Kochi, August 13
The Kerala High Court has withdrawn police protection granted to Orthodox Church vicars at six churches caught in the decades-old dispute between the Orthodox and Jacobite factions.
A Division Bench comprising Justices A.K. Jayasankaran Nambiar and A.K. Preetha set aside a January 31, 2023, Single Bench order directing the police to protect Orthodox priests while they conducted services at the churches.
The ruling covers Cherukunnam, Erikinchira and Mangalam Dam churches in Palakkad district, Mukhathala church in Kollam district, and Odakkali and Kakkoor Attinkunnu churches in Ernakulam district. The Division Bench allowed appeals against the earlier order.
The court expressed hope that the State government’s attempts to resolve the dispute through dialogue would eventually succeed. It clarified that parties seeking to establish rights over the ownership and administration of church properties could approach the appropriate civil court.
The Bench said the government could intervene when religious disputes created law-and-order concerns. However, it stressed that the State should ordinarily remain neutral in religious affairs unless the fundamental or legal rights of citizens were infringed.
The government must exercise restraint while dealing with disputes involving religious institutions and give priority to peaceful settlement, the court observed. At the same time, it underlined the State’s responsibility to initiate mediation or take steps whenever such conflicts disturbed public order or affected the community.
The Orthodox-Jacobite conflict centres on control, administration and worship rights at churches across Kerala. It has triggered repeated confrontations and extensive litigation over access to places of worship, appointment of clergy and management of church assets.
Courts have issued several orders over the years governing worship and administration at disputed churches. The latest judgment shifts the immediate contest away from police-enforced access while leaving rival claims to property and administrative rights open for determination by civil courts.
