Bhikku Vinaya a la Sri Lanka, under threat from new Code-of-Conduct Bill: PHU

By Chandani Kirinde-Sunday, January 24, 2016

A proposed law which makes it a punishable offence for members of the Buddhist clergy to act in breach of their code of conduct, has run into trouble, even though the Ministry of Buddha Sasana insists the law was drafted with the blessings of the chief prelates of the country’s three main Theravada Chapters (Nikayas).

Since the Theravadi Bhikku Kathikawath (Registration) Bill was presented to Parliament earlier this month, its Constitutionality is being challenged in the Supreme Court, while concerns have been raised from various quarters about the proposed legislation.

Pivithuru Hela Urumaya (PHU) Shasanika Secretary, Biyagama Suseela Thera who has petitioned the Supreme Court challenging the Constitutionality of the Bill, told the Sunday Times that, this is an attempt to restrict members of the Buddhist clergy and the temples, and stifle their freedom to be involved in issues of national interest, as well engage in activities that Buddhist monks have been traditionally engaged in for centuries.

“There is a clause pertaining to a Bhikku engaging in or carrying out occult practices or similar activities, then, even a Bodhi Pooja can be interpreted as an occult practice.

Similarly, monks have been traditionally casting horoscopes for centuries, while such laws will restrict such activities too,” he said.

Suseela Thera also said the clause that stops monks from engaging in activities unsuitable for a Bhikku, in a manner contrary to Bhikku Vinaya in public places, could be used to prevent members of the Buddhist clergy from coming forward and speaking out when national interests are at stake.

“Parliamentarians are not suitable in any manner to make laws that dictate Bhikku Vinaya. At present, there are rules within the Nikayas on how to punish those who breach the code of conduct for monks, and these are adequate,” he said.

The proposed Bill provides for the formulation and registration of Kathikawath in relation to Nikaya or Chapters of Theravadi Bhikkus in Sri Lanka, and provides for every Bhikku to act in compliance with the provisions of the Registered Kathikawath of the respective Chapter, and to impose punishment including fines and prison terms on Bhikkus who act in violation of the provisions of any Registered Kathikawath.

The code of conduct and discipline is expected to contain provisions pertaining to a Bhikku engaging in or carrying out occult practices or similar activities and giving publicity to such activities; involving in trade or business activities; obtaining driving licences and driving vehicles; engaging in any employment in the public or private sector other than in the fields of education, social services or religious affairs; and engaging in activities unsuitable for a Bhikku in a manner contrary to Bhikku Vinaya in public places.

Secretary to the Ministry of Buddha Sasana Wasantha Ekanayaka said, even though the Bill was presented to the House recently, the need to register the Kathikawath in relation to the Nikayas or Chapters of the Theravdi Bhikkus in Sri Lanka has been under discussion for several decades.

“The Chief Prelates of the different Nikayas were consulted regarding the Bill and they approved of it. It is a self-governing system which each Nikaya will implement according to their codes of conduct,” he said.

Meanwhile, adding to the debate regarding the proposed legislation, there was a directive by President Maithriapala Sirisena this week, to refer the Bill to the Maha Nayake Theras to get their feedback, before any steps are taken to pass it in Parliament.

The President said the Government will not undertake any task opposed by the Maha Sanga. “The Government is always ready to listen, not only to the ideas about the Bill on Bhikku Discourse, which is being debated now, but also to any contrary ideas of the Maha Sanga regarding other activities of the Government,” he said on Thursday at a religious ceremony held to unveil the pinnacle of the newly built Dagoba of Sri Premarathne Buddhist Centre in Thilaka Udagama in Baddegama.

The Supreme Court will take up for hearing on Tuesday the petition that has been filed challenging the Bill.