Politicised by some quarters, challenged by hard-line
Bhikkhu fronts:
Kathikawatha heading for controversy
by Uditha Kumarasinghe
A Theravada Bhikkhu Kathikawatha Bill, proved elusive for the past
few decades, is back in the spotlight with the National Unity Government
presenting to Parliament, a Bhikkhu Kathikawatha Bill, drafted with the
advice and guidance of the Maha Sangha.
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Secretary, Patriotic Front, Ven.
Bengamuwe Nalaka Thera |
Chancellor, University of Sri Jayewardenepura, Prof. Ven.
Bellanwila Wimalaratana Anunayake Thera
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Leader,
Jathika Hela Urumaya (JHU), Ven. Omalpe Sobitha Thera |
General
Secretary, Bodu Bala Sena (BBS), Ven. Galagodaaththe
Gnanasara Thera
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Mahanayake,
Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha, Ven.
Iththepane Dhammalankara Thera
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Presented by Chief Government Whip and Minister of Parliamentary
Reforms and Mass Media Gayantha Karunatilake, recently, the Bill seeks
to formulate a code of conduct for Bhikkhus with provisions for imposing
penalties and punishment on errant members.
Earlier, President Maithripala Sirisena had assured the Bhikkhu
Kathikawatha Bill will be presented to Parliament after approval and
that amendments will be made with the consent of the Mahanayake Theras
of the three Nikayas.
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Justice and Buddhasasana
Minister Dr. Wijeyadasa Rajapakshe |
Predictably, the Bill has met with stiff opposition from several
quarters, including some prominent Bhikkhus, hard-line Buddhist
movements and Opposition MPs.
The Sunday Observer spoke to a cross section of erudite Bhikkhus and
laymen about the Bhikkhu Kathikawatha Bill. Some of them agreed it was a
timely move, while others said lapses should be rectified before
redrafting it.
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Former Vice Chancellor of
the University of Sri Jayewardenepura, Prof. Chandima
Wijebandara |
The Chancellor of the University of Sri Jayewardenepura, Prof. Ven.
Bellanwila Wimalaratana Anunayake Thera, said most members of the clergy
and laity had not understood the Bill and that some of them felt laws
would be imposed on Bhikkhus, which is not true.
He said, over the past two and a half decades, the Mahanayake Theras
had discussed drafting a Bhikkhu Kathikawatha and attempted to legalise
it. "All Nikayas have drafted their own Kathikawathas and these need to
be legalised. Each Kathikawatha spells out the punishment that could be
imposed on a Bhikkhu, if he violates the code of conduct of his Nikaya,"
the Ven Thera explained, but pointed out that the government and the
minister in charge had erred by not showing the final draft of the Bill
to the Mahanayake Theras.
"There were shortcomings and if these are omitted and the Bill is
re-drafted, it would ensure the future progress of the Buddha Sasana,"
he said, stressing that the Bill will not create a rift in the Sasana.
Nothing wrong with the Bill
However, he regretted that some Bhikkhus, the laity and politicians
were politicising the issue. "The Bill has been drafted with the
approval of all Mahanayake Theras but the final draft was not shown to
them. This issue should not be politicised."
The Mahanayake of the Kotte Sri Kalyani Samagri Dharma Maha Sangha
Sabha, Ven. Iththepane Dhammalankara Thera, said he could not find
anything wrong in the Bhikkhu Kathikawatha Bill. Pointing out that
during the previous government, each Nikaya formulated its own
Kathikawathas, he said the current Bill had been formulated on these
Kathikawathas and if there are any shortcomings they can be rectified
and passed in Parliament.
He said, all Bhikkhus should protect the Buddha Sasana. To achieve
this objective, there is an urgent need to bring an Act after a
Kathikawatha or dialogue.
The former Vice Chancellor of the University of Sri Jayewardenepura,
Prof. Chandima Wijebandara said the Bill would help the Sangha make
decisions regarding the violation of the code of conduct of Bhikkhus.
However, he felt the divided opinion among Bhikkhus regarding the Bill
was a problem which needed to be sorted out.
"When Bhikkhus are divided, it is difficult to implement the Bill.
The government should give adequate time for Bhikkhus to discuss this at
different fora," he said, explaining that each Nikaya has its own
Kathikawatha, but that none have the clout to implement it. The
government, he said, should help them to implement their own
Kathikawathas.
He said legislation should be passed only to implement the decisions
taken by Sanghadhikaranas.
On the issue of driving licence for Bhikkhus, he claimed there was
nothing wrong in a Bhikkhu wanting to drive as it was not against the
Indriya Sanwaraya.
"If the government bans driving licences for Bhikkhus, it would
deprive them of their basic rights. Even the British Government never
resorted to such laws. Technology has also given them a certain edge and
privileges, which should be acknowledged. At times, it might create more
problems than driving a car," he said, suggesting more time be given to
Bhikkhus to discuss the issue.
Primitive and non-transparent
Secretary National Sangha Council (NSC), Ven. Pahiyangala Ananda
Sagara Thera, said the proposed Bill was primitive and was similar to
the Kathikawathas in the Dambadeniya, Polonnaruwa and Kandyan eras. The
proposal regarding the Bhikkhu Kathikawatha, he pointed out, had come up
during the Sambudhdhatwa Jayanthi, and said the NSC was of the view the
Bill should be discussed with the Mahanayaka Theras of the Three Nikayas.
Claiming that the reference to Bhikkhu indiscipline in the Bill was
not transparent, he cautioned that if Bhikkhus participate in a
Sathyagraha, this too could be construed as indiscipline, which would
then prevent Bhikkhus from resorting to any action against anti-social
activities. "If it is an attempt to prevent Bhikkhus from conducting
even a Sathyagraha, it is a violation of their Fundamental Rights," he
pointed out.
Emphasising that the Bill needs to be amended, he said the NSC would
present a memorandum to the Mahanayaka Theras as the Bill has created a
controversy within the Sangha.
"We see this as an attempt to create unnecessary problems within the
Sangha as no Bhikkhu in Sri Lanka has been issued a driving licence," he
said, adding that Bhikkhus should not be expelled from the Sasana as it
would create issues.
Positive aspects
Leader of the Jathika Hela Urumaya (JHU) Ven. Omalpe Sobitha Thera
said the JHU Central Committee, which met on January 12 had extensive
discussions on this issue. Admitting that there were some positive
aspects in the Bill, he said though it was presented with the consent of
the Mahanayake Theras, there were some lapses which should be addressed
separately bringing amendments where necessary.
He said the JHU has called for a special Sangha Convention in Colombo
tomorrow (January 25) to seek the views of the clergy and intellectuals.
Commenting on the changes needed, he said the JHU felt the title of
the Bill should be changed, as should the special committee appointed to
endorse the Bhikkhu Kathikawatha Bill.
He also confirmed that President Maithripala Sirisena has said the
views of the Mahanayake Theras will be sought and the Bill would be
reintroduced.
All Bhikkhus should unite
General Secretary of the Bodu Bala Sena (BBS), Ven Galagodaaththe
Gnanasara Thera, said an extensive dialogue has been held on the Bhikkhu
Kathikawatha Bill and that the Bhikkhus are divided on political
grounds. "This shows the complexities in the Bill. This is why the Bill
has not become law and it dragged on for over 15 - 20 years without
becoming law," he pointed out.
Admitting there is a need for a Bhikkhu Kathikawatha, he however said
it should not be done in haste. "Instead of being divided as Bhikkhus
aligning with President Maithripala Sirisena, Prime Minister Ranil
Wickremesinghe or former President Mahinda Rajapaksa, all Bhikkhus
should unite and discuss the issue without causing any problems to the
Buddha Sasana," he said, calling upon the Mahanayake Theras, to advise
the government to pass the Anti Conversion and the Book Publication
Regulation Bills, before, before introducing the Bhikkhu Kathikawatha
Bill .
Pointing out that attempts were made to introduce the Anti Conversion
Bill since 2000, he said at present, there is no law to control the
activities by some religious fundamentalists. "During the past few
years, nearly 100 people lost their lives due to religious
fundamentalism," he claimed.
The lack of a Book Publication Regulation Bill, he said, has led to
various books being published, distorting the core ideals of Buddhism,
he said, claiming that at present even Bana, Pirith and Bodhi poojas
have been commercialised. "Before drafting the Bill, the Sanghadhikarana
Bill should be presented in Parliament," he reiterated.
Secretary of the Patriotic Front, Ven. Bengamuwe Nalaka Thera,
claiming that the government had not obtained prior approval of the
Mahanayake Theras to draft the Bill, said the government should have
obtained the written approval of the Mahanayake Theras of the three
Nikayas.
"Although the government said the Bill was drafted with the consent
of the Mahanayake Theras, President Maithripala Sirisena said there were
lapses when the Bill was drafted," he pointed out, cautioning that hasty
decisions should not be taken on issues relating to culture. "If the
Bill restricts Bhikkhus from engaging in any business, they will not be
able to engage in the occult science or even publish books," he said,
adding, "We can't agree that the proposed Bill would enhance the Sangha
Society. Ancient kings engaged in this type of activity but they did it
in good faith, the present rulers, however, are not so sincere."
He said the Front cannot endorse the stand taken by the government,
and pointed out if the government is sincere and had the interest of the
Sasana in mind, they could have done this much earlier. "It is
unbecoming to control Bhikkhus through laws. This should be carried out
by Sanghadhikaranas and not the Buddhasasana Minister or the
Commissioner of Buddhist Affairs," he said.
Pix: ANCL media library
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Bill drafted on advice of Mahanayake Theras
Justice and Buddhasasana Minister Dr. Wijeyadasa Rajapakshe said the
government would heed the advice of the Mahanayake Theras of the three
Nikayas - Shyamopali Maha Nikaya, Sri Lanka Amarapura Maha Nikaya and
Sri Lanka Ramanna Maha Nikaya. He said, as the Bill was drafted on the
advice of the Mahanayake Theras of the three Nikayas, there was no need
to consult the laity on this issue.
He also said the government has not decided to amend the Bill but
adding, if the Mahanayake Theras advise them to do so, the government
would bring in amendments. He said the issues pertaining to
Sanghadhikarana were also covered in the Bill, but some people don't
seem to understand it.
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