(Lanka-e-News -17.Jan.2016, 11.30PM) The outcome of the agreements arrived at ,following discussions with the Mahanayakes of the three Nikayas had been presented in parliament ,however the government is not enacting any laws except that to give legal powers to the book of rules of the Nikayas ; and when it comes to resolving issues , those will be done by the Buddhist prelates themselves , minister of justice and Buddha sasana Prof. Wijedasa Rajapakse explained when speaking in relation to the registration of the draft of the ‘Therawathi’ book of rules for Bhikkhus.
The minister made these comments at a media briefing held on 14 th to reveal the cabinet decisions.
Every Nikaya , every sect has a book of rules pertaining to the discipline and conduct of Bhikkhus in order to prevent the annihilation of the Buddha sasana.Those rules have been framed on the basis of the Bhikkhu discipline stipulated in the Tripitaka.
The complaints made by the Mahanayakes that these rules do not have a legal clout were the topic of discussion for the last several years. For instance , though there is the post of leader of judicial sangha, nobody is empowered legally to take decisions. They are only nominal positions. In this connection since 2011 , the formulation of the draft was commenced. Under the last government this draft was prepared - the outcome of discussions held among leaders of all Buddhist Nikayas , all sects, and Buddhist monk registrars in Sri Lanka (SL) , who were empowered to hold discussions. After the shortcomings were subjected to improvement again , and after cabinet approval , the draft had been tabled in parliament.
The objective of this daft is : to empower and enable the mahanayakes and the sangha executive committees to take disciplinary decisions and action against the bhikkhus who violate the disciplinary rules or conditions stipulated in the book of rules that are now accepted by each Nikaya and each sect. Though decisions are taken even now , the maha sangha is not vested with the power to implement them.
The request made to the government was to give legal clout to the book of rules so that the decisions taken will have legal validity.
The preparation of the book of rules will not be made by the government. Those will be done by the relevant Nikayas and sects. The government will not be deciding on the actions to be taken against the Bhikkhus who have acted in violation of the disciplinary rules. It will only be giving legal power to the Mahanayakes to implement the decisions they take.
Discussions were held with the mahanayakes of the three Nikayas, and what have been presented in parliament are those on which there were concurrence. Only legal power is to be accorded to the book of rules . The government has not enacted laws. No laws are being enacted in respect of the Bhikkhus. It is the Bhikkhus who have to sort those out.
This draft had been brought forward with the concurrence of the Mahanayakes.If the maha sangha is proposing more amendments to this , at the executive committee meetings those can be taken up and wherever possible those shall be included, the minister went on to elaborate.
The four basic clauses in the book of rules formulated by the Bhikkhu executive committee which are to be included in the draft of Theravadhi Bhikkhu book of rules that is to be presented in parliament for registration , are hereunder ….
*Sangha executive committee composition and ,mandate
*A book containing mandatory conduct and disciplinary rules for Bhikkhus
*The manner in which an inquiry shall be conducted into pertaining to breach of discipline and misconduct of a Bhikkhu
*Punishment that shall be meted out in such cases of transgressions.
Some clauses in the proposed enactment that can be included in the Bhikkhu book of rules…
*Engaging in occult science or activities akin to it , and giving publicity when carrying out such activities.
*Engaging in trade and business activities
*Obtaining driving/riding licences and driving /riding vehicles
*Employment in state and private Institutions apart from participation in educational , social and religious activities .
*Conduct that is incompatible with the Bhikkhu order and discipline in public places.
The 7 punishments in the Bhikkhu book of rules are incorporated in the proposed enactment . Though these are already there , the Nikayas have no legal power to give effect to them.
*Temproray dismissal of a Bhikkhu from a Vihara where he is working.
* Permanent dismissal of a Bhikkhu from a Vihara he is working
*Temporary dismissal from the chief incumbent post
*Permanent dismissal from the post of chief incumbent
*Dismissal from the post of student monk
*Dismissal from the relevaNt Nakaya or sect.
*Cancellation of registration as a clergy .
Bhikkhus who are charged with having acted in breach of the provisions of the book of rules that has been registered , must abide by the decisions taken by the Sangha sabha. Bhikkhus who disobey the decisions of the executive committee will become liable as wrongdoers under this enactment , and in the case heard before the magistrate he becomes liable to a fine not less than Rs. 50,000.00 or a jail sentence not less than six months.
This enactment also bars such Bhikkhus who are facing charges or found guilty ,from joining another Nikaya or sect , and another Nikaya or Sect is also prohibited from taking them .
In the document handed over by the people to the UNP to steer the government of good governance to victory at the elections of 17th August 2015 , it is stated thus : ‘The Therawadhi Buddha Dharma Sangayanawak is to be held in the Buddhist year 2561 or in the Christian year 2018 and ,let us start that with next year.’ This is the beginning.
The lay Buddhists were angered during the recent past over the conduct of the crooked and Bhikkhus and their hooliganism ,as they were aware of the monumental harm and damage that were being caused to true and pure Buddhism and the ‘Supeshala Bhikkhus’
In any event , as expected , the corrupt and hooligan Bhikkhus , as well as villainous scoundrels have mounted opposition against this draft . Galagoda Aththe Gnanassara who pleaded guilty in court and was fined Rs. 15000.00 on charges of drunken driving and colliding with a three wheeler has said , in the future , no matter the circumstances and charges , he has decided not to appear in court , despite the fact that being a monk and a citizen he should be more concerned about laws and obedience to them. Similarly , another monk Bengamuwe Nalaka of the same ilk , who fasted in support of the Ekneliyagoda murderers had said , he would see that the parliament is surrounded if this bill is passed.
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by (2016-01-17 21:35:20)
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This is horrific. This might seem fairly innocent and even timely, for the moment. But what it sets precedent to is something far much sinister. These leaders of the said sects are not above the word of the Lord Buddha, and their individual guidelines(of the sects) often contradict to the codes of Vinaya. Ultimately those who do abuse the robe will end up finding loopholes and escape, and immoral Bhikkus will use these positions of authority to harass others based on personal vendetta. For us, we will end up in a secular state ridden with cult like dogma, rendering this nation inhospitable for truly practicing Bhikkhus. Nothing can be further away from what Lord Buddha taught. Not to forget all of these is completely unconstitutional.
-- by Concerned Laity on 2016-01-20
