SC Orders Jacobite Church To Transfer Administration Of Six Churches To Orthodox Church
The Supreme Court on Tuesday directed the Jacobite Church to transfer the administration of six churches—three in Ernakulam and three in Palakkad districts of Kerala—to the Orthodox Church.
The apex court also mandated that the Orthodox faction must ensure the Jacobite faction retains access to common amenities within these churches, including burial grounds, schools, and hospitals, as stipulated under the 1934 Constitution. The court posted the matter for further consideration on December 17.
In issuing the directive, the court emphasized that the Jacobite Church was in contempt for “willfully disobeying” previous judgments that had ordered the transfer of these churches to the Malankara Orthodox Syrian Church in accordance with the 1934 Constitution. It warned that failure to comply with this order would lead to contempt proceedings.
A bench of Justice Surya Kant and Justice Ujjal Bhuyan passed the order while hearing a batch of Special Leave Petitions filed by officials from the Kerala Government, Kerala Police, and members of the Jacobite Church. The petitions challenged an October 17 Kerala High Court order directing the District Collectors of Palakkad and Ernakulam to take possession of the six churches under Jacobite control and hand them over to the Orthodox Church.
The Malankara Orthodox Syrian Church, a non-Catholic Christian community in Kerala, has been divided into two factions for decades: the Orthodox faction, headquartered in Kottayam, and the Jacobites, who recognize the Patriarch of Antioch in Beirut as their spiritual leader.
The split between the two factions dates back to 1912. Although the Supreme Court facilitated a brief reunification in 1958, the factions separated again in 1970, engaging in a protracted legal battle over the control of churches. In 2017, the Supreme Court delivered its final ruling, affirming the Orthodox faction’s rights to administer the disputed churches.
Since the 2017 verdict, the Orthodox faction has taken control of several churches with High Court backing and police assistance. However, resistance from the Jacobite faction has delayed the transfer of some properties.
The court also highlighted that the 1934 Constitution remains the governing framework for the administration of these churches, underscoring its significance in resolving disputes.
In terms of numbers, the Orthodox Church is significantly larger than the Jacobite faction, which adds another layer of complexity to the ongoing dispute.
