Bu chhotebhai
Kanpur, Jan 25, 2022: When our kids were quite small they regaled visitors to our home with this story. “There were three friends named Somebody, Nobody and Mad. One day Somebody killed Nobody so Mad went to the police station and blurted out that Somebody had killed Nobody. The inspector was not amused and shot back – Are you mad? Yes I’m Mad said the complainant”. Imagine the exasperation of the police inspector.
I was reminded of this seemingly innocuous story after reading about the acquittal of Bishop Franco Mulakkal of Jalandhar in the alleged case of rape of a nun, formerly the superior general of a congregation under his diocesan jurisdiction. If nobody was raped by somebody then I too am mad.
I have been following this story for the last few years and had even petitioned the Papal Nuncio for the protection of the witnesses. I have also read several articles and “comments” on the “acquittal” of him who I had nick-named Frightening Franco. A friend also sent me the 289-page judgement that I have not been able to read fully for paucity of time. Before going into the nitty-gritty of the judgement I have a few apt observations, more allegorical than argumentative.
There is an old English proverb – Don’t miss the wood for the trees. Wood here means a forest. A fan of National Geographic TV wanted to see a tiger in real life; having seen so many graphic images in the comfort of his sitting room. He spent a large amount of money to fly to a Reserve Forest and went around there for three days. All he saw was the tail of a tiger in the bushes. He later posted this on his Facebook page, “What a waste of time and money. Couldn’t see any tigers. Too much jungle”! The judge who passed the acquittal order because he could not “separate the grain from the chaff” seems so much like that armchair tourist. The “inconsistencies” in the victim’s statements apparently obscured the reality of the alleged crime!
It reminds me of two other similar “judgements,” one in the Salman Khan hit and run case, and the other the Aarushi Talwar murder. Salman’s SUV ran over and killed some pavement dwellers. His bodyguard, a police constable and the sole witness, died mysteriously. Thereafter the judge concluded that nobody ran over those hapless victims.
Similarly there were only four people in the locked house of the Talwars, where their daughter Aarushi and the servant were brutally murdered. The only other people there were Aarushi’s parents, in the next room, with a thin wall separating them. Yet the judge could not separate the grain from chaff. So I am mad at such myopic judgements. In Franco’s case there is also a huge dollop of misogamy.
I choose to look at the entire sordid episode from the following perspectives: (1) What is Rape? (2) What is consensual sex? (3) What is the relevance of the three evangelical counsels of Poverty, Chastity and Obedience? Finally, what should Mad people like you and me do next?
WHAT CONSTITUTES RAPE? This is defined under section 375 of the Indian Penal Code (IPC). Before 2013 it was defined as penile penetration by force, fraud, intoxication or misrepresentation. It now includes several other forms of non-penile sexual abuse or assault. By all accounts, the very first encounter between the victim nun and aggressor bishop falls squarely in the present definition of rape. I would not like to titillate my readers with a graphic or pornographic description. Remember that every time the victim re-reads what she went through she is re-living that hell. So let us show her that sensitivity. As legal commentators have said, even if subsequent acts were consensual, the very first act was definitely the crime of rape u/s 375 IPC.
WHAT IS CONSENSUAL SEX? When the alleged perpetrator of the crime is in a position of power or authority over the victim, then the element of consent cannot be presumed. It is an established fact that the bishop wielded unbridled power and authority over the victim nun. This is called a fiduciary relationship, as between a doctor and a health worker (Sec 376D), between a jailor and a convict (Sec 376C) or the person in charge of a home for women or children (Sec 376C).
We have heard of women being lured into sex with the promise of marriage and then being left high and dry. Such cases are now being treated as rape. In the cases of so-called godmen like Baba Ram Rahim and Asaram Bapu their disciples were abused but complained much later. Their complaints were sustained and the criminals are now rotting in jail.
In cases of clerical paedophilia courts in the USA have set a limitation of 30 years since the crime took place. Most of the cases now being reported in the USA and France are several years old. The victims remained in the closet for fear of social stigma or ostracisation. Courts across the world therefore do not consider a delay in reporting the crime as a ground for dismissing it. Yet in the instant case the judge has held the “delay” as a ground to doubt the victim’s credibility.
He has gone to the extent of questioning the victim’s motives, stating that she and her companions were unable to strike a deal with the alleged perpetrator. What is wrong with that? It is common for the weak and marginalized to “compromise” with the powerful as they cannot fight them in a court of law, as is pretty obvious in this case.
This raises another critical question. Besides emotional blackmail, was there also a threat of financial blackmail and social ostracisation, thereby forcing the victim to continue pandering to the lust of the aggressor? In my humble opinion this is not a case of consensual sex, but one of exploitation thereby falling in the category of rape.
WHAT OF THE EVANGELICAL COUNSELS? There is much talk of the Chastity/Celibacy angle. We also need to question Poverty and Obedience. We will begin with Chastity. The IPC gives an example of Mohanlal vs State of Madhya Pradesh (1997). Normally a woman would not falsely implicate a person for the offence of rape at the cost of her character. In Indian society it is very unusual that a lady with a view to implicate a person would go to the extent of stating that she was raped.
The burning question therefore is, why would a nun accuse a powerful bishop of rape if it had not happened? It defies all logic. The only logical explanation is that there was an enduring sexual relationship, whether by allurement or consent, that later turned sour. This would mean that Franco is a sexual predator and not a celibate. On this ground alone, of moral turpitude and ecclesial indiscipline, Frightening Franco should be immediately removed from both episcopal office and the priesthood.
Next comes evangelical Poverty. If Franco can afford the luxury of staying in a five star hotel and hire the most expensive lawyers, even in the Supreme Court, then where is the question of evangelical poverty? Could the poor nun and her supporters stand up to the battery of well heeled defence attorneys? Where is the justice?
Finally, any talk of submission under the guise of Obedience is in this case absurd. Nobody is compelled to obey an unjust or immoral order.
WHAT NEXT? Let us not wring our hands in despair. There is still much that we can do. Here are a few practical suggestions:
1. An appeal against this pernicious judgement must be proffered in the Kerala High Court. This is the duty of the State, so we should pursue the matter with the LDF Government in Kerala. Competent lawyers in Kerala could also offer their services pro bono.
2. The Kerala Governmentt should also be petitioned to investigate the antecedents and finances of the judge. Has he been compromised in some way?
3. We must keep this case alive in the Catholic media by writing articles and letters.
4. We should strongly assert our views with ecclesiastical authorities that, even pending judicial review, there is enough circumstantial evidence for Franco to be removed from office. We should write to the Nuncio, the CBCI President, and the Apostolic Administrator of Jalandhar diocese. Their email ids are given here: Apostolic Nunciature nuntius@apostolicnunciatureindia.com Bp Agnelo Gracias agnelorg@gmail.com Cardinal Oswald Gracias archdioceseofbombay@gmail.com
Let us not give up hope in our battle for justice for the victim, for the removal of black sheep from the ecclesial community, and for greater accountability and transparency in public life. We don’t want more cases of Somebody raping Nobody and driving us all Mad!
(The writer is the convener of the Indian Catholic Forum that has persistently and consistently stood up for the reform and cleansing of the Church, the present case included.)
Chhotebhai’s arguments are water-tight. I wish the plaintiffs legal team had done the same.
Regarding Mrs Virginia Saldanha’s observation that “may top criminal lawyers have examined the judgement and have poked holes in it” were these lawyers part of the victim nun’s legal team. Were they not aware of the revised definition of rape? In the first place itself the police report was 2000-page, much too long, to give the Kottayam Trial Court judge come up with the excuse of mix-up between grain and chaff. Wasn’t it his duty to separate the two? Only on this observation of his he should be censured by the higher court.
Regarding chhotebhai’s suggestion of “Competent lawyers in Kerala could also offer their services pro bono,” I very much doubt this will bear fruit (I sincerely hope it is true). In Kolkata there is a young and brilliant criminal lawyer. He is expensive but has a very good track record of winning cases. The best thing is he does not care about red or white robes. To him a wrong-doer is a wrong-doer, however mighty he/she might be. If chhotebhai or Mrs Virginia Saldanha wants the lawyer’s contact details, I will send it to him / her. The nun’s team has to act fast within the time limit (reportedly 60 days) for appeal and the argument has to be laser sharp, like the Surgical Strike. This is a life-time and possibly the only opportunity to bring the culprit to book. It will also shake up the cartel of 175+ bishops.
“Somebody raped nobody – madness”
Well written article
The headline itself is self-explanatory.
WHAT CONSTITUTES RAPE?
WHAT IS CONSENSUAL SEX?
These are two sensitive questions on this subject and of course, these are ‘SWORD OF DAMOCLES’ hanging over the Court of Justice.
Yes, “let us not give up hope in our battle for justice for the victim, for the removal of black sheep from the ecclesial community, and for a greater accountability and transparency in public life. We don’t want more cases of Somebody raping Nobody and driving us all Mad!”
Chhotebhai, Thanks for the well calculated Narration.
— Joe,
A word for Chhotebhai:
You and I (also a few other friends) had written letters repeatedly to the Nuncio about the “Villain William” of Mysuru Catholic Diocese. In our letters we did point out the case of “Frightening Franco”. What is the end result? Can we say ZERO? To me it is a ZERO.
The pious Catholics still believe (or thoroughly brainwashed to think) that “Poverty, Chastity and Obedience” are strictly followed by the bishops, priests and nuns. I do not deny the fact that there are dedicated and committed bishops, priests and nuns who do practice these Vows. But… the sad and the bitter reality is that a vast majority does not seem to practice these Vows. They throw these Vows up in the air and live in their dreamland and comfort zones.
Such cases have been found in the past and are also found at present in the Vatican right under the nose of the Pope !?! The past skeletons of the Catholic Church are being unearthed in the western countries after so many years. Likewise, if we dig the graves of the the Catholic Church in India, we will find many more skeletons.
Who is the real culprit? To me, it is the Church authorities and the authorized bodies such as CBCI, CCBI, CRI and other Agencies/Forums etc. who bury many “criminal cases” in the graves. “Birds of the same feather flock together”. So, those who violate the Vows get together, eat, drink and make merry like the Charvaka Tribe. Unholy people under the holy robes!!!
So, all MAD people like you and me have to say a modified prayer: “Father, forgive them for they do everything knowingly”.
Thank you Chotebhai for your well written article. From the responses above it is clear that every effort is made by the supporters of F.Franco to create their own narratives to tarnish the name of the survivor even if they are false. Like the one about the involvement of the cousin, which has been debunked not only by the police, but the woman who created that story retracted it in court, admitting that she was coerced to tell a lie. Being familiar with the new rape laws, many top criminal lawyers have examined the judgement and poked holes in it. I believe that the truth will be revealed one day. If the Church authorities do not act immediately, waiting could do a lot more damage not only to the image of the Church in Indian society, but the credibility of the bishops as leaders will take a severe beating.
Chhotebhai you have spoken so respectfully about the victim. Most men have belittled her and further crucified her. Thank you for your hard hitting yet absorbing article.
Thank you Chhotebhai for this article. I don’t dare to judge who is the real victim- the nun or the bishop. But when you had the judgment paper with you, you should have at least read it before you wrote such a one sided article. I hope you have heard about the complaint by the nun’s own cousin regarding her character. Now, who is the real victim?
The truth is, EVERYBODY involved in the sordid drama, from raped and rapist to writers and lawyers seems to be behaving as though the District & Sessions Court is the end-of-the-road court and so just grumbling, crying, accusing and judging with alacrity. Its a matter of time before we begin to lose count of the number of days since the attrocious verdict with NOBODY but NOBODY really serious about doing anything per se to obtain a reversal of the verdict and the situation. In the meantime there continues to be further exposure of the besharamgiri that continues to unfold with aplomb. In the process, from becoming MAD, we are all gonna become insane with hilarity as we witness someone pick up the threads and weave a FACT-IS-STRANGER-THAN-FICTION kind of a script for a movie that EVERYBODY across the sub-continent – whether BAD, SAD or GLAD – will be waiting to view regardless of whether it TITILLATES or FIBRILLATES. Amen!
When we really do not know or can not know what has infact happened between the four walls which I call ‘ a mystery between the closed four walls’ all of us tend to become judges to condemn or make statements from different angles, mostly one sided, lopsided, victim/ accused- sided.
It is true the nun has been affected. When I look at the full episode as a whole I wonder if she can be still called a rape survivor or victim of rape, though Chottebhai has expressed his view on it.
Has she not made of him(Franco) a victim too, who has been going through humiliations as a bishop and all taunting and allegations!!
As the article states they seem to have fallen out of love, for reasons they only know.
It is a must that Church authorities now take right action without much delay. Justice must be done, truth must prevail without any discrimination.
Well elaborated, Chottebhai! As long as the somebodies have the money and the power, the nobodies will continue to get screwed and we will all remain mad! The church now has a moral responsibility to take Frankenstein’s own admission of consensual sex and strip him all canonical authority as well as his right to remain a Catholic priest. He needs to be defrocked to set an example that at least the Church respects it’s own laws. The law of the land should be followed by appealing against this judgement to prove that the monster is just as we all know what he is!
Many were shocked and surprised on the judgement. No woman and that to a nun raising the issue and compliant is really eye opener. Complaining not only impact her as nun, but also physical, mental, pshycological and spiritual. Still she raising and complaining shows the deep rooted pain.
The catholic Church and it’s leaders are only interested in making and building there own kingdom. Just wondering how these guys stand in the alter and preach…..
Will any action happen !!
Power and money can by dead, why not justice.
A well written article by chhotebhai.
Whether the judgement is flawed is not for me to say. It will be determined by appeal Court. Victim and her friends have said that they will appeal.
It is going to be a long drawn out process of the order of Sr. Abhaya murder case where it took 28 years to put a priest behind bars. A difference between the two cases is that the accused in Abhaya case consistently denied visiting the convent for sex. In the Franco case no such denial was advanced. Franco visited the convent and had sex. Franco claims no rape but sex by mutual understanding. From a legal point of view Franco can’t be punished if rape claim failed.
The issue is not one of Law from now on for the Catholic Church. . It is the sanctity of moral standards that Catholic Church attaches to priesthood. Clearly Franco has to be punished by Vatican through the immediate cancellation of his priesthood. This has nothing to do with his winning the case recently or can it be predicated on the outcome of appeal.
It’s a fit case for appeal. Remedial measure suggested by the author must be implemented. The judgement is full of holes and reeks of incompetence & biase.
kudos to you dear chhotebhai for your views and reflections about the case. Indeed it has power to enlighten the zeal in common people to stand for justice and persist. However doors are open for further course of action. All we need is stand with the victims and support them. However, since the case is not closed for further action, we should not blindly conclude otherwise. The court and whole trial was not conducted in vain. Since it was in court, the Church authorities could not decide on an action against the bishop. In fact no, authorities would take a decision without reaching to proper facts without adequate investigation, neither should we. I think we should keep fighting for justice without passing any judgment on our own, whether bishop is guilty or not, or the the nun is victim or not. Let’s discover the truth persistently.
Respected Chhotebhai. You have written well and hit the NAIL on the right spot. Three Cheers to you for doing this. How much our Blood Boils reading this news where the Nun is let down by this wrong Judgement, but at the same time we all know the Truth “MONEY TALKS and BULLSHIT walks”
You have said we should write to the Nuncio, the CBCI President, and Apostolic Administrator of Jalandhar diocese. Does it make any difference to them? They are living at our cost, with the Sunday COLLECTIONS and the Donations that they get from us.
Obviously, the judgement has not gone down well with some people.
They do not bother even to go through the judgement which was passed after a lengthy trial of 105 days with 39 witnesses being examined and 122 documents produced before the court. No matter what the judge has to say, they are very sure that Bishop Franco is guilty. They even accuse the judge of bribery and want his property details checked.
When the trial began, Bishop Franco requested the Vatican to relieve him temporarily of his pastoral responsibilities. Having been acquitted by the court, he now deserves to be reinstated as the Bishop of Jalandhar without delay.