1916- 1986- 2016 Mary Roy and Mary John Akhouri: Overturning 100 years of discrimination

Mary is a very important name in the church and it includes St. Mary, first among saints, St. Mary Magdalene and St. Mary the sister of St. Martha among others. Mary brings to mind several things. It is a name that the church will never be able to wipe out. The name brings not just assurance, hope and obedience but rebellion, sacrifice and victory from oppression. Along with Mary John Akhouri who has managed to wake up the senses of the church and civil society in Kerala, India and the world, is Mary Roy who single handedly fought against an oppressive law and a patriarchal church and society which supported the law.

We are still looking at the merit and faults of denying a decent burial to Mary John Akhouri in the church of her choice and as per her last wish. But there is also another interesting aspect to this time and year. 2016 is an important date because it comes exactly 100 years after the act of 1916 which was discriminatory towards Syrian Christian women in India because it gave only 1/4th the share of ancestral property going to the son, to the daughter or Rs 5,000 whichever was less. In 1984 Mary Roy who also belonged to a Syrian Christian family and was separated from her husband and was going to be evicted from her house in Ooty, filed a case in a court of law, which came out with a favourable verdict in 1986. This was followed by several other cases which culminated in the 2010 verdict of the court granting the right to one part of the property to Mary Roy. 100 years after a discriminatory law and 30 years after a favourable court verdict for Syrian Christian women. This is what 2016 offers and the passing away of Mary John Akhouri and her wish to be buried in her parish brings to focus not just inter religious weddings, church membership and funerals but the key factor of rights of women.

I mentioned in an earlier write up that we have to have a lenient view to several parties involved in the recent issue. But how can we reason within the church that Mary John Akhouri deserved better? For this Mary Roy offers help to us. The Travancore Christian Succession Act of 1916 was clearly discriminatory and it was tweaked to be even more so by the powerful Syrian Christian community. “Under Section 24 of the Act, a widowed mother has only a life interest terminable at death or remarriage, over any immovable property. Under Section 28 female heirs who had already received Streedhanam (dowry) were not to be given any share in the case of intestacy because the daughters have only a right to get streedhanam and it was fixed as ¼ of the share of a son or Rs.5000/- whichever is less, daughters could get shares in the intestate’s property only in the absence of male heirs. Even the unmarried daughters had only a right to get streedhanam which was to be calculated as aforesaid. Thus the Travancore Act contained several discriminatory provisions blatantly violating Article 15(1). The reason for the denial of the share in the family property was that the daughter was going to the matrimonial home and only the sons are contributing to the growth and betterment of the family.”

Venu Menon writes that the Supreme Court verdict brought about by Mary Roy’s court case brought the Syrian Christians under the more liberal Indian Succession Act, 1921. “The judicial order sent shock waves through the community, especially the patriarchal authority that influenced the lives of Christians. The verdict not only gave the female progeny equal rights in the father's property, it did so with retrospective effect. The retrospective clause promised to unleash chaos in the community. Every Christian household faced the prospect of an insurrection from within. All past land transactions became open to question. All titles to property derived from intestate succession now stood invalidated. There could be no precise estimate of the number of women who suffered injustice under the earlier law. The Supreme Court judgement provided an instant remedy.”

The church and the state tried to stall and circumvent the court order and has been successful to a great extend with changes in will and daughters agreeing to sign legal documents mentioning they have received their share. The court order should be read from the perspective of daughters being sent off from their house in the hope that they will never return. It is a once for all settlement. Perhaps this was what happened with Mary John Akhouri. Her being sent off or her going on her own was the part of the societal and church sponsored programme of making sure that the daughter of the house was settled and sent away. Mary John Akhouri’s wish to be buried in her mother parish can and must be seen as her return for her rights which were denied to her earlier. Even if she personally got something from her family her return is the return of a Syrian Christian woman for an equal share of the property of her family which includes a space in church and the cemetery as well. Here I am again sympathetic to the priest in charge as his denial must be seen as the denial of the church to accept someone like Mary Roy and her fight for her rights and the effort to circumvent any court order given otherwise.

The court order giving equal rights over ancestral property to women in the family was always fought by the church and the political class as well because they thought that the ruling patriarchal class would be offended if they did not circumvent the court verdict. It was also a case of holding on to power by the influential class of people in society. The church still has a chance to redeem itself by first of all accepting what Mary Roy, a Syrian Christian herself has done for the emancipation and equal rights of women. She should be honored for this fight and struggle that she has undertaken. Her fight and case should not be seen as anti-church but as a struggle for the church and its constituency of women. What the church has not done for various reasons was taken up and done by a church member and this should be appreciated by the church. The church finds itself at the cross roads looking at itself on what it means by equality, justice and peace. Is it only a slogan or is it something which suggests that all who are in the church are its members and deserve equal treatment from the church? In the Mary John Akhouri analysis it will help church members and others to understand that her burial is not just a burial of a church member who was away and therefore had given up her membership status but that she was a woman of the church who was collectively wronged by a patriarchal society and church together. Her wish to be buried in Kumarakom is her coming back and her journey for the justice which was denied to her because of a discriminatory law of 1916 which still seems to be hanging like a mill stone around the neck of church administrators.

The church and all of us together must understand that we have been hand in glove with all of this. We have not considered the work of women like Mary Roy and Mary John Akhouri because they were women and they tried to change the status quo of gender roles prevalent in the church. One did it through a life long legal battle to get a right to her ancestral property and the other did it through an end of life wish to gain access and right to her ancestral tomb and thus property.
In Numbers 27 the daughters of Zelophehad Mahlah, Noah, Hoglah, Milkah and Tirzah stood before Moses, Eleazar the priest, the leaders and the whole assembly at the entrance to the tent of meeting and said, “Our father died in the wilderness. He was not among Korah’s followers, who banded together against the LORD, but he died for his own sin and left no sons. Why should our father’s name disappear from his clan because he had no son? Give us property among our father’s relatives.” So Moses brought their case before the LORD, and the LORD said to him, “What Zelophehad’s daughters are saying is right. You must certainly give them property as an inheritance among their father’s relatives and give their father’s inheritance to them. The five daughters of Zelophehad are the women who makes God change God’s rules. They go to Moses and the others and when Moses asks God, God tells Moses to give them the inheritance to their father’s property and name even though that was not the norm.

The year 2016 is a good year to remind ourselves about our commitment to women and that we owe them their inheritance which they will come to claim at a time they choose. Mary John Akhouri chose now and chose her way to do that. Mary Roy has already brought about a change through her struggles. Now it is time for us to go to God like Moses did and ask God what indeed we must do.




Pictures courtesy dnaindia.com and alcherton.com

The Mary John Akhouri burial: An opportunity to discuss religion in public for the benefit of the masses

Mary John Akhouri (aka Madhu Jyotsana Akhouri) was denied a burial in her mother church, the St. John's Attamangalam Jacobite Church, Kumarakom because the church argued that she did not possess a membership which she had forfeited due to her marriage to Dr. Akhouri, a Hindu. She was then buried in another church. Mary Akhouri is the grand mother of Bollywood actor Priyanka Chopra and this was one of the main reasons of the story being reported in the mainline media. Priyanka herself called it an unfortunate incident while the Jacobite bishop of the Kottayam diocese H. G. Thomas Themotheos called it inhuman and unchristian. The church in question through its vicar and committee stood their ground and said that this was what any church under the Jacobite fold would do and a burial was denied not just because of Ms. Akhouri’s intercaste marriage but because she had never renewed her membership in the church. Her relative though from the same church said that Ms. Akhouri had confessed to a priest and had communion from the same church two years ago.

It is easy to point fingers at this moment but we should also be understanding on several fronts. We should be understanding to Ms. Mary Akhouri who was a hard working person, a freedom fighter and a member of the legislative assembly in Bihar. We should also be understanding to Ms. Priyanka Chopra because it is not fair to come down heavily on her because she is a famous actor and she is rich. In many ways even though it is easy to criticize the church we should also try and understand the policies of the church, irrespective of whether they are good or bad.

Was the priest correct to say no to a burial in a church under his leadership? Did he also refuse to conduct the service despite a directive from his own bishop? The priest must have in all probability used his experience, the church tradition and the collective wisdom of the church committee to come to an understanding. Was he wrong in doing so? I don’t think so and I will explain why. A priest is taught in a regional seminary to follow the rules and traditions of the church that he is pastoring in. In this case the marriage of Mary John to a person from a different religion must have disqualified her from church membership. Whether the church actually did follow any procedure in intimating Ms. Akhouri or her family in Kerala about the cancellation of the membership is not known to us. The priest only followed instructions which he learnt. Which religion teaches priests to be compassionate or humane? Which priest is given permission to follow his heart and not the rules? If that was the case would so many people die in the name of religion in India? Wouldn’t India be absolutely inter religious and unified in diversity? So if at all, the church, religions and the society has to be questioned as to what their roles are? Is it to unify people or to create discord among people? Priests in all religions end up being spokespersons of their own community and don’t go beyond that. It is true that the bishop seems to have sent the priest a directive. One way forward was for everyone to meet and sort out the issue. But aren’t there deeper issues which cannot be sorted out with one directive from the bishop?

What are the issues that come to the forefront through this? What is the policy of religions to inter caste marriage? What is the belief of religions with regard to people of other religions coming to their sacred space and partaking of their blessings? Are people of all castes allowed in all temples, are Hindus allowed in mosques, are all people from all religions and other denominations given communion in churches, are women allowed in the holy of holies of religious spaces? There are many underlying issues in the issue of denying a decent burial. Are we ready to talk about them?

Couples who opt for inter caste weddings are killed and brutalized for falling in love and this is justified by politicians, religious leaders and high caste families. Why don’t people come together against this? Women in the Syrian churches are married out of the church. They join the church of the husband and then severe ties with their mother church. Why should it be this way and why can’t women still be part of their own church? Mary Roy created history by fighting for the rights to her ancestral property and through that came into the bad books of her Syrian church and interestingly all of this happened in Kottayam. Mary Roy, the illustrious mother of Arundathi Roy fought for and got a judgement from the court granting equal rights to ancestral property for women. The church was uncomfortable with Mary Roy and the verdict, and this continues even now because Mary Roy has not been felicitated for the great work that she has done. This has been the context of the priests and how they have experienced ministry in the church.

The humanity and Christian values that they have to show in the church they are ministering in also gives second priority to women in almost all things. This is so for burial as well when the face of the deceased is preferably covered during the last rites by the son or another male member of the family and not a woman. Recently I also observed some priests insisting that when a woman was buried the church should not use a silver plated cross but a wooden cross because the husband was still alive! This has been the context in which a priest has come up. Any reaction to a new situation is only based on what he has experienced right from childhood up till becoming a priest. In many cases priests do not completely agree with what is being followed in church. An example of this is that girl babies are not taken to the altar after baptism while male babies are taken, creating a clear division between boys and girls. Many priests now do not agree with this but keep quiet knowing not what to do.

As I mentioned before it is not fair to come down heavily on Priyanka Chopra or her family for what has happened. So we can consider Mary John Akhouri as our own grand mother. What else should we have done to make her memory live on and for her last wish to come true? We should for starters try and understand the system of the church and debate and seek change of any archaic and wrong traditions followed in the church which are beneficial only for a certain section. Why are women treated as second class citizens in the church even though the theology of the church says that God has created man and woman in God’s image and likeness? Can’t we question caste based traditions still followed, sometimes unknowingly and sometimes with clear cut intentions? People inside and outside the church approach the church mainly for baptism, marriage and burial. But shouldn’t we also be approaching the church at other times and debate with the church about the culture of the land and about a society which is very multi lingual and multi cultural? Any loss of a family member is sad but that is the case for all families. When other people and families are discriminated against on the basis of caste, class, gender and religion why do we keep quiet and maintain a status quo? It is time to debate and time to change.

But again it is not to say that we have to do something new in the context of new challenges but to also see what are the corruptions that have come into the church because of cultural pressures and thus go back to the bible and read what it says. The concept of a cemetery is new and is not mentioned in the bible though having a tomb for people is. In John 11:38 it says “Then Jesus, deeply moved again, came to the tomb. It was a cave, and a stone lay against it.” There is no suggestion that this was a cemetery. In Genesis 23:9 Abraham seeks a place to bury Sarah and the verse says “That he may give me the cave of Machpelah, which he owns; it is at the end of his field. For the full price let him give it to me in your presence as property for a burying place.” In the Old Testament as well we read about tombs and not cemeteries. In John 19:38-42 Jesus is also placed in a tomb after his crucifixion. “After these things Joseph of Arimathea, who was a disciple of Jesus, but secretly for fear of the Jews, asked Pilate that he might take away the body of Jesus, and Pilate gave him permission. So he came and took away his body. Nicodemus also, who earlier had come to Jesus by night, came bringing a mixture of myrrh and aloes, about seventy-five pounds in weight. So they took the body of Jesus and bound it in linen cloths with the spices, as is the burial custom of the Jews. Now in the place where he was crucified there was a garden, and in the garden a new tomb in which no one had yet been laid. So because of the Jewish day of Preparation, since the tomb was close at hand, they laid Jesus there.” So even Jesus was not buried in a cemetery. But then Jesus showed us the importance of his resurrection over his death.

It is important that the church and civil society work together and that the church should be a corrective for civil society and when necessary civil society should also be critical of the church. One should not get into the narrative of church vs civil society or church vs the media but should look ahead at what can be done so that all who live and all who pass on are equally honored because they are a creation of God. Why is it that people in the church and people belonging to civil society keep quiet or are not expressive enough when people who died were not given a decent and honorable burial because of church feuds? Why weren’t the people involved including priests then not questioned enough about the inhuman and unchristian approach to dead persons? Was that person not a human being? Why don’t we pose enough questions when the funeral rites are done two times, one each by different denominations wanting to assert their supremacy through such acts? Why do we remain quiet when the pulpit is used for preaching hatred, caste supremacy and gender difference?

We have in numerous ways humiliated various living persons and dead persons by our actions in the religious sphere. Mary John Akhouri was not singled out for discrimination but that does not mean that she did not deserve better. It is time that various religions and denominations got together to look at their similarities rather than preach their differences. It is an opportunity to talk about topics usually not encouraged to be discussed in the open. It is also a space for us to gather in public and openly express our religious beliefs including and not excluding the other. If we can do this in the name of Mary John Akhouri and other women and men before her then we will end up respecting them forever. Anything less than that will only lead to the disrespect and humiliation of the soul of Mary John Akhouri. May God guide us.