KOTTAYAM: The Missionaries of Jesus congregation has the authority to dismiss nuns adhering to procedures, according to a canonical expert of the Church.
The superior-general of the congregation can initiate disciplinary action to dismiss the nuns after consulting the bishop since it is a diocesan congregation, said Father Jose Chiramel, judge of the superior tribunal of the Syro-Malabar Church. The procedures include the issue of three warnings, seeking explanation and giving the dismissal order. Father Chiramel told this newspaper that the civil court can intervene only if the procedures violate the canonical norms.
According to the provisions of the Canon Law, a religious person can be transferred or dismissed from the profession only on serious grounds, especially if the transfer is against the wish of the person concerned.
Canon 190, section 2 says that the transfer which is against the wish of the person should be done only if the reasons are serious. As per Canon 193, section 1, the person who was appointed to the said post for an indefinite period cannot be dismissed without serious reasons.
Canon law section 2, 193 says that the person appointed for a specific period can be dismissed only on serious ground.
Regarding the dismissal of the religious person, Canon 192 says that the higher authority can do it through a decree as stipulated by the law or as per Canon 194.
Canon 194 says that a religious person can be dismissed on the following grounds.
1. If his/her clerical state is lost.
2. Those who abandon the religious faith or publicly abandon communion with the Church.
3. The person who tries an invalid marriage.
Meanwhile, the nuns who were served with the transfer orders said that though they told the congregation that they will accept the transfer after completion of the case against Bishop Franco Mulakkal, their plea was not considered. The official faction of the congregation had first issued the transfer order on March 23 last year and sent two more reminders later.
