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GOVERNANCE OF PRIESTS AND RELIGIOUS A GUIDE TO HANDLE CONFLICT SITUATIONS

This book, titled, ‘ Governance of Priests and Religious: A Guide to Handle Conflict Situations’ is written against the backdrop of the recent scandals, and happenings in the Church, with the aim to enable us to have a proper understanding of the human persons/her dignity as a child of God, his/her human rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution and embodied in the International Covenants and enforceable by the courts in India. The fundamental freedoms and human dignity they encompass, what are known as civil, cultural, economic, political rights and with the relationship between the individual and the State. But how far has the issue of human rights gained recognition in the Church, more particularly among the clergy and the religious? What is the position of the rights of a human person in the Church? Do vested interests, powers, traditions, structures, hierarchy, erode and eclipse them? Or do the Church look for a settlement of such issues? What is the legal position in India in relation to issues of civil nature’? What do the courts in I ndia say regarding such issues? How to cope with the above instances and find amicable solutions? These and more are dealt with in this book.

Sr. Mary Scaria is a religious sister belonging to the Congregation of the Sisters of Charity of Jesus and Mary (SCJM). Enrolled in 1995, she is a practicing advocate in the Supreme Court of India. Besides her LLB, from ILS College, Pune University, she also holds a diploma in LL & LW from the same University and PGD in Advanced Human Rights and Humanitarian Law, from Raol Wallenberg Institute, Sweden. She was invited to participate in an international consultation on the ‘Peace Building’ a Training Manual by the Caritas Intemationlis in Rome in 2001, and is a contributor to the same. She represented India in an International conference for the practicing lawyers held at Stockholm in January, 2010. She also has worked as the Secretary to the Justice and Peace Commission of the Archdiocese of Delhi. At present she the Secretary to the Law Committee, Catholic Bishops’ Conference of India (CBCI). She is also a member in the Advisory Group of the National Advisory Council, Government of India for redrafting the Communal Violence Bill, 2009. She is a registered member of International Council of Jurists.

CONTENTS
PREFACE
Acknowledgement
Part – 1
governance of priests and religious: conflict situations and how to handle
(a helpful guide)
CHAPTER-I
1. INTRODUCTION
1.1.1. RELEVANT CASE LAWS
1. St. Anthony’s College v Paul, Petta
The right to be heard as a fundamental right
1.1.2. NATURAL JUSTICE
1.1.3. The situation would have been Different
1.1.4.Rights arising from the basic principle of natural justice
1.1.5. Position in India
1 .1.6. Natural Justice a secular spiritual touch
1.1.7. The main principles of natural justice
(1) Nobody should be a judge in his/her own case
(nemo judex in sua causa)
The second principle-.
(2) Audi Alteram Partem (Hear the other party)
b. hear the other side-Audi Alteram Partem..
1.1.8. While considering the Audi Alteram Partem rule
it was observed that:.
1.1.9. No strait jacket formula could be found
1.1.10. Expanding the principles of natural justice
1.1.11. Natural Justice is a great humanizing principle.
1.1.12. Ihe soul of natural justice is fair play in action
1.1.13. Natural justice is another name for commonsense justice
4.4.1 5. Protection of Rights in the Church
5.THE CIVIL RIGHTS
5.5.1. The meaning of civil rights
5.5.2. Public and Private Autonomy
5.5.3. The two historical classification of law.
5.5.4. Legal issues that brought the larger family of civil law
5.5.5. The scction under civil code that deals with civil rights
5.5.6 The explanations
5.5.7. The expression civil nature
5.5.8. The Supreme Court’s observation
5.5.9. Position of religious right of civil nature
5.5.10.The dispute about the religious office.
5.5.11. The position of religious and priests rights.
5.5.12. The position of rights arising out of specific contracts
5.5M 3. The concept of dedication and civil rights
6. THE RELIGIOUS/PRIESTS AND THEIR RIGHTS
6.6.1. The rights of the religious and priests
6.6.2. Fundamental right as basic human rights.
6.6.3. The universally accepted legal principle..
6.6.4. Natural justice in dealing with priests and religious
6.6.5. Promotion of Civil Rights and Obligations in the Church.
7. LAW OF CONTRACT
7.7.1. Introduction
7.7.2. The public perception of contracts
7.7.3. Position of Contractual Rights under canon law.
7.7-4. Definition of Contract
7.7.5. Agreement comes into existence.
7.7.6. Object and Scope
7.7.8. The object of the law of contract..
7.7.9. The position of contract under the law.
7.7.10.A legally enforceable contract ..
7.7.1 1. An agreement is said to be reached
7.7.12. The necessity capacity to contract.
8. CONTRACT FORMATION
8.8.1. . The Essential Elements of.a Contract
8.8.2. Considerations and objects are lawful..
8.8.3. The agreements are contracts ..
8.8.4. The protection of civil rights of the religious..

8.8.5. Advisable to have a written contract with the respective religious authorities.