06/24/2005, 00.00
INDIA
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Kerala: A religious sister is prohibited from becoming a lawyer

by Nirmala Carvalho

The religious sister presented a petition to the State High Court. For the Catholic Church, the decision of the Chamber of Advocates is a "discrimination against religion and the law itself."

Kochi (AsiaNews) – The Chamber of Advocates of the State of Kerala (south-west state in India) refused to grant a professional license to Sr Teena Jose of the Mother of Carmel Congregation in Alleppy district because "she is already taken up with religious activities".

 The religious sister, graduated in law at the Mahatma Gandhi University does not take any salary for her religious work and she presented a petition to the State High Court contesting the decision of the Chamber. Wilson Urmees, Sr Jose's lawyer, is said to be "extremely determined" to struggle to obtain justice. "Article 19 G of the Constitution guarantees that people may exercise freedom of choice to go ahead with any type of activity or trade which is not against the law. This is a clear infringement of the article."

Even the Kerala Catholic Church contested the decision which it defines as "mistaken because it confuses religious activity with a paid profession". Fr Paul Thelekkat, spokesman of the Kerala Catholic Church, said: "Clearly it is a question of discrimination on the basis of religion and in open contrast with the dictates of the constitution."

The Chamber of Advocates of Kerala has often conceded professional licenses to priests and sisters: many religious living in Kerala are lawyers. However, the Chamber stands by the decision taken in this particular case. "This has never happened before," said Sadananda Prabhu, member of the licensing committee of the Chamber of Journalists of Kerala, "and we are impartial. We say religious have committed illegal acts and we recently conceded professional licenses to two of them. In this case, it is not up to us to determine what will happen."

Should the petition submitted by Sr Jose be rejected by the High Court, the Commission will revoke the license from all religious.

In an interview with AsiaNews, Sr Merlene, legal counsellor in the Family Rights Court in Bandra, Kerala, said she was "consternated" about the news. "We work for the poor, the oppressed and for women," she said. "As opposed to many other lawyers, our work is guided by our religious and social beliefs. We are different from them." She added: "I do not ask for fees from those who have no money and who need legal help. Often we pay, even if only for bureaucratic matters. When clients pay, the money is put into a counter which is used to cover expenses for those who cannot pay. The Church does a work which is very useful to society, but it must be supported by the authorities. The number of poor people who live in the city and who need legal aid is impressive. I personally take on most cases related to women's rights and matrimony rights, but there are too many unethical lawyers for whom everything is a matter of money."

The case has upset people in Kerala state, which has a strong Christian presence – the prime minister is Christian – and it has caught media attention. The Congregation has asked the religious sister not to speak to journalists and the media are forbidden from entering the campus where she lives.

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