In the wake of a Catholic nun levelling charges of rape against a bishop last month, various Catholic organisations have accused the Church of failing to ensure justice for victims of sexual abuse. This despite the Church having framed a document titled “Guidelines to deal with sexual harassment at the workplace” in 2017, they say.

On June 27, the nun filed a police complaint accusing the head of the Jalandhar diocese, Bishop Franco Mulakkal, of raping her 13 times between 2014 and 2016. A member of the Jalandhar-based Missionaries of Jesus congregation, the nun claimed the bishop had raped her at a convent in Kuravilangadu, Kerala, where she was stationed. She also said she had no choice but to go to the police after Church authorities ignored her complaints and took no action against the priest. Denying the charges, Mulakkal has accused the nun of taking revenge on him for ordering an inquiry into a complaint that she was having an affair.

The Catholic Church was rocked by a similar controversy in February 2017 when a priest, Mathew Vadakkancheril, from Kannur in Kerala was arrested for raping and impregnating a 16-year-old girl, who later gave birth to a child. The priest is facing trial under the Protection of Children from Sexual Offences Act. Two nuns were also arrested for allegedly trying to hush up the matter even as the victim’s father accused Church authorities of forcing him to confess to the crime to shield the priest.

Published by the Catholic Bishops’ Conference of India on September 14, the guidelines aim to provide a safe work environment for women in organisations under the Church and suggest ways to deal with offenders. But many members both of the clergy and the congregation said they have never heard of these.

In this backdrop, leading Catholic personalities submitted a memorandum to Catholic Bishops’ Conference of India president Cardinal Oswald Gracias last week urging him to take steps to create awareness about the guidelines. Signed by 74 lay persons, 74 nuns and 28 priests from across the country, the memorandum also demanded that structures and procedures to deal with sexual abuse cases be put in place, and that the cardinal recommend to the pope that the accused bishop be relieved of his pastoral responsibilities.

The guidelines

According to the guidelines, every diocese or province of a religious congregation that employs 10 or more people must form an internal complaints committee. The guidelines lay down the composition of the committee, procedures for registering complaints, methods of investigation, and ways to report to higher authorities.

After accepting a complaint, the internal committee is advised to listen to both the complainant and the accused, and complete its inquiry and submit a report to a diocesan or provincial complaints committee within three months. The diocesan and provincial committees must act on the report, with the consent of the bishop or provincial superior, within 90 days.

The guidelines were issued in September 2017.

Lack of clarity, awareness

In the wake of the nun’s allegations, many have asked if convents and religious congregations can be defined as workplaces, and whether the guidelines would apply to them.

Virginia Saldanha, former executive secretary of the Federation of Asian Bishops’ Conferences Office of Laity and one of the signatories to the memorandum, said there should be no confusion as “of course, convents are the places where nuns work”.

Jose Kavi, editor of Matters India, a website that prominently covers Church-related matters, agreed. “There is no doubt that nuns will come under the guidelines,” Kavi said. “It [convent] is their work place.”

The guidelines came with a message from Cardinal Baselios Cleemis, president of the Catholic Bishops’ Conference of India at the time, asking priests, religious and lay leaders to implement the policies in their fields of service. Yet, a year on, the majority of Catholics are ignorant about the document. “Not many people know about the CBCI’s guidelines to deal with sexual harassment at [the] work place,” said Saldanha.

Several priests too told Scroll.in, on condition of anonymity, that they had not heard of the guidelines.

Saldanha added, “The Church should inform the public about it. Rules should be formulated to protect people and not to hide from them.”

Kavi, too, said “the Church should inform the public and priests about the guidelines” and strictly follow these.

No church action

Many say the nun’s case shows the need for greater transparency and a more assertive role by the Church in dealing with incidents of sexual abuse.

In an interview to the Malayalam newspaper Mathrubhumi, the nun said she approached the police after her complaints to Ernakulam-Angamaly Archbishop George Alencherry, Bishop Joseph Kallarangatt, who heads the Pala diocese in Kerala, and the mother superior of her congregation did not result in any action against the accused bishop.

Alencherry’s office denied the nun’s claims, but on Sunday she released a copy of the letter she had written to the cardinal on July 11, 2017.

The first page of the nun's letter to Archbishop George Alencherry.

Vaikom Deputy Superintendent of Police K Subhash, the investigating officer in the case, said on Saturday that Kallarangatt had given a statement saying he had received a complaint from the nun.

The nun claimed that in response to her complaint, her mother superior had issued her a warning letter. “The letter described me and those who are supporting me as rebels who are trying to tarnish the image of the bishop,” she said.

Saldanha said the Church’s inaction raises many questions. “Are they aware that there existed guidelines to prevent sexual abuse at Church-run institutions?” she asked. “Are they aware of the seriousness of her complaint and have their dioceses put structures to implement the guidelines?”

According to Kavi, the nun’s experience shows the Church wanted to silence the victim. “It is not a healthy practice,” he said. “The Church [in India] should learn how the Church in the United States and many European countries went bust after they covered up sexual abuse cases. The Church should weed out the menace instead of covering it up.”

Father Augustine Vattoli of the Ernakulam-Angamaly archdiocese said he did not understand why Alencherry had not responded to the nun’s complaint. “It is the duty of a priest to stand with the victim and get them justice,” he said.

The memorandum exhorted the Church leadership not to take a silent or indifferent stand while dealing with allegations of sexual abuse, and also to be more attentive to the selection of candidates for priesthood.

Saldanha said times are changing and the Church must change as well. “In the past, one could come out easily by putting the blame on women,” she said. “It is high time the Church changed its ways to deal with sexual abuse cases. Else, it will lose its credibility.”

The spokesperson of the Catholic Bishops’ Conference of India did not respond to Scroll.in’s requests for comment.