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Sangath, www.sangath.com, is looking to build a centre for services, training 
and research and seeks to buy approx 1500 to 2000 sq mtrs land betweeen Mapusa 
and Bambolim and surrounding rural areas. Please contact: contac...@sangath.com 
or yvo...@sangath.com or ph+91-9881499458
http://lists.goanet.org/pipermail/goanet-goanet.org/2009-July/180028.html

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Catholics Seek Law To Govern Church Properties

By SAR NEWS

PANAJI, Goa (SAR NEWS) -- A section of the Catholic laity, including
intellectuals from across the country, have demanded a
government-enacted legislation to govern properties owned and managed
by the Roman Catholic Church in India.

The demand basically stems from an apprehension among the Christians
of the lack of transparency in the management of assets owned by the
Church.

Delivering a lecture on ‘Should there be a law to protect the
properties of the Church’, organised here July 29 by the All India
Catholic Union (AICU), former Supreme Court Justice K.T. Thomas said
the Catholic Church’s hesitation to accept enactment of a law for
administering their properties was due a fear that a provision for
judicial scrutiny would likely expose its expenses and the magnitude
of wealth it possesses.

“I would say that those who resist any such law could have the
sinister motive of misusing the funds and wealth of the religious
denominations,” he said, urging the different denominations of the
Church to demand such a law.

Former Union minister of State for External Affairs and commissioner
of the Goa Non-Resident Indians (NRI) cell, Eduardo Faleiro, said that
the Goa legislative Assembly was empowered to enact the much- needed
legislation, which would enable greater transparency in the
administrative and monetary matters of the Church.

“The legislative Assembly is competent to enact a new law as it is
within the legislative power granted to it by the concurrent list in
the Seventh Schedule of the Indian Constitution,” Faleiro said, adding
that the new law could be worked out in consultation with the Catholic
Church in Goa.

He said the existing law in Goa regulating the relations between the
Church and the state should be modified for the same reasons and
extent, as it was modified in Portugal. The present law, which
regulates relations between the Church and the state as well as
administration of the Church properties was created by the concordata
or a treaty signed between the Holy See (Vatican) and the Portuguese
government in 1940, Faleiro said.

He said this law was enacted during the Salazar dictatorship and had
been repealed in Portugal on the ground that it was unconstitutional
and violated the democratic Constitution that came into force in
Portugal in 1974 after the Salazar regime.

Remy Denis, president of the AICU, which represents the Catholic laity
through the 120 dioceses nationwide, said questions were being raised
about the Church’s management of its properties.

“We all revere the bishop as our guide on matters of faith and morals,
but not in matters of property,” he said, adding that his views were
not representative of the AICU.

He said the Roman Catholic Church in India presently had five times
the number of priests as compared to the rest of the world, its budget
equivalent to that of the Indian Navy.  “It is the second largest
employer after the government of India,” Denis said.

Meanwhile, an AICU press release said that there were laws governing
other major religions in the country such as the Hindu Endowments Act,
the Wafk Board Act and the Sikh Gurudwara Act.

* * *

SAR NEWS COMMENTARY

‘I Disagree’

By John Dayal, SAR NEWS

I am responding as the Immediate Past President of the All India Catholic Union.

The comments made by various persons at the AICU seminar in Goa – a
judge, politician or the mathematician-president of AICU, seem to have
been made out of the speakers’ individual areas of knowledge or
ignorance of the much larger reality of the state of Christianity in
India and the background of the Wakf phenomenon in Islam. This is not
surprising because of the cocooned Christianity in Goa – leading from
its history under the Portuguese and the class distinctions in that
state.

Let me take up the issues one by one. I entirely disagree with the
statement that the people of the church, the laity, have no faith in
the bishops when it comes to property. I have some expertise in this
area as once, after leaving journalism, I worked for the Baptist
Mission Society of London and came across both incidents of honesty
and rank corruption in the church in India where property was
concerned – and lay persons were often more guilty than church
leaders, though a handful of bishops, Protestant and Catholic, were
prima facie guilty of corruption. Prof. Remy Denis’ statement must
come out of his experience, and is not based on the larger situation
in India, nor is his opinion of bishops shared by the larger
membership of the AICU. Laity-bishop relationships are government by
the Canon Law and the decisions of the Second Vatican Council.

The issue of Church property is complex. Church buildings are one set
of properties, institutions are another. In recent years, both are
essentially owned by Church trusts, societies or companies registered
under the laws of the land. Most of the properties after 1947 have
been bought by these societies out of their own money or monies
collected from the people in India or abroad through donations coming
via the FCRA and Indian Income tax law checkpoints. My own experience
is that the Catholic Church and some Pentecostal and Evangelical
Churches are buying property and not selling it, as is the case in
some CSI and CNI Churches.

Churches sell a part of the property sometimes to start institutions,
or make use of rising prices of urban property to exchange it for
larger acres at lower rates in the suburbs to run bigger institutions.

The matter of Wakf has nothing to do with Christianity, or even with
Hinduism. Wakf comes out of Islamic theological premises which impose
religious pressure on individuals to donate money and property to the
faith, and people who die intestate or without a will ensure that the
property goes to the community through the institution of the Wakf.

In the olden days, this ensured large mosques and serais, orphanages
and educational institutions. The Indian government brought them under
government control, posted administrative officers and introduced
massive corruption. Now, Wakf is known for government-sponsored
corruption and red tape. One of Delhi’s biggest private sectors’,
Hindu-controlled hotel is built on a Wakf property.

Well-minded but ignorant Christians have in the past often tried to
impose some sort of a Wakf on the Church properties. One attempt was
when an Anglo-Indian member introduced a bill in Andhra Pradesh. The
other was in Madhya Pradesh. A vigilant Church, including laity,
ensured that these steps were not taken to fruition.

What the Indian Church needs is a vigilant laity and committed clergy.
All Incidents of Corruption or illegal land transactions can be
handled through existing laws. This will leave the Church to manage
its landed heritage for the welfare of the community and the Indians
at large.

SOURCE: SAR News. Editor-in-Chief & Managing Director: Adolf
Washington. Barrett Bhavan, SAR News, 2/5, 4th Cross, Vivekananda
Nagar, M.S Nagar P.O Bangalore – 560 033, INDIA. Tel : 91-08-25482480.
Fax : 91-80-25476706

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