An additional district court in Kottayam has held that endogamy within the Knanaya Catholic Community is not an essential religious practice and on this basis, the expulsion of a Knanaya Catholic member and their family unit permanently from the Church for marrying outside the community is violative of Article 25 of the Constitution.
Pronouncing the judgment on September 2, Judge Sanu S. Panicker ruled that ‘neither the community nor the Church is entitled to regulate the membership of the Church for baptism on the basis of the custom of endogomy, overlooking the Canon provisions relating to baptism, an essential religious service in Christian faithful.’
“Since the sacrament of marriage between Knanaya Catholic and non-Knanaya Catholic is a divine one, it cannot be controlled by a custom or any other regulation by the Church as per CAN 1506(2). A Catholic spouse of a Knanaya Catholic is entitled to get the religious status of her husband in his Church as per CAN 33 and also as per the dictum of law laid down by the apex court in Valsamma Paul V/s Cochin University and Others case,’’ read the judgement.
The judgment was passed while considering appeals by the Church against a decree of permanent prohibitory injunction by an additional sub-court in Kottayam against terminating the membership of any member of the Knanaya Archeparchy of Kottayam for marrying a Catholic from any other diocese.
The Knanaya Catholic Community traces its origin to a community that migrated from southern Mesopotamia to the Malabar Coast of Kodungalloor in AD 345. Keeping in with the tradition, they practice endogamy by not allowing its members from marrying from other Christian communities.
