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Dangers of Legal Ministry by
Christian Priests & Nuns
In India,
there are about 90 nuns and 15 priests who are law graduates and have accepted
legal practice as their ministry. They think that law is an effective
instrument for helping people and that it is an important avenue by which they
can bring the good news to the poor. However, it has been observed that the
lawyer priests and nuns do not work as an individual advocate, but through
various NGOs, Associations or Women’s Groups that have been formed by them. Two
years ago, during a seminar at Guwahati (Assam), organised by the
Jesuit-run Legal Cell for Human Rights (LCHR), the lawyer priests and
nuns expressed their disappointment that support of the Church was not
forthcoming for them.
However,
there are legitimate apprehensions on the part of the Church and the laity on
the functioning of the religious lawyers. It is true that the legal ministry is
a relatively new area and therefore the religious men and women need to tread
on the path cautiously as there are certain inherent dangers.
The lawyer
priests and nuns are not like other lawyers. They also function as priests and
nuns. Sometimes, they are directors, in-charge of or head of some NGO,
Association or Women’s Group. Their institutes, NGOs are also registered with
the government under various laws and that they receive donations and funds
from various sources. Hence, the lawyer priests and nuns are required to follow
the cardinal principle of natural justice.
A lawyer priest or nun should never get swayed
by the story of a “victim” who approaches them first, but need to hear the
other side of the case from the person against whom the “victim” has complained
and then impartially decide the further course of action.
There are
cases where in a dispute between two Christian families, a religious lawyer has
sided with one party without hearing the other side of the story from the other
Christian family. This is highly objectionable as the priests and nuns
belong to the whole Christian community and they are treated with respect
because they are considered living a higher spiritual level of life above the
laity. However, partisan actions of priests and nuns create bitterness
in one of the two Christian families.
Also, lawyers
are required to be active full time and available to the clients. They are also
required not to be preoccupied with other duties. Hence, as per guidelines of
the Bar Council of India, a lawyer cannot be a Managing Director of a company. However,
the religious lawyers do not practise law full time and have to carry out their
other assignments as religious priests and nuns. Due to this, they are not
always available to the clients and court cases get delayed. This is against
the code of ethics for advocates issued by the Bar Council of India.
The religious
lawyers often say that they are not practising law for money, but as a service
to the poor. But, the religious lawyers work as a head of some organisation,
institute, NGO etc. and they get donations, funds from various sources,
including funds from abroad. This can also be viewed as a way of making money
in a clever manner.
The religious
lawyers are also found to be harbouring certain ideology and this makes them
biased and one sided. For example, the nun director of an NGO, claiming to be
working for women empowerment, thinks that only women are being harassed and
wronged by their husband or in laws and men are always wrong. But it is not
true. Some ultra-modern brides are very proud and behave arrogantly and
disrespectfully with their in laws. Also, taking up cases of women only is
against the code of ethics for advocates issued by the Bar Council of India.
The Supreme Court has ruled that a lawyer cannot refuse a brief provided the
client is willing to pay the lawyer’s fees and the lawyer is not otherwise
engaged. The religious advocates also get emotionally involved in the cases and
treat the opposite party with disdain, much against the code of ethics for
advocates issued by the Bar Council of India. When there is a dispute between
two Christian families, the religious lawyers should be impartial and neutral
and try to find amicable settlement in the dispute, keeping in mind the words
of Jesus, “Blessed are the peacemakers, for they will be called children
of God” (Mathew: 5:9). If the religious lawyers fail to maintain
dignity of their vocation as priests and nuns, there is every possibility that
they will be blamed for creating discord within the community.
Hence, the
religious lawyers, i.e., priests and nuns advocates, must perform as mediators
or arbitrators only. If they want to practise law in courts, then they must
quit religious life and practise full time law.
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