A Problem of the Buddhist Monk on Dispute Resolution under the Buddha’s Dhamma Vinaya (Doctrine and Discipline) and the Criminal Procedure: A Comparative Study of Theravada Sangha between Thailand and Sri Lanka

Abstract

          In cases where a Buddhist monk has committed a criminal offence, there are methods to handle such matters, namely, enforcing them according to the Buddhist monastic discipline (Vinaya) and enforcing them according to the laws of the land. Particularly in the criminal justice process for Buddhist monks in Thailand, when a monk becomes a suspect, they are compelled to disrobe and relinquish their monkhood before proceeding with the criminal justice process. This is done even if the monk does not consent to disrobe, which is highly detrimental to the monk as they lose the right to disrobe or the monastic title received while still a monk, even though they might be innocent.
          In contrast, in Sri Lanka, which shares a long history of Buddhism with Thailand, it appears that monks in Sri Lanka are not required to disrobe before entering the criminal justice process. They can maintain their monkhood status until a final verdict is reached. This demonstrates that Sri Lanka grants significant rights in the criminal justice process to monks, and they can only disrobe with their consent. This practice, which respects the individual rights and dignity of the monks, is a testament to the principles of justice and fairness within the context of Theravada Buddhism.
          Therefore, it is deemed necessary to study and compare the Criminal Code, the Criminal Procedure Code, and the Vinaya concerning monks in Thailand and Sri Lanka. This comparison aims to highlight similarities and differences to identify appropriate legal measures and models for monks in Theravada Buddhism, both in the present and future, ensuring accuracy, fairness, and clarity for monks.
          After reviewing relevant literature and conducting interviews with academic scholars and Buddhist monks in both Thailand and Sri Lanka, the researchers concluded that the fundamental problem in Thailand lies in government officials using non-authoritative power to disrobe monks without their consent or the involvement of relevant Buddhist monastic organizations. The research suggests amending the law to address this issue. In essence, if a Buddhist monk in Thailand commits a wrongful act, authorities should be allowed to initiate criminal proceedings without disrobing the monk first. However, if authorities wish to disrobe the monk before any legal procedures, the process must be conducted with the consent and active participation of the Sangha (Buddhist monastic community). This suggestion is made to ensure that the rights and dignity of monks are protected, aligning with the principles of justice and fairness within the context of Theravada Buddhism. The active involvement of the Sangha in this process is crucial to maintaining the integrity and respect for the individual rights of the monks.