Tag: Kerala nun rape case

Nun, State File Appeals in Kerala HC Against Bishop’s Acquittal in Rape Case

The government contended that the trial court’s decision “misconstrued facts and law and gave unwarranted acquittal to the accused” and set bishop Franco Mulakkal free.

Kochi: The nun who accused Roman Catholic bishop Franco Mulakkal of rape and the Kerala government have moved the high court against his acquittal in the case by a trial court.

While the nun moved the appeal earlier this week, the prosecution moved the high court on Wednesday challenging the bishop’s acquittal after getting sanction for the same from the government during the day.

In its appeal, filed through additional public prosecutor P. Narayanan, against the trial court’s January 14, 2022 decision, the prosecution contended that the sessions judge, without appreciating the evidence in the correct perspective, “misconstrued facts and law and gave unwarranted acquittal to the accused” and set him free.

Seeking that the sessions court’s decision should be kept aside, the prosecution has also claimed that the lower court’s judgement was “patently wrong, manifestly erroneous and totally perverse”.

On January 14, the additional district and sessions court 1, Kottayam, acquitted the bishop by saying the prosecution failed to produce evidence against the accused.

Mulakkal, 57, was accused of raping the nun multiple times during his visit to a convent in this district between 2014 and 2016 when he was the bishop of the Jalandhar diocese of the Roman Catholic church. The survivor is a member of the Missionaries of Jesus, a diocesan congregation under the Jalandhar Diocese.

In her complaint to the police in June 2018, the nun alleged that she was subjected to sexual abuse by Franco Mulakkal between 2014 and 2016.

The Special Investigation Team, which probed into the case, arrested the bishop in September 2018 and charged him with wrongful confinement, rape, unnatural sex and criminal intimidation.

The trial in the case, which started in November 2019, concluded on January 10 this year. The court had restrained the print and electronic media from publishing any matter relating to the trial in the case without its permission.

Bishop’s Acquittal: ‘Prepared to Die for Justice,’ Say Nuns; ‘Praise the Lord,’ Says Mulakkal

Nuns of the Kuravilangad Convent in Kottayam have made it clear that they will challenge the acquittal of the Bishop who was charged with rape.

New Delhi: Nuns of the Kuravilangad Convent in Kottayam, National Commission for Women chairperson Rekha Sharma and others have extended support to the survivors in the aftermath of a court’s acquittal of Roman Catholic Bishop Franco Mulakkal of charges of raping a nun in a Kerala convent.

Nuns of Kuravilangad Convent where the survivor lives and who have been supporting the survivor in her fight said that the verdict will be challenged.

Sister Anupama, who was the face of the nun’s years-long fight for justice, said they would take forward the fight of their colleague.

“We will continue our stay in the convent and take forward our fight till our sister gets justice. Police and prosecution showed justice to us but we did not get the expected justice from the judiciary,” the nun told reporters.

In a broken voice, she also said the verdict gives them a message that ordinary mortals like them should never break their silence against any injustice and fight a case whatever happened to them in the life.

“Those who are wealthy and influential can do anything in this society. That is what we see around us now. We have never felt anything strange till the time of argument of the case. We believe it was sabotaged after that,” she said.

When asked whether they would be safe in the convent, she said they had never been safe there and they could not reveal many things happening inside the institution.

“The entire attempt was made to look at the sexual assault survivor in a cold and mechanical manner. There was a consistent effort to psychologically put her down,” Sandhya Raju, a lawyer who assisted the prosecution, told The News Minute.

Sister Anupama also made it clear that they were even ready to die to get justice for the survivor.

Activist-nun Sister Lucy Kalappura, who took part in the survivor’s fight for justice and was expelled from her congregation recently, said the verdict was regrettable and expressed hope that justice would be prevail at any cost in the higher court.

Extending support to the nun, National Commission for Women chairperson Rekha Sharma tweeted, “Shocked at the judgment of Kerala Addl. dist and session court. The victim nun must go to high court. NCW is with her in this fight for justice”.

‘Wrong message’

Terming the verdict as “very very unfortunate” and “unnatural”, senior IPS officer S. Harishankar, who had led the special investigation team in the rape case, said a 100% conviction was expected in the case and the verdict was a source of “astonishment” for the entire legal system of the country.

“The argument that the woman should have reacted at the time of molestation is unacceptable. An appeal will be filed in the higher court challenging this verdict. The state police chief already gave instructions in this regard and an appeal will be filed as soon as we get a copy of the verdict,” he told reporters.

Even the Supreme Court made it clear multiple times that the victim’s statement, if it is consistent and not having massive contradictions, is a satisfactory piece of evidence for conviction, he said, adding that it would give a wrong message to society and those suffering similar assaults silently.

Public prosecutor, Jithesh J. Babu, said it was a single-line judgment and could avail the details only after getting the copy of the verdict.

“We do not know what has happened. Thirty-nine witnesses have given their statements supporting the prosecution. No one has turned hostile. As many as 122 documents had been submitted and there was ample evidence. There was no lapse in anything,” he said.

He also said the verdict would be challenged in the higher court and the decision would be taken after consulting with the government and the investigators.

‘Praise the Lord’

Mulakkal, who arrived in the court to hear the verdict, burst into tears after the verdict and hugged his followers and lawyers.

“Only the trees that bear fruits are stoned. I am just proud of that. Praise the Lord,” an elated bishop told reporters outside the court.

Some of his followers were seen crying out of joy.

Mulakkal, 57, was accused of raping the nun multiple times during his visit to a convent in this district when he was the Bishop of the Jalandhar diocese of the Roman Catholic church.

The rape case against the Bishop was registered by police in Kottayam district in June, 2018.

In her complaint to the police, the nun had alleged that she was subjected to sexual abuse by Franco between 2014 and 2016.

The Special Investigation Team which probed the case, arrested the Bishop in September 2018 and charged him with wrongful confinement, rape, unnatural sex and criminal intimidation.

Trial in the case, started in November 2019, had concluded on January 10. The court had restrained the print and electronic media from publishing any matter relating to the trial in the case without its permission.

(With PTI inputs)

Kerala: Bishop Franco Mulakkal Acquitted in Nun Rape Case

Mulakkal, 57, was accused of raping the nun multiple times during his visit to a convent in Kottayam district when he was the Bishop of the Jalandhar diocese of the Roman Catholic church.

New Delhi: A Kerala court on Friday acquitted Roman Catholic Bishop Franco Mulakkal of the charges of raping a nun in a convent in the southern state.

The additional district and sessions court II acquitted the Bishop saying the prosecution failed to produce evidence against him. The detailed order is awaited.

Mulakkal, 57, was accused of raping the nun multiple times during his visit to a convent in Kottayam district when he was the Bishop of the Jalandhar diocese of the Roman Catholic church.

The rape case against the Bishop was registered by police in Kottayam in June 2018.

In her complaint to the police in June 2018, the nun had alleged that she was subjected to sexual abuse by Franco between 2014 and 2016.

The Special Investigation Team which probed the case arrested the Bishop in September 2018 and charged him with wrongful confinement, rape, unnatural sex and criminal intimidation.

The trial in the case started in November 2019 and concluded on January 10.

The court had restrained the print and electronic media from publishing any matter relating to the trial in the case without its permission.

(With PTI inputs)

How Women Who File Rape Charges Have to Walk Through a Hazardous Journey of Securing Justice

Even after sharing their ordeals against their violators – most of whom were powerful and influential public figures – during the #metoo campaign, none of them had filed criminal cases against the abusers. Here follows an analysis of how sexual assault trials are delayed in India.

Two years after the 44-year-old nun, a mother superior belonging to the Missionaries of Jesus congregation functioning under the authority of the Bishop of Jalandhar, made history by filing a criminal case of rape and sexual abuse against the then Bishop of Jalandhar, Franco Mulakkal, she appeared in the Kottayam district and sessions court earlier this week to record her evidence.

The examination-in-chief of the survivor was completed on Friday, and the next cross examination is scheduled on October 1.

Though rape trials are generally held in-camera to protect the privacy of the victim, in this case, an order has been passed on an application made by the accused bishop restraining the media from reporting about what transpires during the trial to avoid trial by media which might prove to be a threat to a fair trial.

While this is the date the complainant must have been waiting for, most anxiously, ironically this is also the date she would be dreading the most, having to stand in the witness box and field questions from an astute criminal lawyer, most of which would revolve around slandering her moral character.

The lawyer will certainly use all his cross examination skills to “break the witness” as this process is popularly referred to, where the witness in the box is provoked to an extent that she gets angry, loses her concentration and falters. Here’s praying that she retains her cool throughout this ordeal and deposes with a quiet confidence even when baseless allegations against her moral character are hurled at her.

Also read: ‘Silence Can’t Refute Her Truth’: M.J. Akbar’s Defamation Case Against Priya Ramani Nears End

#MeToo in India

In the past we have noticed during the “#MeToo” campaign which broke out in India in 2017, after the Harvey Weinstein episode using the #MeToo hashtag on social media, several seemingly confident and highly successful women came out on social media and shared the manner in which their well-reputed bosses or superiors, most of whom were powerful and influential public figures, had made sexual advances towards them or had sexually molested them.

Yet none of them had filed criminal cases against the abusers. The one criminal case that was filed by Tanushree Dutta against Nana Patekar regarding an incident which had occurred several years earlier, was dismissed for lack of evidence.

The only person who was made to pay a price of relinquishing the public office he held as minister of state for external affairs – M.J. Akbar. But even he did not take it lying down and filed a defamation charge against the journalist Priya Ramani, who had first come out with the allegations of sexual harassment against him.

Priya Ramani and M.J. Akbar. Photo: The Wire/PTI. Illustration: The Wire

Similarly, an employee of the Supreme Court who had made allegations against the then Chief Justice of India, Ranjan Gogoi, was subjected to public humiliation. She and her brother-in-law were both dismissed from service and an ad hoc committee of the court comprising three judges which inquired into the matter dismissed the complaint as unfounded and gave a clean chit to Gogoi.

The manner in which the inquiry was conducted met with public criticism for being one sided, unfair and opaque.

Unnao rape case

An extreme case in this category is the one in Uttar Pradesh, popularly known as the Unnao rape case, where a 17-year-old had accused a sitting MLA, Kuldeep Singh Sengar and his associates of gang rape. Due to the influence he wielded, the police did not register a case until she threatened to immolate herself outside the residence of the chief minister of Uttar Pradesh, Yogi Adityanath.

Though the MLA was dismissed from the BJP and had to step down from his position as an MLA and was convicted with life imprisonment on the charge of gang rape, the case ended with disastrous consequences not only to the victim but also to her entire family. Her father was arrested on a false case and died while in police custody, and it brought little solace to the victim that Sengar was convicted with 10 years of imprisonment for this offence.

Later, the vehicle in which she was travelling was hit by a truck, and she lost one of her aunts and herself suffered serious injuries.

Finally when she was on her way to attend the court hearing, she was set on fire by some of the accused who had secured bail. With her body on fire, she had to run for a kilometer, before someone offered her help. She was airlifted and taken to the Safdarjung hospital in Delhi where she succumbed to her injuries the next day.

The rape trial was transferred to Delhi from Unnao and the court finally convicted the expelled BJP MLA of culpable homicide not amounting to murder for causing the death of the victim’s father.

The more influential the accused, the more life threatening it becomes for the victim to follow up on the legal case. It requires a great deal of grit and determination to withstand the trauma of an impending criminal trial. There is always a heavy price to pay.

Also read: Dhrupad Sansthan: Five-Member Panel to Probe Misconduct Allegations Against Two Gurus

The Kerala nun rape case

All those who ask the victim, who has stated in her complaint that the Bishop raped her 13 times from 2014 over a period of two years, why she did not file a complaint when he raped her the first time, need to know the fear and anxiety the victim needs to overcome before approaching the police.

In an answer to these questions, she states that it was not her intention to approach the police. Initially, she had approached the church authorities and only when they ignored her desperate pleas for help, she had approached the police in June 2018.

One wonders whether she was aware of the consequences which would befall her after filing the complaint. It was only because of the support she received from her five companions and the Save Our Sisters (SOS) movement which came forward to support her that she could carry on. Due to the various threats she had received from the Bishop’s support to withdraw her complaint, she has been given police protection.

Initially due to pressure ‘from above’ the police dragged their feet and did not arrest the accused. In September 2018, Father Augustine Vattoli, the convener of the SOS movement, organised a fortnight-long protest at Vanchi Square near the high court in Kochi, demanding immediate arrest of Franco Mulakkal, which received support from nuns, priests and the general public.

The sight of the nuns sitting on a dharna in public made national headlines and due to the pressure it created, the Kerala police finally went to Jalandhar and after rigorous interrogation of the Bishop over three days, arrested him on September 21, 2018.

Nuns protest against the delay in action on Bishop Franco Mulakkal. Credit: PTI

But the public protest mounted opposition against her. The congregation to which she belonged lent complete support to the bishop, under whose authority they function. At his instant, they conducted an ‘internal enquiry’ and brought out a report that when the favours that she had demanded were not acceded to, she had filed a case of rape as part of a conspiracy to defame him.

She was also accused of having an affair with a local rickshaw driver and a sexual relationship with the husband of a relative.

Just as she was mustering up her courage to make a public statement, a sitting MLA P.C. George called her a prostitute which threw her completely off gear and she lost her confidence. She went into acute depression and needed to go through counseling therapy.

The MLA’s comments came despite the Kerala high court judgment dated August 13, 2018, in a writ petition filed by the Kerala Catholic Church Reformation Movement (KCCRM) that the church authorities should refrain from making any derogative comments against the rape victim.

The victim and the five nuns who had lent her support faced total ostracisation from their own congregation. They were taken off from all their religious and pastoral duties. They had nothing to do. They received a paltry sum of Rs 500 for their personal expenses, got their meals from the canteen at the home for the aged which the congregation ran and could get their medicines from the pharmacy attached to it.

A protest march towards Ernakulam IG office demanding the arrest of Bishop Franco Mulakkal, accused of raping a nun, in Kochi, September 19, 2018. Photo: PTI

Later there were attempts to isolate the victim from her supporters by transferring them to convents in far off places like Orissa, Jharkhand and Delhi. But the nuns refused to leave the convent situated in Kuravilangad in Kottayam where the incidents of rape had taken place.

While she faced isolation and humiliation, the local community lent their support to the Bishop. When he was finally arrested on September 21, 2018, the sympathies of the entire congregation were with him. Though the trial court rejected his bail application, he moved the high court and secured bail and was released after spending 25 days in police custody. He returned to the Bishop’s house in Jalandhar as a triumphant king with all pomp and glory and was welcomed with rose petals.

According to Sr. Anupama, the spokesperson for the group (as she is the only one who is fluent in English), the charge-sheet was ready by the end of December 2018, but due to pressure from the higher-ups, the police delayed filing it in court. But under pressure from the judge conducting the trial, the charge-sheet was filed in April 2019. The police had done a thorough job as the 2,000-page charge-sheet indicates.

The trial was scheduled to start on December 1, 2019, but on that day the case was adjourned and it was posted for the end of December 2019. Again it was adjourned to January 2020 as the accused failed to appear. Thereafter, he made this a routine, and did not attend court hearings for the next 19 consecutive dates.

When the trial was about to commence, he stalled the proceedings by filing an application for discharge before trial on the ground that there was no merit in the case. When the trial court dismissed his application, he approached the high court against the order of dismissal. The high court also dismissed his appeal and directed him to appear before the trial court.

Also read: Campaign Highlights Suffering, Injustice, Oppressions During COVID-19 Lockdown

He sought adjournment on the ground that he was tested COVID-19 positive, and in the meanwhile approached the Supreme Court. On the next date when he again failed to appear in court, his bail was cancelled and an arrest warrant was issued.

On July 7, the Supreme Court also dismissed his Special Leave Petition and directed him to appear before the trial court. On August 7, when he finally appeared before the trial court, he was granted bail with strict orders that the bail would be cancelled if he absconds on the following date. On August 13,  he appeared before the trial judge and the judge explained to him the sections under which he has been charged.

For the first time he appeared in ordinary civilian dress and not in the ceremonial attire of a Roman Catholic bishop. The fact that no one is above the law, seems to have finally dawned on him.

It will be interesting to follow how this case proceeds from here. The complainant and her supporters maintain that they have full faith in the judiciary, as the civil courts have given her the dignity which the religious order of the Roman Catholic Church had denied her.

She is a path breaker who has made history in the Catholic Church, and hopefully several others facing a similar situation will now have the courage to walk through this hazardous journey of securing justice.

Flavia Agnes is a lawyer and founder of a Mumbai-based NGO Majlils which provides socio-legal support to victims of sexual and domestic violence. She can be contacted at flaviaagnes@gmail.com.

Nun Rape Case: SC Dismisses Discharge Plea of Accused Bishop Franco Mulakkal

The Kerala high court had dismissed the plea by the bishop, admitting the prosecution’s argument that there was prima facie evidence against Mulakkal in the rape case.

New Delhi: The Supreme Court on Wednesday directed Bishop Franco Mulakkal to face trial as it dismissed his plea seeking discharge in the rape case lodged against him by a nun, saying that there is no merit in his petition.

A bench of Justices A.S. Bopanna, V. Ramasubramanian and Chief Justice S.A. Bobde told the counsel for the bishop that the court is not saying anything on merit but is dismissing the plea on the issue of discharge from the case.

Mulakkal, in his plea, has challenged the Kerala high court order of July 7, dismissing his discharge plea in the rape case filed by the nun.

The Kerala High Court on July 7 rejected his petition seeking discharge in the case.

The high court had asked the deposed bishop of Jalandhar diocese to stand for trial in the rape case, which was registered on the basis of a complaint filed by a nun of the same diocese in Kerala.

The high court had dismissed the plea by the bishop, admitting the prosecution’s argument that there was prima facie evidence against Mulakkal in the rape case, which was registered on the basis of a complaint filed by a nun of Jalandhar diocese.

The senior priest of the Roman Catholic church had filed the revision petition following the dismissal of his discharge plea by a trial court in March this year.

Also read: Four Nuns Shunted From Kerala Convent for Speaking Against Bishop Franco Mulakkal

The rape case against the bishop was registered by police in Kottayam district.

In his plea filed before the high court, the accused priest argued that he was implicated after he questioned the financial dealings of the victim nun.

The bishop had filed the discharge plea in the trial court just ahead of the commencement of the preliminary hearing on charges against him.

In her complaint to the police in June 2018, the nun had alleged that she was subjected to sexual abuse by the bishop during the period between 2014 and 2016.

The bishop, who was arrested by the Special Investigation Team, which probed the case, charged him with wrongful confinement, rape, unnatural sex and criminal intimidation.

Expelled Kerala Nun Sister Lucy Writes to Vatican, Seeks to Present Case

Sister Lucy Kalappura, who took part in a protest by nuns, seeking the arrest of Bishop Franco Mulakkal, accused of raping a nun, was expelled by the FCC in August this year.

Kochi: A Kerala nun, who has challenged the Franciscan Clarist Congregation’s decision to expel her, has written to the Vatican, alleging the ‘disciplinary action’ was taken for participating in protests by a group of nuns seeking the arrest of a bishop accused of raping a fellow nun.

In her letter, to Leonardo Cardinal Sandri, Prefect, Congregation for the Oriental Churches, Sister Lucy Kalappura also sought an opportunity to her to appear in person before a tribunal which would consider her appeal against the congregation’s decision.

She has also sought an opportunity to present her case to Pope Francis.

The Congregation for the Oriental Churches in the Vatican had dismissed Sister Lucy’s first appeal challenging the Franciscan Clarist Congregation’s decision to expel her for “failing to give a satisfactory explanation for her lifestyle in violation of FCC laws”.

However, it allowed her to present a new recourse to the Supreme Tribunal of the Segnatura Apostolica in the Vatican.

“I am deeply obliged for providing me with the opportunity for a further appeal to the Supreme Tribunal of the Signatura Apostolica. It is desired, in this connection, that an opportunity is granted to me to appear in person before the Tribunal to enable me to present to its honourable members my side of the situation.

“It is requested, further, that I be granted an opportunity to present my case to Pope Francis, whom I venerate and in whose sense of justice I have absolute faith”, the nun said in her letter to Leonardo Cardinal Sandri.

Also read: Vatican Dismisses Kerala Nun’s Appeal Against Order Expelling Her for ‘Lifestyle’

Sister Lucy Kalappura, who took part in a protest by nuns belonging to Missionaries of Jesus Congregation, seeking the arrest of Bishop Franco Mulakkal, accused of raping a nun, was expelled by the FCC in August this year.

In her letter, the nun said the FCC congregation initiated ‘disciplinary action’ against her.

“In my case too, what purports to be ‘disciplinary action’, and what in reality are reprisals, against me commenced only after I stood by the sisters of the Missionaries of Jesus in their efforts to secure justice for the outraged nun. This is amply evident from the show cause notice issued to me, a copy of which is attached for ready reference,” she said.

“I wish to urge strenuously that the actions initiated against me, and the vindictiveness it reeks of, cannot be understood aright if they are seen in isolation from the Franco Mulakkal matter as the trigger.

“I fervently hope that the honourable members of the Tribunal would appreciate the truth that I am a collateral victim of this Franco Mulakkal scandal, in regard to which the mettle of the Church’s commitment to truth and justice is being tested in full public view,” she wrote.

“It does not have to be argued that the Holy See being made to be seen as partisan in this case, or as hostile to justice is available to a rape victim, is sure to discredit the witness and integrity of the Catholic Church for the years to come.

“It is shortsighted to coerce nuns to perjure in legal proceedings in the hope that the ends of justice can be stalled thereby. It is bound to result in extreme and undying infamy to the Church,” Sister Kalappura said in the letter.

She submitted that the Franco Mulakkal case has already attained unprecedented public attention and people of diverse persuasions are seized of how it is going to pan out.

Also read: Kerala Cop Transferred After Serving Notice to Rape Accused Bishop Franco

“What aggravates its repugnance is that it has burst into public attention amidst a series of corruption charges and criminal acts ascribed to church leaders of diverse denominations in Kerala.

“The only thing that will salvage the credibility of the Catholic Church in this context is to be seen as committed to truth and justice, without fear or favour. Attempts to the contrary are sure to be self-condemnatory; a concern that I cannot disown”, the nun said.

In its notice to the nun early in January, the congregation termed as “grave violations”, Sister Lucy possessing a driving licence, buying a car, taking a loan for it and publishing a book and spending money without the permission and knowledge of her superiors.

The nun dismissed charges levelled against her by the congregation, saying many of them were a “deliberate attempt to paint her in a bad light.”

In its notices, the FCC alleged the nun violated its dress code in public without any permission and caused grave external scandal and harm to the Church by participating in the protest by ‘Save Our Sisters Action Council’ on September 20, 2018, at Kochi, seeking the arrest of Bishop Franco Mulakkal, accused of raping a nun in Kerala.

The FCC, under the Roman Catholic Church, said the nun was issued “proper canonical warnings”, but did not show the needed remorse.

Vatican Dismisses Kerala Nun’s Appeal Against Order Expelling Her for ‘Lifestyle’

Sister Lucy had participated in a protest against rape-accused Bishop Franco Mulakkal.

Kochi: The Vatican has dismissed an appeal by a Kerala nun challenging the Franciscan Clarist Congregation’s decision to expel her for “failing to give a satisfactory explanation for her lifestyle in violation of FCC laws.”

Sister Lucy Kalappura, who took part in a protest seeking the arrest of Bishop Franco Mulakkal, accused of raping a nun, was expelled by the FCC in August this year.

The congregation had charged her with publishing poems, purchasing a car and taking part in a protest against the rape accused former bishop of Jalandhar diocese.

The FCC, under the Roman Catholic Church, said the nun was issued “proper canonical warnings”, but did not show the needed remorse.

Challenging the decision, the nun filed the appeal before the Congregation for the Oriental Churches in the Vatican against the FCCs decision.

“The Vatican has dismissed her appeal,” a church source said here without elaborating.

The source said she would have one more opportunity to file an appeal.

If that was also rejected, she would have to leave the convent, the source told PTI.

Apostolic Nuncio Archbishop Giambattista Diquattro was the one to convey the decision taken by the Congregation for the Oriental Churches to the congregation.

“As you will see, the Congregation has rejected the Recourse presented by Sister Kalapura. If she will consider that the present decree is against her lawful rights, she can present a new recourse to the Supreme Tribunal of the Segnatura Apostolica within the peremptory term prescribed by the law,” the Nuncio said in his letter to the FCC.

Reacting to the decision, the nun said it was taken without hearing her part and stated that she would not leave the convent as she has not done anything wrong.

In its August 5 letter to her, Ann Joseph, the head of the Aluva based congregation, said she was being dismissed from the congregation for failing to give a satisfactory explanation for her lifestyle “in violation of the proper law of the FCC.”

The “unanimous decision” to dismiss the nun was taken at the congregation’s general council on May 11 this year.

This was approved by the Congregation for the Oriental Churches in the Vatican through the Nuntiature in New Delhi.

In its notice to the nun early in January, the congregation termed as “grave violations”, Sister Lucy possessing a driving licence, buying a car, taking a loan for it and publishing a book and spending money without the permission and knowledge of her superiors.

The nun dismissed the charges levelled against her by the congregation, saying many of them were a “deliberate attempt to paint her in bad light.”

In its notices, the FCC alleged that the nun violated its dress code in public without any permission and caused grave external scandal and harm to the Church by participating in the protest by ‘Save Our Sisters Action Council’ on September 20, 2018 at Kochi, seeking the arrest of Bishop Franco Mulakkal, accused of raping a nun in Kerala.

(PTI)

Four Nuns, Rape Survivor Seek Kerala CM’s Intervention on Transfer Issue

“The aim of the present transfer orders is to pressure and threaten us as all of us are prominent witnesses in the case,” the four nuns alleged in a letter.

Kochi: Four nuns, who took part in a protest demanding the arrest of rape-accused Bishop Franco Mulakkal, have written to the Kerala chief minister, seeking his intervention to ensure that their transfer orders are not effected till the trial is over.

The letter to Chief Minister Pinarayi Vijayan was written after four of the five nuns, who led the agitation against the bishop last year, were directed to leave their convent in Kottayam district, in compliance with a transfer order issued by their congregation last year.

The survivor nun has also written a separate letter to the chief minister, seeking his help in the matter.

“Their aim is to single me out and to harass and torture me. My life will be in danger if such a situation arises,” she has alleged in her letter.

Their congregation – Missionaries of Jesus under the Jalandhar diocese of the Roman Catholic Church – has directed the nuns to join their previously-assigned convents, according to the transfer orders issued between March and May, 2018.

Also read: Four Nuns Shunted From Kerala Convent for Speaking Against Bishop Franco Mulakkal

The nuns – Alphy, Anupama, Josephine and Ancitta – were served notice by the superior general of the congregation, Regina Kadamthottu, urging them to take up their assigned responsibilities as befitting members of the Missionaries of Jesus congregation.

Sister Nina Rose, who also fought for justice for the survivor nun, has not been asked to leave the convent.

While Sister Alphy has been transferred to a convent at Pakartala in Bihar, sister Ancitta and sister Josephine have been directed to join their convent in Lalmatia, Jharkhand.

Sister Anupama has been asked to report at a convent in Punjab.

In their letter to the chief minister, the nuns alleged that the transfer orders were aimed at splitting them and “to sabotage the case” against Bishop Franco Mulakkal.

“Bishop Franco is supported by some of the church authorities and his henchmen. They are making false propagation and character assassination against us.

“The aim of the present transfer orders is to pressure and threaten us as all of us are prominent witnesses in the case,” the four nuns alleged in the letter.

“They want to split us and put us into different locations in India. We will not be able to appear and give evidence before the court at the trial stage in such a situation,” they said in the letter.

Also read: ‘Bishop Franco Mulakkal Is a Symptom of the Decay of the Church’

The nuns sought Vijayan’s intervention to ensure that all of them could live at the St Francis Mission Home in Kuravilangad itself, with the survivor, till the trial of the rape case was over, especially considering their safety.

“The victim is actually living on the strength and support extended from our side. Our presence itself is a great solace for her, who is totally in a broken situation,” they said.

Alleging that the transfer orders were a “strategy” to put all of them under pressure, the nuns said, “If the transfer is effected, we will not be in a position to give evidence in the case daringly.”

“We will not be allowed to live peacefully and will collapse emotionally and mentally. Our lives will be in danger,” they said.

The protest led by the nuns and the Catholic reformist forums here in September last year had led to a public outrage and demands for action against the bishop.

Also read: Abuse, Cover-Ups and Silence: Why India’s Catholic Church Needs a Reformation

Bishop Mulakkal, a senior member of the Roman Catholic clergy in India, was arrested last year following allegations by the nun that he repeatedly raped and sexually assaulted her at the Kuravilangad convent between 2014 and 2016, a charge denied by him.

The 54-year-old clergyman was “temporarily” relieved of all pastoral responsibilities as the bishop of the Jalandhar diocese by the Vatican.

The congregation had issued the transfer orders of the nuns last year, much before the outbreak of protests, but they had then refused to accept those.

In a recent communique, Superior General Regina said it was a “matter of serious concern” for her to note that they were yet to join their convents assigned previously.

Four Nuns Shunted From Kerala Convent for Speaking Against Bishop Franco Mulakkal

In an effort likely meant to isolate the nuns further, four of the five protesting nuns have been asked to return to the convents they were previously assigned to by the Missionaries of Jesus.

New Delhi: For making their protest known against rape-accused Bishop Franco Mulakkal, head of the Jalandhar diocese of the Catholic Church, four nuns from Kuravilangad convent have been reportedly asked to leave immediately by Superior General Regina Kadamthottu.

According to an exclusive story by The News Minute, which gained access to the letters asking the nuns to leave the convent in Kerala’s Kottayam district, this is an effort to isolate and silence the nuns – the nuns have been asked to return to the convent they were previously assigned by the Missionaries of Jesus.

Also read: ‘Bishop Franco Mulakkal Is a Symptom of the Decay of the Church’

But though it was five nuns who took part in the protest in September 2018 organised by the Save Our Sisters (SOS) Action Council, only four have been asked to pack up and leave – Sister Alphy Pallasseril, Sister Anupama Kelamangalathuveliyil, Sister Josephine Villoonnickal, and Sister Ancitta Urumbil. The fifth participant, Sister Nina Rose, has not been directed to vacate.

“You have chosen in your individual capacity to support and pursue the legal battle seeking justice. The MJ Congregation and its members do not intend to make any sort of intervention or interference into the due process of law and justice and you will be free to carry on the judicial pursuit,” the letter accessed by The News Minute reads.

Also read: Abuse, Cover-Ups and Silence: Why India’s Catholic Church Needs a Reformation

Sister Anupama, who had led the protests against Bishop Franco, has been asked to return to Chamiyari community in Punjab; Sister Ancitta has been asked to join the Pariyaram community in Kannur; Sister Alphy has been asked to join the Pakartala community in Bihar; and Sister Josephine, who was appointed as Superior at Lalmatia community in Jharkhand, has also been asked to return, The News Minute reported.

The case

In her complaint to the Kottayam Police in June, a 43-year-old nun, also a mother superior, had alleged that Bishop Mulakkal raped her at a guest house in Kuravilangad in May 2014 and later sexually exploited her on several occasions. The nun said she had to approach the police as church authorities did not act on her repeated complaints against the clergyman.

In September, in fact, the Missionaries of Jesus congregation had alleged that the victim, who had accused the Mulakkal of raping her, five nuns and four others, plotted against the Bishop to frame him in the Kerala rape case. The congregation had also earlier alleged that the Kerala nun had “questionable relations with a local taxi driver” and “a physical relationship with a relative’s husband”.

Later, the senior Catholic priest was interrogated by the Kerala Special Investigation Team (SIT). In a strongly-worded letter, the nun had urged the Vatican to intervene in the matter and to remove Mulakkal as the head of Jalandhar diocese. Following this, the Bishop had been temporarily relieved of his pastoral reponsibilities. Soon after, the bishop was arrested by the Kerala police after intense interrogation and taken to a guest house at Kuravilangadu by police for reconstruction of the crime scene.

Bishop Franco Mulakkal. Credit: PTI

Mulakkal, was granted bail on October 15, 2018. Upon his release, he described his time inside prison as a “21-day retreat” where he got time for “meditation and personal reflection”.

When he returned to Jalandhar on October 18, he was given a ‘grand’ welcome by the Diocese of Jalandhar, including the nuns.

After the death of one of the key witnesses in the case, Father Kuriakose Kattuthara in Punjab’s Jalandhar in September, security was stepped up for the victim. His brother, Jose Kattuthara, has alleged that Father Kattuthara had been killed for giving a statement against Bishop Franco Mulakkal.

Before his death, in an interview to Mathrubhumi, the Father had said he was constantly threatened by church officials for his support of the nun who has accused the bishop of rape.

In November, the Missionaries of Jesus Congregation asked the Kerala police to shift the nun and five witnesses to a government-run home as the convent did not have financial resources to ensure their protection.

“Accusations sans truth have been flying thick and fast in the public realm about the lack of concern the MJ Congregation was showing to the nuns who are standing for justice. Even as you and a few other MJ members continue to have no qualms in issuing malafied public statements and circulate baseless stories tarnishing the images of the MJ congregation and portraying the Mother General and other members as ‘enemies of those who are fighting for their justice’, I have been ensuring that the congregation continue supporting you all with food, accommodation and the cost of medical treatment as required,” the letter evicting the nuns reads.

Nun Who Accused Bishop Mulakkal of Sexual Assault Heckled at Kattuthara’s Funeral

Reacting to the incident, Sister Anupama, who was accompanied by other nuns, broke down and said she was “deeply hurt”.

New Delhi: Sister Anupama, who was at the forefront of protests demanding the arrest of Bishop Franco Mulakkal, who was accused of raping a nun, was heckled and asked by some people to leave the cemetery where the funeral of a key witness in the rape case was going on on Thursday.

Kuriakose Kattuthara, a priest who had also testified against Mulakkal, was found dead under mysterious circumstances in Dasuya near Jalandhar in northern Punjab three days ago. The post-mortem was held at Jalandhar and his body was brought to Kerala on Wednesday.

At the funeral this evening, a section of the faithful protested Sister Anupama’s presence and asked her to leave the cemetery at St Mary’s church in Pallipuram. Reacting to the incident, Sister Anupama, who was accompanied by other nuns, broke down and said she was “deeply hurt” by the protests.

“I am from this place. I know Father Kattuthara for many years. He has seen me as his own daughter.. we have only stood for truth,” she said.

Also read: ‘Bishop Franco Mulakkal Is a Symptom of the Decay of the Church’

Father Kattuthara’s mysterious death comes days after Mulakkal, who was arrested and is presently out on bail, reached Jalandhar from Kerala. Mulakkal, who was granted conditional bail on October 15, received a rousing welcome from his followers and supporters when he returned to Jalandhar.

In her complaint to the Kottayam Police in June, Sister Anupama alleged that Mulakkal raped her at a guest house in Kuravilangad in May 2014 and later sexually exploited her on several occasions.

Mulakkal denied the charges as “baseless and concocted,” insisting she levelled those as the Catholic order had rejected her demand for favours.

(PTI)