THE CONSTITUTION. OF THE. MALANKARA ORTHODOX SYRIAN CHURCH

THE CONSTITUTION. OF THE. MALANKARA ORTHODOX SYRIAN CHURCH 

you'd like to explore specific details of the Constitution, you can find it online through sources like the official website of the Malankara Orthodox Syrian Church https://ocymonline.org/documents/MOSC-Constitution.pdf.

what is state  about the internal issue of church

The Constitution of the Malankara Orthodox Syrian Church (MOSC) affirms the autonomy of the church while maintaining a spiritual connection to the Patriarch of Antioch. Here's a breakdown of some key points:

Autonomy and Autocephaly: The Constitution enshrines the MOSC's right to self-governance. It emphasizes the church's independence in managing its internal affairs.

Episcopal Structure: The document establishes an Episcopal church structure, with the Episcopal Synod led by the Catholicos as the apex decision-making body.

Lay Representation: While the church follows an Episcopal model, the Constitution acknowledges the rights and involvement of laypeople through bodies like Parish Managing Committees and Diocesan General Body.

The Constitution doesn't delve into specific theological matters, but it provides a framework for resolving internal administrative issues within the MOSC through defined structures and processes.

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Does  family tomb is a church  property  or  church member who gas paid money to purchase  that space

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Family tombs in the context of the Malankara Orthodox Syrian Church (MOSC) are likely considered church property with usage rights granted to the purchasing family. Here's a breakdown of the typical arrangement:

Church Owns the Land: The church likely owns the entire cemetery grounds, including the space for family tombs.

Family Purchases Usage Rights: Families purchase the exclusive right to bury their deceased members in a designated plot within the cemetery. This is often referred to as an "Exclusive Right of Burial" or a similar term.

Not Full Ownership: It's important to understand that this purchase typically isn't akin to buying a piece of land in perpetuity. It's more like a long-term lease for burial purposes.

Here's an analogy: Think of it like renting an apartment. You have the exclusive right to live there, but you don't own the building itself. The church retains ownership of the land, while the family holds the right to use a specific space for burials.

Recommendations:

To get definitive information about family tomb ownership in the MOSC, it's advisable to consult directly with the church authorities. They can provide details on the specific terms and conditions associated with purchasing a family tomb plot.

You can also inquire about any official documents like a Deed of Grant or Exclusive Right of Burial agreement that outlines the ownership and usage rights.

In India, there is no specific law prohibiting church disputes from being settled in court.

In India, there is no specific law prohibiting church disputes from being settled in court. However, courts generally prefer that internal mechanisms for resolving disputes within religious organizations be exhausted before resorting to litigation.

Here's some information that might be helpful:

• Church Autonomy: Churches in India have autonomy to manage their internal affairs. This means that civil courts will generally not interfere in matters of religious doctrine or practice.

• Canon Law: Most churches have their own internal legal system (canon law) for resolving disputes among members. It is recommended that the member exhaust these internal remedies before going to court.

• Civil Courts as Last Resort: If internal remedies are unsuccessful, then a church member can approach civil courts. However, courts may try to promote reconciliation between the parties before proceeding with the case.

That's exactly right. Canon law is the internal legal system of the Catholic Church and many other Christian denominations. It outlines procedures for resolving disputes among church members, clergy, and church institutions.

In the situation you described, where a church member is unhappy with a committee's decision, canon law would likely recommend the following steps before resorting to civil court:

1. Informal Discussion: The member could try to discuss the issue directly with the committee or a higher church authority in a respectful and constructive manner.
2. Formal Complaint: If the informal discussion doesn't resolve the issue, the member could file a formal complaint following the canon law procedures outlined by their specific church. This might involve submitting a written complaint to a designated official within the church hierarchy.
3. Mediation or Arbitration: Canon law often emphasizes reconciliation and may offer options for mediation or arbitration, where a neutral third party helps the parties reach an agreement.

Exhaustion of Remedies:

It's important to note that most courts will expect a church member to exhaust all internal remedies established by canon law before bringing the case to civil court. This demonstrates that the member has attempted to resolve the issue within the church structure first.

You're absolutely correct. That's the key takeaway. In India, there's no law specifically barring church disputes from reaching court.

However, the legal system generally encourages exhausting internal church mechanisms for resolving issues before resorting to litigation. Here's a breakdown of the situation:

• Church Autonomy: Churches in India have the freedom to manage their internal affairs, including religious doctrines and practices. Courts typically stay out of these matters.
• Canon Law: Most churches have their own internal legal system (canon law) designed to address disputes among members. It's recommended that members utilize these internal remedies before going to court. This demonstrates good faith and a willingness to find a solution within the church framework.
• Civil Courts as Last Resort: If internal remedies fail to resolve the issue, then a church member can approach civil courts. However, even at this stage, courts might attempt to promote reconciliation between the parties before proceeding with the case.

While there isn't one single case law that perfectly encapsulates church autonomy in India, there are a few landmark judgements that highlight this principle. Here are some examples:

• Commissioner, Hindu Religious Endowments Board v. Swami Lakshmindra Thirtha [1954] SCR 1005: This case established that courts will not interfere in matters of religious practices or beliefs.

• Sarvepalli Radhakrishnan & Ors. v. State of Madras [1967] 2 SCR 895: This judgement reiterated the importance of religious denominations managing their own affairs and courts being hesitant to intervene in internal matters.

It's important to remember that these are just a couple of examples, and the specific details of a case will determine how much weight a court gives to church autonomy.

Here are some additional points to consider:

• Public Order and Morality: Even with autonomy, courts can intervene if a religious practice disrupts public order or violates morality.

• Property Disputes: While courts might not get involved in internal religious matters, they can adjudicate property disputes involving churches.

• Fundamental Rights: If a church's actions violate a member's fundamental rights enshrined in the Indian Constitution, the court might intervene.

shifting to a senior citizens colony

A lady (85 yrs old), is thinking of leaving Mumbai and shifting to a senior citizens colony near Pune. Her husband passed away many years ago. 

She educated and married her three daughters who are now US citizens. They have two kids each of who is now in High School/College. The lady herself travelled to the US many times on her own. She lived there for six months or more, on six occasions, when her daughters delivered babies.

The other day, she became emotional and disclosed her plan to settle for assisted living in an old age home in Pune and that she had no intention to go back to the US for reasons of her own. 

One can feel her emotions very strongly, as all of us may have to face the same dilema in our sunset years too.

Please read the Article below. The lady was feeling the same way as the author of the Article, who has written this beautiful piece.

This Article on the internet has caused many to reflect on their own lives. The author is a retired writer, and she expressed her emotions when she was about to go to a nursing home herself. Read on.👇👇

*Relocating to a Nursing Home.* 

(in Western Countries, Retirement Homes are called Nursing Homes)

I'm going to a nursing home. I have to. When life gets to where you are, and you are no longer able to take care of yourself completely, your children are busy at work and have to take care of their children and have no time to take care of you, this seems to be the only way out.

The nursing home is in good condition, with clean single rooms equipped with simple and practical electrical appliances. All kinds of entertainment facilities are complete, the food is fairly delicious, the service is also very good. The environment is also very beautiful, but the price is not cheap.

My pension is poorly able to support this. But I have my own house. If I sell it, then the money is not a problem. I can spend it on retirement, and the rest will be left as an inheritance for my son. 

The son understands very well : "your money and your property should be enjoyed by you mom, don't worry about us." Now I have to consider preparing to go to a nursing home.

As the saying goes : Breaking a family is worth tens of thousands, which refers to many things. Boxes, bags, cabinets, and drawers are filled with all kinds of daily necessities: clothing for all weathers and beddings for all seasons.

I like to collect. I have collected a lot of stamps. I have also hundreds of purple clay teapots. There are many small collections, and such small items as pendants of emerald and walnut amber, and two small yellow croakers. 

I am especially fond of books. The bookshelves on the wall are full.

There are also dozens of bottles of good foreign wine. There are full sets of household appliances; various cooking utensils, pots and pans, rice, oil, salt, noodles, flour, spices, various seasonings the kitchen is also full. There are also dozens and dozens of photo albums..., looking at the house full of things, I'm worried!

The nursing home has only one room with a cabinet, a table, a bed, a sofa, a refrigerator, a washing machine, a TV, an induction cooker and a microwave oven -- all the things I will need. 

There is no place to store the wealth that I have accumulated throughout my life.

At this moment, I suddenly feel that my so-called wealth is superfluous, and it doesn't belong to me. I just take a look at it, play with it, use it. It belongs to this world. The wealth that comes in turns is just passing by. 

Whose palace is the Forbidden City? The Emperor thought it belonged to him, but today it belongs to the people and society.

You look at these, you play with these, you use these but you can't take them with you in death.

I want to donate the things in my house, but I can’t get it done. To deal with it has now become a problem. Very few children and grandchildren can appreciate what I have collected. I can imagine what it will be like when my children and grandchildren face these painstakingly accumulated treasures of mine: all the clothes and bedding will be thrown away; dozens of precious photos will be destroyed; books will be sold as scrap. Collections? If you are not interested, you will dispose of them. The mahogany furniture is not practical and will be sold at a low price.

Just like the end of the Red Mansion: only a piece of white left, so clean.

Facing with the mountain of clothes, I only picked a few favourites; I only kept a set of pots and pans for kitchen supplies, a few books that are worth reading; a handful of teapots for tea. 

Bring along my ID card, senior citizen certificate, health insurance card, household register, and of course a bank card. Enough!

It's all my belongings! I'm gone. I bid farewell to my neighbours, I knelt at the door and bowed three times and gave this home back to the world.

Yes! In life, you can only sleep in one bed, live in one room. Any more of it is merely for watching and playing!

Having lived a lifetime, people finally understand: we don’t need much. Don’t be shackled by superfluous things to be happy!

It's ridiculous to compete for fame and fortune. Life is no more than a bed.

For most of us, over 65 years of age already, shouldn’t we think carefully about how to take this last journey in life? 

*Let go of fantasies and baggage, and of those things that can't be eaten, worn or used. Most importantly.....try to remain Healthy and be Happy.*

A POST WORTH READING.

🙏😊