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.

Secretary, Patriotic Front, Ven. Bengamuwe Nalaka Thera	Chancellor, University of Sri Jayewardenepura, Prof. Ven. Bellanwila Wimalaratana Anunayake Thera	Leader, Jathika Hela Urumaya (JHU), Ven. Omalpe Sobitha Thera	General Secretary, Bodu Bala Sena (BBS), Ven. Galagodaaththe Gnanasara Thera	Mahanayake, Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha, Ven. Iththepane Dhammalankara Thera

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.

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.

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.