The penal discipline of the Church is a matter of relationships. The ecclesiastical authority try through the penal procedure to re-establish the relationships broken by the crimes of certain members of the Church. In order to accomplish this scope, a relational approach in the exercise of penal power by the authority is necessary. St. Paul’s exhortation to correct one not as an enemy but as a brother (2Thess. 3: 14-15) tells everything about this relational approach in the penal discipline of the Church.
The purpose of canonical penal law is clearly stated in CCEO canon 1401: “Since God employs every means to bring back the erring sheep, those who have received from Him the power of loosing and binding, are to treat appropriately the illness of those who have committed offenses, by correcting, reproving, appealing, constantly teaching and never losing patience, and are even to impose penalties in order to ensure that the wounds inflicted by the offense may receive a cure and to preclude the offender from being given to dissoluteness of life and contempt of the law.” This theological nature of canonical penal law and the medicinal intention of the Church in the application of penalties will be more effectively communicated if there exists a good relationship between the ecclesiastical authority and the one who is punished. However, today, the aftermath of a penal process often raises contempt, disunity or disorder in the Body of Christ. The judicial processes often generate prolonged animosity in the punished towards the ecclesiastical authority. One of the reasons for this negative reaction from the part of the punished seems to be the absence of a good relationship between the subject and the ecclesiastical authority who applies the penalties.
The proposed relational approach is relevant and necessary “before,” “during” and “after” a penal process. The “before” refers to the general context of relationship that exists in a particular Church among the ecclesiastical authority, clergy, religious and faithful. All relationships occur in a context. The effectiveness of the relationship that the ecclesiastical authority and the community try to establish with the offender through the penal procedure presupposes a context of relations. In a context of indifference, authoritarian tendencies, partiality, abuse of power, etc. from the part of the ecclesiastical authority, the application of penalties would bring more harm than the conversion of the offender. Where the faithful fails to appreciate the Church leadership and views the authority with suspicion, the application of penalties has a very limited effect and can be even counterproductive. The side-effects of certain medicine are often unpredictable and even fatal than the disease itself. On the other hand, in an ecclesial environment of cordial, interpersonal relationship of caring and cooperation towards a common goal among the authority and the faithful, the exercise of the coercive power would be more appreciated and thus may become more effective. The context of interpersonal relationship helps the offender to realize the good intention behind the ecclesiastical punishments.
The relational approach has a special relevance “during” the penal procedure. Evangelization is a question of relationships and the application of penalties is an extraordinary occasion for proclaiming the fatherly nature of God. For all those who are involved in the penal process, the ecclesiastical authority, the tribunal personnel, the accused, the victims, etc., it should be a moment of experiencing the love of God. Whatever be the role one has in the process, it should help him for his salvation. The one who applies the penalties is called to salvation as well. His salvation depends on how he administers justice. The conversion of the offender is facilitated by the richness of the relations that others may have with her/him during the process.
This relational approach should extend even to the post-punishment period. As the medicinal approach focuses on the conversion of the offender, continued assistance to the punished is essential. St. Paul asks the Corinthians to reaffirm their love for the offender who is punished and to pray for him (2 Cor. 2:8). The authority should be happy only when the punished person is reconciled with the Church. Often the policy followed in the Church is that, in the name of common good, the bad apple is thrown out from the basket to impede the contamination of others and to satisfy “the public’s punitive hunger”, and it is left to its own destiny.
The relational approach in the exercise of the penal power in the Church has a special relevance in the present situation of the Syro Malabar Church. In a context of broken relationships and widespread mistrust among the bishops, clergy, religious and faithful, the application of penal measures will not produce the desired medicinal effect. When the credibility of the authority is under suspicion, any penal action from its part would give the punished an aura of martyrdom. When the so-called disobedience of the clergy and faithful is a reaction to the wrong decision and actions of the authority, the way out is not penal measures, but collective search in dialogue for truth and justice. Therefore, the relational approach in the exercise of penal power in the Church first demands steps for reconciliation, rather than the establishment of special penal tribunal.
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