Franco Mullakal should face the law of the land like any other citizen: Father Geroge Pulikuthiyil

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Even as Bishop Franco Mullakal finds himself in police custody over allegations of repeatedly raping and sexually assaulting a nun, the fight is far from over, believes human rights initiative and civil society organisation Jananeethi’s founder, Father George Pulikuthiyil, who has spent 38 years within the institution of the church. He bats for the accused to face legal consequences much like an ordinary citizen of the country even as he argues that major political parties have been conspicuously silent because of Mullakal’s monetary power.  

Father George Pulikuthiyil

T he former priest George Pulikuthiyil, who founded Thrissur-based Jananeethi – Access to Justice, in 1991 as a legal aid centre which took the form of several advocacies that run for livelihood, democracy, gender, rule of law, human rights among other causes, says that in several cases, “money has replaced service” within the institution of the church.

In an exclusive interview to Delhi Post, Father Pulikuthiyil, who is also a lawyer by profession at Kerala High Court, talks about issues plaguing the institution of the church, the power dynamics within the enclosures of religious houses and various reformations that the teaching curriculum at seminaries itself needs to undergo.   

Delhi Post: Do you stand by the nun?

Father Pulikuthiyil: Of course, I stand with the nun who is the victim. I am fully aware of what has been going through the dark corridors of the religious houses. I was an ordained Catholic religious priest for 23 years and a scholastic for another 15 years. Thus, I spent the best part of my life, 38 years, within the enclosure. I got disgusted with the system. I could not get along with the authorities. So, I left the religious society in 2000. Ever since, I have been living all alone doing my free legal services to the poor and vulnerable. It does not seem conceivable for nuns to be coming out of their den and sitting in streets publicly to seek justice. This, I believe, is a great beginning. It has to be taken forward.

Religious women in Catholic Church mean cheap labour. Many of them are working in mission hospitals. But they have no appointments, no salary, no PF benefits, no gratuities, no retirement and no pension. The Missionaries of Jesus of which the victim is a member was started only in 1993. She joined in it in 1994. The total number of members is 83. They have absolutely no institution of their own, no income generating engagements like salaried jobs. They are working 24 hours in institutions owned by the bishop. And each nun is getting an allowance of Rs 500/- each month for their sustenance, travel, clothing, medicines etc. Even that was stopped to the victim from the day she raised allegations against the bishop.

Delhi Post: In light of the recent protests where the nuns stood up against the rampant sexual exploitation at the hands of the powerful at the church, what according to you led to such an outburst?

Father Pulikuthiyil: The victim has been running from pillar to post within the Church for a solution during this time. She approached several priests (including her parish priest, confessor, spiritual master etc) bishops (including the Major Archbishop of Syro Malabar Rite Cardinal Archbishop Mar George Alancherry, Bishop of Palai, Bishop of Delhi, Bishops of other dioceses) Vatican representative in India and finally directly to Pope Francis in Rome (we are not sure if the Pope has seen her letter). There was not even a single step of action from these persons to alleviate her pain.

Further, since she started refusing sexual cohabitation with the bishop in 2016, the bishop has been trying to persecute and harass her and all those who helped her in several forms – by refusing her sustenance, transferring her to out of state, making false police complaints against her and her family members etc. She decided to approach the police at such a situation because, if she hadn’t, she would have been arrested on the fabricated and fictitious complaints lodged by the bishop against her.

The four other sisters who live with her at the Kuravilangad Convent in Kerala have observed her and have directly experienced the agony and emotional sufferings of the victim. They have had great appreciation and respect towards the victim as she had been their Superior General for more than seven years.

So, these sisters have been dragged to the streets seeking justice as a last resort, fully knowing the probable consequences.

Delhi Post: What do you think should be the consequences that the perpetrator should face?

Father Pulikuthiyil: He has been accused of serious criminal charges. He should face legal consequences on par with any other ordinary citizen of the country. Moreover he is a priest and bishop in the Catholic Church. In the Catholic Church, sex, whether consensual or not, is not allowed for priests/bishops. So, if it is proved (already there are ample evidences) that he had sex with a woman, he should be dismissed from the community of bishops/priests.

Delhi Post: So where does the misuse and corruption of power in Church come from?

Father Pulikuthiyil: It is a big question. The Church stands in the name of Jesus Church. The fact is Jesus Christ is NO more present in the Church, especially after globalisation. Money has replaced Christ, the principal value for the Church is wealth and wealth only. Profit has replaced service. To understand the real state of the Church, one should check who are the close associates and companions of the Church. It is not the poor or marginalised in the society. The Church identifies itself with the richest, the corporates, those in political power, the big business houses, and the most corrupt within the Christian community itself.

The Church never follows the democratic procedure in any of its procedures. It was opposed to the Universal Declaration of Human Rights in 1948. It believes that power or authority is derived from God, not from the bottom – the people. Therefore, the hierarchy in Church is not accountable to people, they say. They are accountable to Rome only. Recently, the Major Archbishop of Syro Malabar Rite, the Cardinal Mar George Alenchery told the High Court of Kerala that he is not under the Constitution of India, he is governed by the Canon Law and Rome. The Church believes in infallibility.

The official Church in Kerala supports Mullakal, not the victim. The religious congregations in Kerala officially stand with the bishop for the simple reason that he is a bishop, no matter if he is criminal, rapist, manipulator etc. Why because, if more numbers of nuns come out in protest and start responding to the intriguing questions of the media, then dozens of similar cases will definitely come out. The authority in the Church does not want them to be exposed. In every diocese or religious congregation, there are a minimum of 10 per cent of its members who are either perpetrators or victims of sexual abuse and exploitation.

In a Catholic Church, the accused, the investigator, the judge and the executor of the judgment are one person – that is the bishop/religious superior. If the bishop/religious superior has any serious complaints against any other person, the concerned bishop/religious superior appoints a commission of his/her choice, often someone under his/her authority (if it is a bishop, his vicar general) to investigate and report. Such a commission will always report taking into account the wish and desire of the bishop/religious superior. The report will be examined, gauged and order will be passed by the bishop/religious superior and finally it will be implemented by the bishop/religious superior only. This is gross violation of natural law and natural justice.

Franco Mullakal in Police custody

Delhi Post: Can the sanctity of Church be restored? 

Father Pulikuthiyil: Not an easy task. It is very difficult to bring changes. If it was possible, Pope Francis would have done so. The Pope has very limited control over the local bishops. Each diocese is immensely rich. Bishops pacify youngsters especially to stand with them. See the example of Jalandhar diocese. The senior priests in the diocese are strongly against the bishop Mullakal, whereas the young generation of priests mostly supports the bishop. Because they are fed with money, power, and all that goes along with it like wine and women.

If any reformation has to be initiated, it has to be started from the minor and major seminaries where the priests are being formed. The entire teaching curriculum in the seminaries, the philosophy, theology, moral theology and other such subjects should undergo a change.

The Church officially teaches the authorities to speak the mind of God. They are closer to God than an ordinary believer. The higher you are in the power of the Church, the closer you are to God. The mind/will of God is revealed through the superiors – these are the dogmas being taught in the seminaries, convents and all formation houses of the Church. This is only a myth, it has no reality.

The wealth of the Church should be vested under the control of its real owners, the laity (which was the suggestion given to the Government of Kerala by the late Justice VR Krishna Iyer in a Commission Report; but the Govt. of Kerala shelved it for vote banks).

There should be an independent, pro-people, progressive body (a judicial body) in every diocese/religious congregation to deal with complaints by ordinary members against those in power of the diocese/religious congregation. The members of such a body shall not be under the jurisdiction of the local bishop or superior of the religious community. The members of such body should be conversant with civil law of the land as well as the Church laws.

The Church should return to its original charisma – Option for the poor.

Delhi Post: What should be the stand the Church and congregation should take?

Father Pulikuthiyil: Both the Church and congregation should feel guilty of persecuting and harassing the sisters. They should regret those 20 sisters who have already left the Congregation because of the sexual advances of Mullakal. The Church and Congregation should publically apologise for what has happened so far, and should see that the sisters are well protected with full freedom and respect like any other member of the Congregation. The Congregation also should apologise to the family members and financial expenses incurred by the sisters during the period for litigation and such other legal remedies should be borne by the Jalandhar diocese.

Delhi Post: Why has no one from either of the political parties come in support of the nuns or made any comments whatsoever? Except a few such as former Chief Minister, VS Achuthanandan? 

Father Pulikuthiyil: The major political parties like the Congress, the CPI(M), CPI and BJP are conspicuously silent, except a few members from all these parties visited the venue in their personal capacity. The reason is nothing else but Franco Mullakal’s money power. He has tremendous influence in all these parties. He donates to their funds heavily. He has maintained a strong relationship with these parties. When Kerala CM (Pinarayi Vijayan) visited Delhi just after his elevation as CM of the State, Franco Mulakkal was in the front of the row to receive the CM with a large bouquet. When Mullakal celebrated his silver jubilee couple of years ago at a Church in Thrissur (Ayyanthole Church) the chief guest was a Union Minister of Modi Government. Congress party will never go against the Church. They all want to impress the Church authorities that they stand for the rights of the Church. The danger is – people like Mullakal are identified as “the Church”. That’s the shame, and an insult on every believer in the Church.