ECCLESIASTICAL LEGISLATIONS FOR THE PROTECTION OF MINORS AND VULNERABLE PERSONS AGAINST SEXUAL ABUSE AND THEIR IMPLEMENTATION IN INDIAN CHURCH
DEVELOPMENTS AND LIMITATIONS
Sexual violence against minors is a heinous crime against humanity. The Indian Church along with Universal Church declares zero tolerance to this evil as graviora delicta. Measures to handle such cases sometimes become a failure because of ineffective implementation of the legislation. In this context, the article discusses the developments of ecclesiastical legislations for protection of minors and vulnerable adults and their limitations. The article is divided into five parts: The first part is a terminological explanations of Sexual Abuse of Minors in India; the second part explains the major Ecclesiastical Legislation by the Universal Church; the third part expounds the promulgations of the Indian Church in this regard; the fourth part discusses the limitations and failures of the Indian Church in implementing the guidelines and legislations of the universal and local ecclesiastical bodies; and the last part proposes a few recommendations for effective protection of minors and vulnerable persons in the Indian Church.
“Daughter, A Priest Has a Human Body and Temptations: Kerala’s Church-Backed Magazine Victim-Shames Minor,” HuffPost News, 06 March 2017, https://www.huffingtonpost.in/2017/03/05/daughter-a-priest-has-a-human-body-and-temptationskeralas.
“Editorial, Rising Finger against Priest,” Sunday Shalom, 02 March 2017.
Andrea Tornielli, “New Norms for the Whole Church against Those who Abuse or Cover up,” L’Osservatore Romano, no. 9 (10 May 2019).
Apostolic Letter to the Indian Bishops (28 May 1987).
Augustine Mendonca, “The Effects of Child Abuse /Neglect on Marital Consent,” Canonical Studies 26 (October 2012).
Benedict XVI, Pastoral Letter to the Catholics of Ireland, 19 March 2010.
Catholic Bishop Conference of India, CBCI Office for Labour Report 2016-18, New Delhi: CBCI Office for Labour, 2018.
Catholic Bishops Conference of India, “Report of the CBCI General Body Meeting, 13-21 February 1996,” New Delhi: CBCI, 1996.
Catholic Bishops Conference of India, Gender Policy of the Catholic Church of India, 2010, New Delhi: CBCI Commission for Women, 2009.
Catholic Bishops Conference of India, Procedural Norms for Dealing with Cases Involving Abuses of Minors 2015, Kochi: KCBC, 2018.
Catholic Bishops Conference of India, Procedural Norms for Dealing with Cases Involving Abuses of Minors, 2015.
CBCI Guidelines to Deal with Sexual Harassment at Workplace 2017.
Charles G. Wrenn, “Prescription and Derogation from Prescription in Sexual Abuse of Minors,” The Jurist 67, 2 (2007).
Charles Jude Scicluna, “Taking Responsibility for Processing Cases of Sexual Abuse Crisis and for Prevention of Abuse,” Paper presented at the meeting on Protection of the Minors in the Church, Vatican (21 February 2019).
Children in India: 2018, Central Statistics Office Ministry of Statistics and Programme Implementation, New Delhi: Government of India Publication, 2018.
Codex Iuris Canonici, Pii X Pontificis Maximi iussu digestus, Benedicti Papæ XV auctoritate promulgates, AAS 9, pars 2 (1917) 5-521. English trans., The 1917 Pio-Benedictine Code of Canon Law: In English Translation with Extensive Scholarly Apparatus, Edward N. Peters, Curator, San Francisco: Ignatius Press, 2001.
Congregation for the Doctrine Faith, Circular Letter to Assist Episcopal Conferences in Developing Guidelines for Dealing with Cases of Sexual Abuses of Minors Perpetrated by Clerics, 3 May 2011, Introduction, AAS 103 (2011) 406-412.
Congregation for the Doctrine of the Faith, Glossary of Terms, accessed 27 June 2020, http://www.vatican.va/resources/resources_glossary-terms_en.html.
Congregation for the Doctrine of the Faith, On More Grave Delicts Reserved to the Same Congregation for the Doctrine of the Faith, 18 May 2001, AAS 93 (2001) 528-531.
Congregation for the Doctrine of the Faith, Procedures and Practices at the Congregation for the Doctrine of the Faith for Grave Offenses, 2004, art. 4(a), AAS 96 (2004) 671-687.
Dennis Sadowski, “Bishops Hear that Third-party Reporting System may Start in February,” Catholic News Service, 14 November 2019, accessed 30 January 2020, https://cruxnow.com/church-in-the-usa/2019/11/bishops-hear-that-third-party-reporting-system-may-start-in-february/
Digital Press Kit for the Meeting on the Protection of Minors 21-24 February 2019, Holy See Press Office (21 March 2019).
Donald D’Souza, ed., Final Statement of the General Body Meetings of CBCI, 1966- 2002, New Delhi: CBCI, 2002.
Francis Considine, “Justice and Equity in Cases of Sexual Misconduct Involving Priests,” Philipine Canonical Forum 4 (January-December 2002).
Francis, Motu Proprio, Come una madre amorevole (As a Loving Mother), 4 June 2016, Introduction, AAS 108 (2016).
Francis, Motu Proprio, Come una madre amorevole.
Francis, Motu Proprio, Vos estis Lux Mundi, 7 May 2019, art. 1 §1 B, L’Osservatore Romano, no. 19 (10 May 2019).
Francis, Motu Proprio, Vos estis Lux Mundi, 7 May 2019, art. 1 §1, L’Osservatore Romano, no. 19 (10 May 2019).
Francis, Rescriptum ex Audientia Ss.Mi, 3 December 2019, art.1, L’Osservatore Romano, no. 51-52 (20-27 December 2019).
George Nedunagtt, ed., A Guide to the Eastern Code, Kanonika 10, Rome: Pontificio Instituto Orientale, 2002.
Historical Introduction to the Norms of the Motu Proprio “Sacramentorum Sanctitatis Tutela” (2001).
John Paul II, Address to the Cardinals of the United States, 23 April 2002.
John Paul II, Post-Synodal Apostolic Exhortation, Christifideles Laici (30 December 1988), n. 51, AAS 81 (1989) 393-521.
KCBC Guidelines for Safe Environment Programme for Church Personal.
Kerala government sacked Fr Thomas Joseph Therakam chairman of the Wyanad Child Welfare Committee (CWC), for allegedly helping to cover up the incident of Kottiyoor case, accessed 13 January 2020, https://www.thenewsminute.com/article/kerala-priest-rape-case-mananthavady-archdiocese-spokesperson-sacked.
Luis Antonio G. Cardinal Tagle, “The Smell of the Sheep: Knowing their Pain and Healing their Wounds is at the Core of the Shepherd’s Task,” Paper presented at the meeting on Protection of the Minors in the Church, Vatican (22 February 2019).
Mark L. Bartchak, “Child Pornography and the Grave Delict of an Offence against the Sixth Commandment of the Decalogue Committed by a Cleric with Minor,” Periodica 99, 100 (2011).
Ministry of Women and Child Development, Childline and POCSO e-Box Information, New Delhi: Press Information Bureau, 2018.
Normae de Gravioribus Delictis, 2010.
Pontifical Commission for the Protection of Minors, Statutes, 8 May 2015, art. 1 §§1-2, L’Osservatore Romano, no. 20 (15 May 2015).
Pope Francis, Chirograph, 22 March 2014, L’Osservatore Romano, no. 20 (5 May 2015).
Ragamalika Karthikeyan, Exclusive: Kerala Catholic Body’s Bizarre Justification, Says Consumerism Led to Rape by Priest, The New Minutes, 3 March 2017.
Sibnath Deb and Aparna Mukherjee, Impact of Sexual Abuse on Mental Health of Children, New Delhi: Concept Publishing Company, 2009.
The Planning Commission of Government of India, “Report of the Working Group on Child Rights for the 12th Five Year Plan, 2012-2017, New Delhi: Government of India, 2012.
The Supreme and Holy Congregation of the Holy Office, Instruction, de Modo Procedendi in Causis de Crimine Sollicitationis, 16 March 1962, Rome: The Vatican Press, 1962, 1-61.
Thomas J. Green, “Sacramentorum Sanctitatis Tutela: Reflection,” The Jurist 71, 1 (2011) 140-144.
Thomas P. Doyle, “The Canonical Rights of Priests Accused of Sexual Abuse,” Studia Canonica 24, 2 (1990).
Varghese Kunnath, “The Savage Sex Culture,” The New Leader 126 (May 2013).
William H. Woestman, “Sexual Abuse of Minors as an Irregularity for Orders. A Magic Bullet?” Studia Canonica 40, 1 (2006).
World Health Organisation, “Sexual Violence: Prevalence, Dynamics and Consequences,” Guidelines for Medico-Legal Care for Victims of Sexual Violence, Geneva: World Health Organisation, 2003.