SC rules: Sections of Bhikku Bill violate freedom of religion guaranteed by Constitution

Rules bill in current form requires 2/3rd majority, referendum to pass

Apex Court suggests amendments to relevant sections contravening Constitution

By Ashwin Hemmathagama Our Lobby Correspondent

The Supreme Court has determined that the controversial Theravada Bhikku Kathikawath Bill, that seeks to give legal effect to the codes of conduct for Buddhist monks, requires a two-thirds majority in Parliament and a referendum to be enacted, Speaker Karu Jayasuriya informed the Parliament yesterday.

The Theravada Bhikku Kathikawath Registration Bill was aiming to give legal effect to the regulations governing the conduct of Buddhist monks, that each nikaya or monastic order already maintains. The bill, which was presented by the Government on the request of the Chief Prelates of all three major monastic orders in Sri Lanka, sought to provide for every Bhikku to act in compliance with the provisions of the Registered Kathikawath (or code of conduct) of the Nikaya or Chapter, and to impose punishment on Bhikkus who act in violation of the provisions of any registered Kathikawath.

The Supreme Court in its ruling on the controversial draft legislation has cited sections of the bill as being inconsistent with Article 9 of the Constitution which affords the foremost place to Buddhism in Sri Lanka and Articles 10 and 14 (i) (e), which deals with the freedom of religion. 

According to the Speaker, the Supreme Court had determined that clauses 2.2, 2.3, 2.4 and 11.2 were incompliant with the Article 9, 10, 14.1e of the Constitution. “So, in accordance with Article 83 of the Constitution, the Bill should be passed in the Parliament with a special majority and a referendum to be enacted. However, the Supreme Court also suggests removing clause 2.3, 2.4, and 5 and amending clauses 2.2, 11.2, and 13.1,” said Speaker Jayasuriya.

Clause 2.2 of the Theravada Bhikku Kathikawath Registration Bill provides the composition and functions of the Karaka Sangha Sabha of the relevant Nikaya or Chapter.

Provisions in clause 2.3 define the code of conduct and discipline where engaging in or carrying out occult practices or similar activities and giving publicity to such activities, involvement 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.

The Kathikawatha also recommends temporary expulsion from the residing temple, permanent expulsion from the residing temple, temporary removal from the office of chief temple incumbent, permanent removal from the office of chief incumbent, expulsion from studentship, expulsion from the relevant Nikaya or Chapter, and the cancellation of bhikku registration as additional punishments listed under clause 2.4.