Kerala Church Dispute: HC Records Proposal for State-Led Mediation

The Kerala High Court has recorded the State Government’s proposal to initiate mediation at the highest level between the Orthodox and Jacobite factions of the Malankara Church to resolve their long-standing disputes. The proposal followed a query from a Division Bench comprising Justices AK Jayasankaran Nambiar and Preetha AK on whether the State could take proactive steps to end the continuing strife between the two factions. Responding to the Court, the Government said Chief Minister V.D. Satheesan had personally taken up the matter and that it would initiate discussions with the denominational heads of both factions to bring them to the table for an amicable settlement.

The Court noted that despite resolving legal disputes between the factions, their differing perspectives on spiritual and temporal issues were likely to continue, with the dispute repeatedly giving rise to law-and-order concerns. While emphasising that the State should ordinarily exercise restraint and maintain neutrality in religious matters, the Bench observed that where such disputes lead to law-and-order situations affecting the public at large, it becomes the duty of the State to intervene through mediation or conciliation, with executive action or legislation considered only as a last resort to secure lasting peace and social order.

The Government told the Court that it would endeavour to secure the participation of both factions in the mediation process and that any settlement reached would be placed before the High Court. Significantly, the proposed process is not confined to the disputes concerning the six churches involved in the seven appeals before the Court; the Government expressed hope that mediation could help resolve the long-standing differences across the Malankara Church as a whole. Recording the Government’s statement and expressing hope that the proposed measures would yield effective results, the High Court closed the seven writ appeals.