Kerala: Left, Right and two steps backwards

Kerala has made stunning progress in the fields of literacy and population control. These were achieved through awareness programs and not by coercion. In both fields, the projects have reached self sustaining levels, a pattern where the vast majority of the people pursue the objectives automatically. The current situation is that many schools do not have sufficient students as a result of the family planning program, and face closure.

The Kerala Catholic Bishops Council (KCBC) recently threw a spanner into the works by asking its flock to beget more children to arrest the decline in the Catholic population. One is reminded of the Nazis directing Aryan women to produce as many children as possible to increase the number of true Aryans in Germany. The Church, of course, can argue that it was always against birth control except through restraint.

Almost on the heels of this came the recommendations of the Kerala Law Reforms Commission headed by Justice VR Krishna Iyer that opened up a new controversy. Justice Krishna Iyer, it may be recalled, was a member of Kerala’s first Communist Ministry and held important portfolios. Subsequently he was a Supreme Court Judge (1973-1980). He claims that he was never a Communist but only shared ‘socialist dimensions’ with them.

The Kerala Law Reforms Commission has recommended that a fine of Rs.10000 be imposed on couples with three or more children, along with other severe measures to ensure more effective birth control among the people. In Communist countries, which are usually called People’s Democratic Republics, such steps may go unchallenged. But India is a thriving democracy with a Constitution that ensures Fundamental Rights to its citizens

KCBC was, understandably, among the first to react. It claims that the Law Commission recommendations, if enacted, would infringe on the fundamental rights of the citizens. The Bishops’ organization goes on to say that it stands for responsible parenthood, which means that couples should decide on the size of the family based on their health and financial capabilities. Muslim groups also have protested vehemently against the Law Commission’s views.

I, a person with no formal law education, too feel that the recommendations would infringe on fundamental rights if they are made enforceable. Also, a question that comes to mind is what would be the legal implication if a person denies conjugal rights to his/her spouse in the name of State ordained birth control.

Ends.

Also see Kerala: Left with empty granaries

The Kerala Scene: Girls forced to join convents?

Media reports say that the State Women’s Commission (SWC) has made, after studying a complaint it received, the following recommendations to the government regarding admitting nuns to the convents:

1. Ensure that girls below the age of 18 are not forcibly enrolled as nuns
2. Implement a scheme to rehabilitate women who leave the convents.

There cannot be any dispute on these. In fact, the first point should apply to marriages as well. No person should be compelled to act against her/his will. It is worthwhile noting here that a Catholic marriage is annulled by the Church if defective consent is proved.

Another suggestion by the SWC is that a girl’s share of her family wealth should remain in her own name and not vest with the convent she joins. This can raise some questions.

Would it interfere with the fundamental right of citizen to handle his/her wealth? What about the many poor girls who join as nuns? How would they be provided for? When a person joins a community with full consent is not that person bound to follow the rules of that community? Can there be a meaningful religious group consisting of rich members and poor members?

To a lay mind the effect of this recommendation would be that a nun’s share of her ancestral property could go to anyone else or to the government but not to the convent of which she is a member. Somehow that doesn’t seem fair.

The SWC affirms that it does not want to tamper with matters relating to faith.

The major churches in Kerala have come out with clarifications:

1. No person under the age of 18 can be accepted as priest or nun.
2. Only if there were full consent their training would start.
3. There is no compulsion that a girl should donate her share of the family wealth to the convent she joins.
4. Even after the final wows are taken, a person can leave the vocation.
5. Help is extended for rehabilitating those who leave the convents.

The Church authorities should have explained all these to the SWC. But it is not clear whether they were given a chance to do so.

Ends.

Also see: Vedas, Syrian Christians