The Baptist Church of Mizoram is currently under consideration of the Mizoram State Women's Commission for the alleged violation of the Indian Constitution when it voted to prohibit all pastors' wives' to work full time back in 2008 and reaffirmed in 2015 at the church Assembly.
There has been numerous debates and discussions surrounding the issue with no apparent resolution. One of the arguments for the decision of the church is Article 26 (b) of the Indian constitution that says "every religious denomination or any section thereof shall have the right...to manage its own affairs in matters of religion." This right enshrined in the highest law of the land not only shields churches, mosques and temples from interference from the government or other entities hostile to them but also guarantees their freedom to do what they believe is according to their faith. Every person of faith should be thankful this is not North Korea!
There has been numerous debates and discussions surrounding the issue with no apparent resolution. One of the arguments for the decision of the church is Article 26 (b) of the Indian constitution that says "every religious denomination or any section thereof shall have the right...to manage its own affairs in matters of religion." This right enshrined in the highest law of the land not only shields churches, mosques and temples from interference from the government or other entities hostile to them but also guarantees their freedom to do what they believe is according to their faith. Every person of faith should be thankful this is not North Korea!
The other argument is that pastors' wives have the right under Article 19 (1) (g) to "to practise any profession, or to carry on any occupation, trade or business" and that the church cannot violate the fundamental right of these women which is also enshrined in the same constitution save for their consent. The church can and may try to convince them to quit their jobs if it truly believes their employment in the government is causing their husbands (pastors) to hinder the ministry of the church. That would fall well under what is normal management of church affairs and it would also be constitutional. But the fact that the church resolution explicitly prohibited these women to work has become a legal and even constitutional issue, something the church never expected.
Last year, Human Rights and Law Network supremo Vanramchhuangi wrote an article suggesting the violation of human rights for the first time. Guess what the reaction was!
Can the church or for that matter any religion use the guise of religious practice and Article 26(b) to make any rule even if it clashes with the provisions of the constitution? According to the Supreme Court bench headed by Justice Dipak Misra, religious denominations have to have constitutional rights to do so. If and when religious rules clash with constitutional rights, the consent of the subject may save those rules from being dismissed. In other words, if people choose to conform to religious rules it is their freedom to surrender their constitutional rights. If these pastors' wives choose to stop working full-time, it is upto them. But if they prefer to keep their jobs and serve the church through their chosen profession, the church needs to find a constitutional ground or religious doctrine to back up its prohibition.
So far, there has been none.
Last year, Human Rights and Law Network supremo Vanramchhuangi wrote an article suggesting the violation of human rights for the first time. Guess what the reaction was!
Can the church or for that matter any religion use the guise of religious practice and Article 26(b) to make any rule even if it clashes with the provisions of the constitution? According to the Supreme Court bench headed by Justice Dipak Misra, religious denominations have to have constitutional rights to do so. If and when religious rules clash with constitutional rights, the consent of the subject may save those rules from being dismissed. In other words, if people choose to conform to religious rules it is their freedom to surrender their constitutional rights. If these pastors' wives choose to stop working full-time, it is upto them. But if they prefer to keep their jobs and serve the church through their chosen profession, the church needs to find a constitutional ground or religious doctrine to back up its prohibition.
So far, there has been none.
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