By Matters India Reporter
New Delhi: The dismissal of a Catholic nun from a Kerala-based religious congregation has drawn various reactions.
The National Commission for Women has intervened in the incident where Sister Lucy Kalapura was expelled from the Franciscan Clarist Congregation.
The New Delhi-based Commission on June 19 wrote to Sister Ann Joseph, superior general of the 130-year-old congregation seeking an explanation for ordering Sister Kalapura to vacate the convent.
The Commission has also asked the Kerala government to provide all possible support to Sister Kalapura.
Sister Joseph on June 13 ordered Sister Lucy Kalapura to vacate the convent at Kakkamala in Kerala’ Wayanad district ala after the Vatican’s Supreme Tribunal categorically dismissed her revision petition against her dismissal.
Sister Kalapura, however, refused to move out as her petition against her dismissal is pending in a Kerala court.
In another development, a former judge of the Karnataka and Bombay High Courts has urged the Vatican to withdraw confirmation of the expulsion of the nun who had stood up against a bishop who had alleged raped a nun multiple times.
Justice Michael F Saldanha wrote to the Signatura Apostolica in Rome and the Apostolic Nunciature in Delhi on June 17, seeking a “fair hearing” for Sister Lucy Kalappura “in keeping with the rules of natural justice which apply to every law”.
The congregation had sacked Sister Kalapura in August 2019.
Sister Kalapura had angered the congregation in September 2018 by visiting five nuns who were staging a public protest in Kochi and expressing solidarity with them.
The nuns were seeking the arrest of Bishop Franco Mulakkal of Jalandhar, who had allegedly raped a nun 13 times between 2014 and 2016 at a convent in Kuravilangad, Kottayam, Kerala. Mulakkal was eventually arrested but the trial is now underway in a Kottayam court.
After being ordered to leave the Mananthavady, Wayanad, convent following her sacking, Sister Lucy had in December 2019 petitioned a local civil court and obtained an injunction on the eviction order, while continuing to appeal to the Vatican against her expulsion.
The Mumbai-based Justice Saldanha has offered to represent Sister Lucy before the Vatican.
“I am prepared to represent her/assist her at the hearing as I happen to be a qualified and experienced lawyer and not one who can be bought over by Church funds or intimidated,” his letter says.
It adds that the communication Sister Lucy recently received about the rejection of her final appeal was a “very doubtful and mutilated communication” since the Vatican was closed when it was issued.
While the covering letter in English from the Supreme Tribunal of the Signatura Apostolica in Rome was dated May 27, 2020, the directive written in Latin was dated May 27, 2021.
Justice Saldanha said May 27, 2020, fell within a four-month period during which the Vatican had shut down because of the pandemic and a vacation.
“How such an order could have been passed when the office (of the Vatican) was closed and not working is something which you are called upon to explain because the consequences are serious in so far as it clearly establishes that the order is fabricated,” Justice Saldanha’s letter says.
After the Supreme Tribunal rejected Sister Lucy’s appeal, the superior-general asked her to vacate the convent within a week after handing over her habits and whatever else that belonged to the order. Failing this, her continuance would be considered “criminal house trespass,” the communication warned.
Justice Saldanha’s letter says such regulations are “illegal and unconstitutional, ostensibly based on Canon Law which cannot override the Constitution of India and the laws of this country”.
The former judge told The Telegraph on June 18 that the Church had not given Sister Lucy a “fair trial” and the nuncio summarily threw out the nun’s appeals.
Justice Saldanha had earlier written to the superior-general on June 13 seeking a reply in 10 days and asking the congregation not to intimidate or harass the nun. “I’m yet to get a reply,” he said.
Sister Lucy told the Telegraph that she harbored hopes about her civil court petition. After one hearing, the judge had got transferred and then the Covid outbreak delayed matters.
“The next hearing is on June 26. I have complete faith in our judiciary,” she said.
Sister Lucy recently retired as a teacher from a school run by another congregation in Mananthavady.
“I’m forced to cook my own food since the convent doesn’t provide me anything. Neither am I allowed to use the chapel, library or any other facility. I enter my room through a side door as I’m not allowed to use the main entrance,” she said.
The eviction deadline set by the superior-general ends on June 20, but Sister Kalapura said she had no plans to leave because she had nowhere else to go. The civil court’s injunction on her eviction still stands.
Many thanks to Justice Saldanha for his intervention and service
Appreciate the decision taken by the Women’s Commission .
I’ll be patient. But the rot needs to be exposed NOW.
Sr Lucy case is just a very small tip of the iceberg . Countless nuns are suffering silently would not be an exaggeration . In reality, they are low grade and are meant to be at the beck and call of the clergy . I’ve personally witnessed the bullying of the nuns and their plight even when brought to the notice of the hierarchy has been not acted upon.
Its high time that these voiceless Women are given some hope and remedy . They did not offer themselves for what they are being treated.
In one instance , a bishop told us, I’ll see why this Nun has to share with you’ll. She was silenced. In another instance , a parish priest drafts a letter sends it to a nun and asks her to sign in her name that the matter is resolved .
In another instance, a letter by a Superior Nun addressed to Municipal authority and Superior of a Religious Order alleges forgery of hersignature.
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https://www.washingtonpost.com/world/un-experts-call-on-holy-see-to-do-more-against-child-abuse/2021/06/21/8fb2cda2-d29c-11eb-b39f-05a2d776b1f4_story.html
The problem is that we have some “ Assal” Catholics who consider that the Catholic Church is a den of thugs and adulterers and so it should be governed by the Govt. of the country. No argument against their views will be of any use. We have some others who think that everything with bishops, priests and religious is fine and not necessary to be looked into. A third set of practising Catholics loyal to Christ and his Church want that truth and justice must prevail, but without hatred, violence and without throwing slush around. Who is right and who will succeed? Some of us forget that every family, every organisation, every congregation has a set of rules. If I give pocket money to my college going daughter, we have rules or understanding about the things on which she can spend the money. If one day I see her bringing a bottle of Rum and drinking, has she not asserted by her deed that it is none of my business to question her or punish her ? So please criticise in truth,love and justice
There are rules and rules for any congregation and institution. Sometimes these rules are autocratic and archaic. With changing times, our rules must be tweaked a little. The reasons cited for Sr. Lucy’s dismissal are absurd as stated by Justice Michael. By not seeking permission for learning driving or buying a car is totally ridiculous to say the least!! While she belongs to a Congregation, she is also human and has decided that rather than travelling with an unknown man in a taxi, she can travel independently in her own car.
Also, if the Congregation states that over the past 12 to 15 years she has been a rebel, why throw her out NOW when she has supported the raped nun against Franco??
Once the Court decides in Franco’s case everything will automatically fall in place. Patience is what is required.
It is ironic that the Congregation & the Church is so eager to nail Sr. Lucy for trivia but are glorifying the Rapist and are not condemning the 13 rape acts at all.
How Good & True is our so called Catholic Church???
Lourduraj are you a member of the congregation ? If not then as per your own standards you got no right to comment as you have no inside information.For your knowledge the law of the land prevails over any other laws.How do you know that Justice Saldanha has a problem with the church? If you are a Catholic does your religion teach you to keep quiet when people are raped sodomised and cheated? How come you remained silent?
Fr Lourduraj has made caustic comments on Justice (retired) Michael Saldanha and Sister Lucy. Is he a privy to the documents /letter of Sr Lucy’s expulsion? Can he produce them so that readers will know which provisions of FCC Sr Lucy has violated to merit her expulsion? Can he explain why Sr Lucy’s expulsion letter of ratification from the Vatican is written in Latin and dated May 2020? He has got no authority to advise Sr Lucy to leave her congregation and “live somewhere else but not in a convent.”
Regarding his observation that “Mr Saldhana has never been a member of a congregation so he has no business to talk about it” he is absolutely off the mark. All religious congregations in India are subject to public scrutiny, as they do not exclusively live by themselves within the four walls of their respective congregation; they deal with the public. Their very survival depends on “Minority Institution” tag (which Gujarat has virtually taken away) and MOST IMPORTANTLY, DONATIONS from the Laity whom they call “sheep.” With Laity’s sweat-money they own schools, colleges, hospitals, and huge landed properties (reportedly the largest in India) and behave like corporate bosses (Bishops, heads of educational institutes, parish priests, nun superiors). So how can Fr Lourduraj say “Both Justice and Lucy mix both law of the land and Constitution of the congregation.” He has not said the same about Bishops (?) Franco Mulakkal and K.A. William about their carnal adventures & financial corruption and that they should leave the congregation forthwith. Why is mum on them? Jesuit priests are normally considered knowledgeable. It is surprising that Fr Lourduraj does not know (or pretends not to know) that all religious congregations in India are subject to the law of the land and not the Canon Law or arbitrary laws of a religious congregation including the Jesuit Order. The moment the Minority Institute certification is withdrawn, most of our religious congregations including Fr Lourduraj and his ilks will be on the road. That time they will be running to lion-hearted people like Justice Saldanha to defend their case in a court of law.
It is very heartening to know that the National Commission for Women has intervened and picket up the cudgels for the cornered Sister Lucy. Yes the Telegraph Calcutta (19 June 2021) did report that Michael F. Saldanha, former justice of Bombay and Karnataka High Courts, has urged the Vatican to withdraw confirmation of the expulsion of Sister Lucy of Franciscan Clarist Congregation (FCC) in Kerala and asked the Vatican to give a fair hearing to her “in keeping with the rules of natural justice which apply to every law.” He further wrote that he was prepared to represent/assist Sister Lucy at the hearing as he was a qualified and experienced lawyer and that he can neither be bought over by Church funds nor intimidated. He also sent a copy of his letter to the Vatican to Sister Ann Joseph, Superior-General of FCC, who had sacked Sister Lucy in August 2019.
By stating that both the Vatican and FCC cannot override the Constitution of India and the laws of this country, a Catholic lion has roared. His roar is sure to send shivers down the spines of Sister Ann Joseph and the Vatican. The place of the ham-handed incident having been Kerala, both the Vatican and FCC Superior have to abide by the Indian Law and certainly not by the Canon Law!
Similar incidents of gross injustice where the victims have been penalised under the garb of Minority Institution Constitutional Protection, have happened elsewhere and also in the Archdiocese of Calcutta, where the Archbishop has swept each matter of grave church injustice under the carpet. This includes the priest principal of a salesian school in Kolkata. The Archbishop is fully aware of this principal’s victimization of female staff members of his school as he has personally heard the victim(s) but just shed crocodile tears. Whoever raised her voice and put up written complaints against this principal’s indecent advances, has been show-caused, charge-sheeted and then terminated. This priest principal boasts of having the full top executive (police) and the judiciary of Kolkata under his control (as their wards study in his school). One senior priest of the Archbishop House is a partner in crime. He headed the farcical One-man Inquiry Commission set up by the school management (read the Perpetrator Principal). How one can be terminated (during Covid time) from job merely based on the findings of a one-man commission is a great mystery and a clear travesty of natural justice. There are gaping holes in the One-man Commission’s finding, as the Transcripts of the mock-hearing reveal. These ludicrous transcripts and other incriminating documents issued by the School Management to nail the hapless victims will make a very interesting case study for Justice Michael on the undercurrents of injustice in our Missionary Institutions. May be he can help the victims of Calcutta get justice as he is doing for Sister Lucy. We need more lions like Justice Saldanha to bring to book the wolves in sheep’s clothing in our churches and Church-run institutes.
The injuction of the civil court should prevail on the letter for eviction by the congregation
The congregation is blind and has failed to appreciate that Sr. Kalapura support for the sisters that were exploited by the Bishop.The outcome of the case is yet to come.
Please don’t crucify her bcoz she thinks differently..
The Church is requested to do what Jesus would have done. The Lord would have given a hearing to the Sister first.
This article is really misleading. The reason for the dismissal of Lucy Kalapura is given as supporting the nuns (alleged victims of Bishop Franco) who were on dharna at Vanchi squire, Ernakulam. This is not a reason at all that led to the dismissal of Lucy Kalapura from the FCC congregation. There are many reasons prior to that. Please get your facts right before such topics are dealt with in your News Paper. While justice should not be denied to her, this is not the first time actions are taken by the legitimate authorities in the religious congregations who are bound by a constitution (rules and regulations of the particular congregation) against erring religious bound by religious vows.
Religious life is not democratic because vows of obedience, chastity, and poverty binds one to the congregation. As a religious one accepts this and enters the congregation. If one breaks any of these vows, then, she or he is not fit to be a member of that congregation. Mr Saldhana has never been a member of a congregation so he has no business to talk about it. He has a problem with the Catholic Church and so if he wishes to leave it and follow another theology, he is free to do so. Sr Lucy has broken congregation’s Constitution which she would vow to follow during her perpetual vows ceremony. That’s it. Both Justice and Lucy mix both law of the land and Constitution of the congregation. Lucy can surely go and live anywhere else and live freely but not in convent because a convent is governed by the particular law of the Institute.