Law, as it exists now, realizes the fences erected by civil law and cautiously veers away from any transgression thereof," it said. The court also pointed out that Canon Law was discussed only to answer the right of the parishioners and it shouldn't be understood that Canon Law would override the civil law of the land. Canon Law can have theological or ecclesiastical implication to the parties, but such personal law cannot have any legal impact, the judge quoted from a full bench decision of the high court.(News taken form www.ucannews.com) Include Laity In To Church Administration We need to request Catholic Church to initiate steps to implement the Canon Law and the thrust of the judgement that the Kerala High Court delivered into the practice of the Catholic Church administration. All the property that Church owns today is the capital generated from the donations of generous donors who did it for the sake of the well being of the Church personnel and the people of God. This is idea of service is the central teaching of Lord Jesus the dream of the early Church. It can become true only when the laity is part of the administration of the temporal affairs of the Church. If the laity is part of the administrative team, then the problems of the laity can be well addressed. We need a laity-clergy inclusive team to do administration of the temporal affairs of the Catholic Church; it will help to realize the dream of Vatican Council II regarding the leadership of the Laity and administration of the temporal affairs of the Church. Kerala High Court Judgement must be an eye opener for the laity and hierarchical Church to find ways to become new way of being Church. Vishwa Kalyan Ashram is a Non-Governmental Organization working for the cause of the laity and the reformation of the Church. We would like to submit a memorandum to Catholic Bishops Conference of India to initiate steps to include laity in all administrative bodies of the Churches and Institutions across India. Director Vishwa Kalyan Ashram 38-Patrakar Colony Link Road No.3 Bhopal-462003, M.P beingnewway@gmail.com NB: Those of you who wish to associate with us for the same cause may contact us.

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