Nun in Kerala debarred from practicing law in spite of being law graduate

Thiruvananthapuram – A Catholic nun in Kerala, who has been debarred from becoming a lawyer in spite of being a law graduate, has hauled the Bar Council of Kerala to the High Court, Christian Today has confirmed.

The governing body of lawyers in Kerala, the Bar Council of Kerala, has categorically stated that its rules do not allow people like priests, nuns and sanyasis (Hindu ascetics and monks) engaged in religious activities to become advocates.

However Sr. Teena Jose is determined to enroll herself as a lawyer and has decided to fight the Bar Council's decision, which, according to her, is "discriminatory and arbitrary."

"I will fight it out. In India, every citizen has a right to take up any profession. I cannot be denied permission to become a lawyer only because I am a nun," said the nun, who belongs to the Congregation of Mother Carmel in Alleppy district, Kerala.

The nun's struggle for what she calls "professional justice" began when the Bar Council of Kerala rejected her enrolment application early this year, ruling that as a religious person, she is engaged in another profession and thus cannot enroll as a lawyer.

Sr. Teena, a law graduate from Mahatma Gandhi University in Kerala, argued before the Bar Council's enrolment committee that she was not engaged in a salaried job or profession, and that she was simply following a religious lifestyle.

Hurt by the Bar Council's decision, Sr. Teena filed a petition in the Kerala High Court seeking its intervention in the matter, arguing that the Council's decision is "illegal, arbitrary and an infringement of the Constitution of India.” In her petition, she also sought a declaration that religious priesthood was not a profession and that she, a religious nun, should be allowed to enroll.

Justice K. Balakrishnan Nair, who heard her plea, directed Sr. Teena to implead the Bar Council of India also in the case. A notice has been sent to the Bar Council of India in this regard.

According to Wilson Urmese, the lawyer who is fighting the case on behalf of the nun, it is shocking that the Bar Council of Kerala has refused to allow the nun to become a lawyer.

"Article 19 G of the Indian Constitution guarantees a person to carry out any business or trade as he or she likes. Here there is a clear infringement," he said.

“There are many priests and nuns across India who are enrolled as lawyers. Our case is very strong and I am sure the Bar Council of India will hear our plea," he said.

The Bar Council's Advocates Act or Rules do not impose restrictions on nuns or other religious persons becoming lawyers, Christian Today has confirmed.

Bar Council of Kerala chairperson K.B. Mohandas, who has maintained silence over the matter, refused to comment as the matter was sub judice. However, according to him, a selection and enrolment committee scrutinizes all applicants and generally all the rejected applications for enrolments are forwarded to the Bar Council of India (BCI) for approval. And, since the nun has filed a case, her case has also gone to the BCI, he said.

Meanwhile, since the matter is sensitive, the Church has advised the nun to keep away from media glare till the matter is settled.

However, the Catholic Church in Kochi is already up in arms against the Bar Council’s decision and has termed it as arbitrary, illegal and violative of the Constitution.

According to Fr. Paul Thelekkat, spokesman, Kerala Catholic Church, the Bar Council is confusing religious profession with other professions where one draws salary. "This seems to be a matter of discrimination on the basis of law, on the basis of religious practice which I think is against the Constitution," he said.

Interestingly, in Kerala, many priests and even nuns have enrolled as advocates in the past and some are even in the practice.

Meanwhile, the Bar Council of Kerala continues to defend its action.

When asked why the council allowed priests and nuns to enroll as advocates in the past, Sadananda Prabhu, member enrollment committee, Bar Council of Kerala, said, "Earlier it didn't occur to us. We don't say they have committed any illegality earlier and this time we are impartial. Earlier on two occasions we have allowed. But it didn't occur to the committee the possible fallout of such a situation."

With Sister Jose's petition now before the high court, all eyes are set on the verdict.

According to legal experts, if the court upholds the decision of the Bar Council of Kerala, then the priests and nuns who got enrolled earlier would lose their license. And, in case its decision is quashed, then the Council will maintain the status quo.

Whatever the outcome, the court's decision will have wide ramification across the state and perhaps, the nation.