A6: Understanding our Petition

(Protocol No. 197/2014 dated 28 January 2016)

Instruction of the congregation for the oriental churches
Concerning the request of some faithful of the Syro-Malabar Church residing in Delhi
To be permitted to receive the sacraments in the Latin Church
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For many years, the Archdiocese of Delhi has generously provided for the pastoral care of the Syro-Malabar faithful living within the confines of that ecclesial circumscription. Consequently, it is not surprising that some members of this Oriental Church, having lived for a long time in a Latin ecclesial context, should experience a sense of disorientation after the erection of the Eparchy of Faridabad of the Syro-Malabar faithful. Nevertheless, the situation can be happily managed, even within the framework of existing law, if all concerned act with mutual understand and respect.
In the first place it could be useful to recall a few juridical points of reference. There does not exist a general right to choose one’s rite; rather, there is a duty to follow one’s own rite insofar as possible (cfr. CCEO can.40 §3 and can.35). However, situations arise in which the request to pass to another Church sui iuris is comprehensible. In the case at hand, the Bishops concerned are ready to facilitate the passage for anyone desiring it, and the assent of the Apostolic See may be presumed (cfr CCEO can.32 §2). Care should be taken to register all such transfers accordingly to CCEO can.37.
Some faithful of the Syro-Malabar Church, who experience difficulties participating in the parish of their own Church sui iuris, do not wish to pass over the Latin Church: this is most understandable and even praiseworthy, in the light of what has been recalled above. Such persons may exercise their right to participate in the liturgical functions of any church sui iuris (cfr. CCEO can.403 §1, CIC can.923). The Code of Canon Law of the Latin Church emphasises that the custom of receiving the sacraments in a given Church sui iuris does not imply ascription to it (CIC can.112 §2).
Consequently, a Syro-Malabar faithful, who, in force of the law itself, is a member of the Syro-Malabar parish where he has domicile (CCEO can. 280 §1), can remain fully involved in the life and activities of the parish of the Latin Church. Both the pastors are called to understand the delicate situation of such persons and to facilitate the tranquil and serene prosecution of their life of faith.
In practice, this requires that the Latin pastor, who substitutes for the faithful’s legitimate pastor, fulfil what is established by law for the following sacraments: baptism, confirmation and marriage. For baptism, the Latin pastor will request permission from the Oriental pastor (cfr. CCEO can.677 §1, 678 and 683). The registration of the baptism is to be made in the Baptismal Register of the Latin parish, specifying the membership in the Syro-Malabar Church. Moreover, the Latin pastor will send to the Oriental pastor a certificate of the baptism for notification. The same process regards confirmation. As for marriage, the Latin pastor is the competent minister as long as one of the two parties is Latin. If, instead, the marriage concerns two Orientals, the Latin pastor will request delegation ad validitatem from the Oriental pastor. In the case of mixed marriage or disparity of cult, the competent Hierarch is the Oriental. In all these cases, the Latin pastor will send a notification to the Oriental pastor. Such inner-ecclesial collaboration should take place with respect, solicitude and promptitude, having the spiritual good of the faithful as the final goal.
The Members of the Synod of Bishops of the Syro-Malabar Church will ask of their Priests the same spirit of willing collaboration whenever a Syro-Malabar faithful who frequents a Latin parish in Delhi request or participates in the above- mentioned sacraments in Kerala. Documentation based upon the register (e.g. “free state certificate”) will be accepted from either the Syro-Malabar pastor or the Latin Pastor of the place of baptism. If other attestations are needed (for example, that the person is currently practicing), these should be given by the Latin pastor of the parish frequented by the individual.
In sum, the faithful ascribed to the SM church residing in the territory of the Eparchy of Faridabad are subject to the Eparchial Bishop of that ecclesial Circumscription, even if, in practice, they frequent Latin parishes. Nonetheless, let them rest assured that their situation is understandable and their motivations respected. All should take care so that these persons do not feel excluded from full involvement in the Latin parish or slighted by the SM parish. On their part, a joyful acceptance of the ecclesial norms is requested, for these serve to foster the harmonious coexistence of the faithful of the various sui iuris Churches in India.
This Congregation, keeping in mind the necessities of the faithful and observing the current canonical norms, confident of the pastoral solicitude of the Pastors, both the Latin and Syro-Malabar, considers it neither necessary nor opportune to grant particular indults of a general character.
Vatican City, 28 January 2016
Signed,
Leonardo Card. Sandri
Prefect

Signed
Cyril Vasil, S.J.
Archbishop Secretary