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The bench of Justice PV Asha admitted the writ petition submitted by The Malankara Orthodox Syrian Church who had approached the High Court of Kerala to challenge the provisions of The Kerala Right to Burial of Corpse in Christian (Malankara Orthodox Jacobite) Cemeteries Act, 2020, which are not under the control of the orthodox faction. The act is meant to provide for the burial of corpses and funeral services of Christians belonging to Malankara Orthodox-Jacobite denominations and for matters connected therewith or incidental thereto.
According to the petitioners H.H. Mar Baselios Marthoma Paulose II, Catholicos of the East and Malankara Metropolitan, Malankara Orthodox Syrian Church, Kottayam, and Biju Oommen, secretary, managing committee, Malankara Syrian Christian Association, the act is a violation of the Supreme Court judgment from 2017 (KS Varghese Vs. St. Peter’s and St. Paul’s Church).
The act has a total of 8 sections. Under Section 3 of the act, all the family members belonging to the same parish (a group of Christian families having a church or prayer hall for its members to offer worship) shall have the right to be buried in the cemetery where their ancestors were buried and the relatives of the deceased person may choose to hold the funeral service in the church or its cemetery or any other preferred location with a priest of their choice.
Section 4 of the act states the penalty for violating the provisions of Section 3. Prevention of burial of corpse by going against the act shall lead to a term of imprisonment that may last up to a year or a fine of up to ten thousand rupees or both. The offences shall be cognizable, available, and compoundable.
The orthodox faction claims that nobody can claim the right to be buried in the cemeteries of the Malankara church if she or he does not believe in the church's faith.
The act was passed by the state legislative assembly of Kerala last year in February.
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