WHICH SIDE DO YOU THINK ERRS?

Last week, the Pastoral Committee of the Baptist Church of Mizoram held a meeting to follow up on the progress of the execution of the 2008 Assembly resolution 1.21.

The Assembly resolution passed seven years ago mandated pastors and ministers' wives to cease all full-time work by 2015. The rationale behind this resolution was for ministers and pastors to always be accompanied by their wives in their pastorates. In Mizoram, contrary to the principle of local church autonomy where local church pastors are employed by the local church, a centralised church administration appoints pastors throughout their ministry.
Due to severe complications that arose out of the Assembly resolution, the relationship between the Baptist church leaders and the affected pastors (often described as "victims") went from bad to worse.

Last November, the Pastoral Committee decided that those pastors and ministers whose wives did not resign from their full time jobs in obedience to the Assembly resolution would be deemed defiant and proposed to invoke the harshest one of the clauses of the church rules for disciplinary action - termination from service. An ultimatum was given and the concerned pastors were to submit their decision by August 31.

There was much angst in the months that followed the Nov 2014 Pastoral Committee meeting. However, majority of the affected pastors decided to stand up against what they believed was an unjust and ruthless church governance. Besides, much of their family life had already been aligned with their wives' ability to earn for their families. They stood their ground and hoped the Committee would come to understand that certain areas of their lives may not come under the authority and directives of the church, however well-intentioned it may be. They also believed that they have not been disloyal nor disobedient to the will of the church they have served for many years.

While the Committee expected them to submit letters of acquiescence, most of them stated their inability to do so. The Committee considered the letters on September 9 and after much discussion it stuck to its argument that the "excuses" of the pastors display an unwillingness to obey the 2008 Assembly resolution. A new deadline was given. 17 pastors/ministers will be expected by the Pastoral Committee to hand in their decision on whether or not they are going to be able to fulfil the Assembly resolution. They are instructed to submit their "real decision" to the General Secretary by October. According to the Committee, their decision could invite the disciplinary action clauses of the church rules. However, in a surprising change of tone, the termination of service was not mentioned this time.

The question of whether or not a committee under the Assembly, i.e., in this case the Pastoral Committee, has the power and authority to issue orders and rulings contrary to an Assembly resolution is a settled matter clearly written in the Constitution. Under the "Powers and Functions" of the Assembly which is the "highest council of the Baptist Church of Mizoram", "any decision taken by the Assembly may not be altered by any other committee." The words of the Mizo version is even more definitive. Committees under the Assembly simply donot have the authority to alter the decision of the Assembly. Only the Assembly can. This is to safeguard the legislative authority of the Assembly.

When the Pastoral Committee altered the Assembly decision or resolution 1.21 and gave ultimatum to the pastors, it acted in defiance of the Constitution.

The prohibition of pastors' and ministers' wives to work full time by the Assembly in 2008 also violates Chapter 3 of the BCM Constitution where the defense of human rights is codified as one of the objectives of the BCM. And the Indian Constitution Article 19 guarantees India citizens "to practise any profession, or to carry on any occupation, trade or business." The Assembly in 2008 erred on four known counts. It violated the BCM Constitution, The Baptist World Alliance Constitution, the Indian Constitution and the Universal Declaration of Human Rights.

The determined attempt to implement the unconstitutional 2008 Assembly resolution 1.21 only reveals the consequent violation of the BCM's own Constitution and the gross disregard for the only document, besides the Bible, from which all enumerated powers are given and exercised. Any exercise of power beyond that is either an innocently-misused authority or an abuse of authority.

The BCM Constitution states that the President shall preside over meetings of the Committees under the Assembly and "shall work according to the Church Constitution and Rules." The General Secretary who is the "chief administrator and chief executive functionary of the Church" is given the authority by the Constitution to "exercise the rules and regulations of the BCM."

The Baptist Church of Mizoram, under its Constitution, authorises the two very important offices of the Church to perform certain functions of the Church to further the cause of Christ's Kingdom on earth. When the clearly defined rules are not followed, misconstrued or abused the office holders are in contempt of the very law that authorises them to hold the office and they have become masters and not servants of the people that make up the church. 

There is provision for ministers and pastors to be reprimanded, disciplined and even sacked. However, there seems to be none in the Constitution for the officers of the church when they act in defiance of the trust given to them by the people through the Constitution.

The President presides Committee meetings and the General Secretary acts as the secretary of those committees. They are required by the Constitution in God's Name to exercise their authority within the confines of the Constitution.

Seventeen pastors are considered to be disobedient to the Assembly's resolution by the Pastoral Committee, a committee headed by the President and General Secretary, because they believe the Assembly passed an unconstitutional and unworkable resolution. The President and General Secretary, in direct contradiction to the powers and authority given to them by the church, has allowed, under their leadership, a profoundly unconstitutional agenda to destroy the working relationship of the church.

Which side, in your objective judgement, do you think errs? The pastors standing up against unconstitutional resolutions or leaders that exercise power contrary to their Constitutional obligation and mandate?

HUMAN RIGHTS LEH MIZORAM BAPTIST KOHHRAN

Khawvel pum huapa Baptist kohhran intelkhawm Baptist World Alliance (BWA) General Council Meeting July 6-12, 2014-a neihah khan Mizoram Baptist Kohhran aiawhin General Secretary Rev. H. Lianngaia a kal a. Chuta thurel lansar zual zinga mi BCM website-a tarlan te chu he'ng te hi an ni:

“1. Myanmar (Burma) intihduhdahna a lo tawp a, sakhaw zalenna a lo awm theih nana hma lak (Violence and Religious Liberty in Myanmar)

2. Khawvel hmun tina eirukna a lo reh theih nana hma lak(Resolution on Corruption).

3. Ukraine rama Russia duh leh duh lo kara buaina a lo reh theih nana hma lak.

4. America rama refugee tlan khawmte America sorkarin tha taka a lo enkawl theih nana palai hna thawh.

5. Turkey rama Kohhran hruaitute leh ringtu mimirte ringtu tha leh nghet, thih thlenga rinawm ni zel tura fuih thar lehna leh chak taka hma an lak theih nana hma lakpui”.

Engvangin nge Baptist kohhran ten PRISM buaipui corruption te, Pi Aung San Suu Kyi-i buaipui Burma rama mipui zalenna te, khawvel sawrkar lian buaipui Ukraine ram buaina te, UNHCR buaipui refugee te hi buaipui berah a neih kan tih chuan a chhanna chu hei hi a ni - He khawvela "Pathian ram a lo zauva, a lo ngheh a, a lo lan fiah deuh deuh theih nan" leh “Lal Isua, Remna Lal hi hmun tina Lal leh Chhandamtu a nihna puan chhuah a nih theih nan”  Krista taksa kohhranin, Lal Isua'n a takin a rinna a nunpui ang khan, a taka chet a tula kan hriat vang a ni.

Adama leh Evi sualnain a nghawng chu Pathian remruatna fel tak mai a tichhia kha a ni a. A tira Pathianin tha a tih em em kha a lo chhe zo ta vek a, engkim siamthar lehna phei chu Lal Isuan Lalram a rawn din thar leh hunah kan hmu dawn chauh a ni.

Sual hnathawh zinga pawi ber chu Pathian leh mihring inzawmna tihchaha a awm kha a ni a. Remruattu fel Pathianin thing anchhedawng kraws-a mihring leh Pathian inzawm leh theihna tur min buatsaihsak lo phei se chuan hringfate hian beisei tur kan nei lovang.

Sual hnathawh nghawng thalo em em dang leh chu Pathianin a duh taka amah anga a siam mihringten Ama hnen atanga kan dawn, Pathian anna nasa taka kan hloh leh kan in bawhchhiatsak tawnna hi a ni. Mihring hi zalen taka Pathian chibai buk leh amah pawl tura siam kan ni a. Chu zalenna chu Pathian hnen atanga kan neih a ni. Amah chibai buk duhloh zalenna pawh tiamin. Zalen taka Pathian chibai buk theihna tur daltu lian tak ni thin chu rorelna hi a ni a. Kohhran rorelna phei chu, history enin, mihring leh Pathian inkara tlazep lian ber a ni fo.

England rama Pathian chibai buktu thenkhata chuan an ram rorelna hnuaiah zalen takin Pathian chibai buk theiin an in hre lova. An pi leh pute atanga an ram chu chhuahsanin tuifinriat ral lehlamah awmhmun an zu khuar a. Vawiin thlengin, chu zalen taka Pathian chibai buk theihna khawvel siam duhna chu, America ram ropui tidanglam em em tu a ni. Zalen taka miin Pathian chibai a buk duhlohna pawh zau taka phal a ni bawk.

Kentucky state-a Rowan County clerk Kim Davis-i'n neih inang te "inneih certificate" ama hming ziaka a pek chhuah duhlohna chhan kha a rinna kalha a hriat vang a ni a. Supreme Court in a theih ti mah se, Supreme Court aia sang zawk lei leh van Pathianin a remruat ang nilo lo pawmpui kha Kristiante rinna nen inkalh tlata a hriat avangin Supreme Court judgement ang a zawm lova, US District Judge David Bunnings-a chuan a tantir ta hial a nih kha.

Immanuel Baptist Church, Pine Bluff, Arkansas leh Beech Street First Baptist Church, Gurdon, Texarkana pastor lo ni tawh thin, Arkansas Baptist State Convention President pawh lo ni tawh, Arkansas state Governor hlui, US President nih tum Mike Huckabee-a chuan a facebook status ah Sep 9 khan heti hian a ziak a:

“Today, I was proud to stand with Kim Davis as she was released from jail. Kim Davis should have never been locked-up for being a Christian and for following her conscience and the law...I refuse to sit silently as our Constitution is torched and the courts violate our fundamental rights...This shredding of the most fundamental civil rights of our citizens cannot stand. As president, I will fight for, and protect, the religious liberty of every American.”

Mimal leh Pathian inkar hi a thuk em avang leh sorkar inrawlh theihna tur nia an hriat loh avangin America ram din tirh khan an ram hruaituten an Danpuiah sakhaw zalenna ziakin an Danpui siambelh hmasak berah an lo humhalh tlat a. Hemi vang hian America rama Kristiante khuan sorkar in rinna chungchangah leh sakhuana thila a “kuang lo a nawr” nia an hriat chuan nghet takin an ding thin a ni.

US Declaration of Independence ziaktu Thomas Jefferson-a pawh khan kha document pawimawh tak a ziah khan mihring dikna chanvo te hi Siamtu Pathian hnen atanga kan dawn a ni tih chiang takin heti hian a ziak a: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights”

Judge Andrew Napolitano-a chuan mihring zalenna leh dikna chanvo te hi Pathian anpuia siam mihring ten phuara awm lo Pathian hnen atanga kan dawn a nih avangin chu’ng dikna (rights) te chu dan hmang lo chuan inrahbehsak emaw inbawhchhiat sak theih a ni lo tiin a lo sawi bawk a ni.

India ramah pawh Dr.Ambedkar-a kaihhruainaah he sakhaw zalenna hi fundamental right a ni tih Danpui duangtu te khan an pawm thlap a. Danpui Bung 15-na leh 25-naah chiang taka dah a ni. Fundamental right dang pakhat leh chu Bung 19-naah heti hian kan hmu a:

“(1) All citizens shall have the right (a) to freedom of speech and expression; (b) to assemble peaceably and without arms;...(g) to practise any profession, or to carry on any occupation, trade or business”

Heng human right, fundamental right ni bawk, te hi a tlangpuiin ram khatah chauh nilovin khawvel pumpuia pawm a ni. Universal Declaration of Human Rights hi khawvel pumpuia sorkar leh thuneitu pawl reng rengin an tlawhchhan a ni fo. Baptist World Alliance, Mizoram Baptist Kohhran pawh a telna, pawh hian a ngaipawimawh hle. A chhan chu Pathianin human rights hi a ngaihpawimawh vang a ni.

July 2014-a BCM General Secretary Rev H Lianngaia’n Mizoram Baptist Kohhran aiawha khawvel Baptist intelkhawm rorelna sanga BWA Constitution a zu pawmpui ah khan BWA objective pakhat heti hian a inziak a - “To act as an agency of reconciliation seeking peace for all persons, and uphold the claims of fundamental human rights, including full religious liberty.”

BCM Constitution Bung 3 naah, “mihring dikna (Fundamental Rights) humhalh leh

sakhaw zalênna vawnhim tlat te, mihring nun pumpui changkânna tûra thawh te, Pathian

thilsiam humhalh te, mipui rilru leh ngaihtuahna tichangkâng tûra zirtîr te, inthliar bîkna awm lo leh hlâwkna ngawt ûm lova khawtlâng thatna leh hmasâwnna tûra thawh” tiin Mizoram Baptist Kohhran chuan chiang takin a thiltum (Objective) a lo ziak a. He Constitution hi Mizoram Baptist Kohhran chuan Pathian rawng a bawlnaah leh ro a relna innghahnan a hmang mek a ni.

Zoramin a hriat angin Mizoram Baptist Kohhran chhungah 2008-a rorelna sang berin a lo rel vangin harsatna lian tak, kohhran buaina lian tak siam thei leh siam mek a awm a. He buaina hi rinna leh rawngbawlna emaw doctrine lam thila harsatna nilovin rorelna kal fuh lo thil liau liau a ni.

Kohhran rawngbawlna a lo chak zawk nana Baptist pastor ten bial an enkawlnaa an nupuite an hruai ngei theih hi, kohhran dang pawhin tha an tih dan a ni vek ang tih chu kan pawm tlang awm e. A tihhlawhtlinna tura rel tel an nupui te sorkar hna leh hna dang full time-a “thawh phal an ni lovang” tih kha a tirah agenda duangtute leh a pu lut tute leh a pawmtu ten an ngaihtuah kim lova. BCM Constitution, BWA Constitution, Universal Declaration of Human Rights leh Indian Constitution kalh a lo ni reng a. Tin, chu’ng zawng zawng ai pawha a kalh chian zawk chu Pathianin mihring dikna chanvo a pek hi a ni.

Pi Vanramchhuangi’n a rawn sawichhuah khan BCM hotute leh kohhran hruaitute zingah ngai hua tam tak an awm a. Thenkhat phei chuan Pathian rawngbawlnaah mihringin dikna kan sawi thiang lo tiin Krista pasal tha ni tura kan inpeknaah Pathianin kan dikna min humhalh sak tlat a ni tih an hmuthiam lova. Nasa taka mihring dikna bawhchhiatnaah hian Kohhran hi a thiamlo lian ber pawl a ni hial awm e, history kan en chuan.

Pu Buanga leh Sap Upa kohhran din, khawvel huapa Chanchin Tha rawngbawl hna thawk tura Pathianin a thlante zingah pawh tel, kawng hrang hranga Mizo hnam kaihruai tura mi rintlak hrualchhuaktu kohhran Mizoram Baptist Kohhran hi Pathianin a siam mihring te hnena a pek human right pawisa lo leh inkaihhruaina dan pawh bawhchhiat pawi ti lo leadership in a kaihhruai kan phal tur a ni lo. Hemi kawng zawh tur hian Mizoram Baptist Kohhran hi din a ni lova, Pathianin min kohna pawh a ni lo a ni.

BCM Puipate leh 2008 Assembly Thurel 1.21 bawhzuinaa mawhphurhna chang zawng zawng ten Pathian leh kohhrante hmaah mawhphurhna lian tak an nei. Chu chu rorelna dika rorel a ni. Pathian duhloh zawnga kohhran kaihruaitu te hian Pathian ropuina an thlen lova, Setana duhzawng – inpumkhatlohna – an thlen zawk a ni.

Zoramah Pathian kohhran tiphel phawk khawpa harsatna kan tawk fo tawh a. Pathian pawisalo inkaihhruaina (ungodly leadership) hian Pathian kohhranah hmun a chang tur a ni lo.

JUSTICE

Yesterday, I spoke with Rodney Ralte, Secretary to the Governor of Mizoram, to follow up on the email complaint I sent to the Governor on August 25.

The Secretary told me that the issue at hand is of serious concern to the Governor and that he was planning to meet with the Advocate-General. If there is no change of plan, the Governor will hold discussions with the Advocate-General today. After careful consideration of the law, the Governor will make a decision on whether Sections 10A and 9A of the Representation of the People Act, 1951 apply to the Chief Minister and the former Health Minister respectively.  According to the Constitution, the Governor's decision is "final" when it comes to the question of disqualification for membership of the Legislature.

Governor Nirbhay Sharma will deliberate with Advocate-General Biswajit Deb on the issue of whether Chief Minister Lal Thanhawla and his brother Lal Thanzara should be disqualified under the RP Act or not.

Although Article 165 (2) of the Indian Constitution does not specifically state that the Advocate-General's duty is to give advice to the Governor of the State, the military hero and thinker is understood to hold the opinion that a comprehensive consultation with the "Supreme law officer of the State" i.e. the Advocate-General, is beneficial in the discharge of his Constitutional duty.

I also spoke with Anuj Jaipuriar, Secretary, Election Commission of India shortly after I spoke with the Governor's Secretary and confirmed with him that the Election Commission of India has also received the email. According to him, the Governor is the appropriate authority to receive the complaint and the Election Commission of India will act on the behest of the Governor.

According to advocate C.Lalrinchhunga, Asst Secretary, Mizoram Bar Association, if Lal Thanzara is given the Sec 9A penalty, then Article 191 (1) (e) of the Constitution kicks in.

"A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State...if he is so disqualified by or under any law made by Parliament"

One understanding of this Article of the Constitution is that if the Governor disqualifies the former Health Minister and MLA for Aizawl North 3 constituency based on his asset declaration on 7th Nov 2013 and the Assembly papers revealing his factory's involvement in the supply of biscuits to the government which is a breach of Sec 9A of the RP Act, then Article 191 permanently disqualifies him from contesting elections.

However, another understanding of the law is that Sec 9A ceases to apply to the former MLA the moment he voluntarily resigned. It now appears that the night before Lal Thanzara tendered his resignation, he along with his brother and other close confidants, decided to take the option of him resigning not only from his ministerial post but also from the Legislature so as to avoid the penalty like the one meted out to Bahujan Samaj Party MLA Uma Shankar Singh and Bharatiya Janata Party MLA Bajrang Bahadur Singh who were disqualified by Uttar Pradesh Governor Ram Naik in January this year.

As for the Chief Minister, his public admission of an expenditure during the last election which does not seem to be recorded in his election expenditure declaration might very well put him under the strict scrutiny of Sec 10A of the RP Act which carries a penalty of disqualification for 3 years. Aam Aadmi Party candidate for the Mizoram Lok Sabha seat M.Lalmanzuala was disqualified under this law not because of corrupt practices but due to his failure "to lodge accounts of election expenses." The disqualification order was issued on 8th September 2014 by Anuj Jaipuriar, Secretary ECI. According to M.Lalmanzuala, whose reputation as one of the leading voices against corruption has inspired a generation, his newly joined party - Aam Aadmi Party - was understaffed to comply with the strenuous requirement of election account keeping.

The Governor is sworn to “preserve, protect and defend the Constitution and the law” and
has made a pledge to “devote [himself] to the service and well-being of the people of Mizoram.” The Advocate-General also has a Constitutional duty to "give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force."

According to www.elections.in, "The Election Commission of India (ECI) is a constitutional body responsible for administering elections in India according to the rules and regulations mentioned in the Constitution of India."

The highest Constitutional office holder in the State - the Governor - will consult the chief law enforcement officer of the State - the Advocate-General. Based on their fidelity to the Constitution that they are morally and legally obliged to uphold, they will decide whether the law applies to the State's longest serving premier and his apparent successor - his younger brother. And the nation's independent Constitutional body responsible for managing according to law the biggest show on earth - the Indian elections - will work with the Constitutionally-literate Governor of Mizoram.

If these two Constitutional offices --- the office of the Governor and the Advocate-General --- and the Constitutional body --- The Election Commission of India --- fail to correctly interpret and apply the law, they will have failed the people of Mizoram and the law the swore to uphold. If they, on the other hand, put the law above all else there will be joy in the hearts of all justice-loving citizens and non-citizens alike.

If things donot go accordingly, Supreme Court lawyer Prashant Bushan's suggestion - “Someone will have to move the courts seeking an investigation into all this" - may very well have to be taken up by the daring and those that hunger for justice.

May the Governor’s pledge to “devote [himself] to the service and well-being of the people of Mizoram” be evident at a time such as this.