C S CHACKO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a practising Christian and has filed this case with the following prayers:

(2.) The petitioner contends that the sacramental confession as a condition precedent for fulfilling the spiritual and temporal needs of a Christian, violates the petitioner's right of privacy and his guaranteed rights under Article 21 and 25(1) of the Constitution of India. He submits that imposing of implied or expressed compulsion on a member of the church to confess the sins before the priest, is nothing but infringement of the right to privacy.

(3.) The respondents 3 to 7 churches are generally known as apostolic churches, having their own constitution and set of laws to regulate the temporal and spiritual activities of the church, but they all follow and believe in Jesus Christ. The utmost aim of the Christian Church is the spiritual fulfillment of its laity. The respondents 3 to 5 are Catholic churches in India, who have the Pope as the Superior Head. They function as per the 'Code of Canon Law'. On the other hand, the respondent 4 and 5 churches function under the 'Code of Canons of Eastern Churches (Oriental Law)'. The relevant pages of the Code of Canon Law is marked as Ext.P1 and that of the oriental law as Ext.P2, in the proceedings.