buddhist law in sri lanka

December 12th, 2020

1, Issue. Even more striking in the protests was the deep interweaving of race and colonialism with these issues of religion and law. and British colonists who, as Gnanasara put it “made the law, while holding a bible and giving responsibility to God.” In slogans and speeches dense with multivalent language that mixed together imagery of skin-color, nationality, ethnicity, and language, protestors announced that Sri Lanka’s legal institutions were tainted by bigotry and that those state officials who staffed the courts were, in fact, cabal of deracinated “black-whites” (kalu suddo) who were perpetuating a regime of colonial oppression. Galagoda Atte Gnanasara, was the country’s most controversial cleric, having risen to prominence in the aftermath of Sri Lanka’s civil war as the head the Army of Buddhist Power (Bodu Bala Sēnā), an influential Buddhist nationalist group with strongly anti-Muslim views. After they won independence from Britain in 1948, Sri Lanka’s politicians started to enforce the use of the Sinhala language across the country’s public institutions, making it the official language. Nissanka, Lanka Daily News, July 22, 2009 Colombo, Sri Lanka -- “In the strict sense of the word, there is no Buddhist law; there is only an influence exercised by Buddhist ethics or changes that have taken place in customs. Echoing throughout jumper-gate were accusations that Sri Lankan law was “white-person’s law” (suddangē nitiya) the discriminatory product of Portuguese, Dutch. Oct 20, Colombo: Both the Registrars of the Malwatta and Asgiriya Maha Viharayas say that there is a need for a new constitution that suits the country and can be maintained for a long time. A manhunt is on in Sri Lanka for a hard-line Buddhist leader after a series of attacks on mosques and Muslim-owned businesses that authorities accuse him of encouraging. The significance of Gnanasara’s recent exoneration is diminished only by the significance of his original arrest in June 2018, when, for a period of weeks, the island was fixated on the monk’s fate. In fact, Sri Lankan case law dating back to the late nineteenth century even clarified that monks who were compelled to wear prison uniforms in jail would not be penalized in the monastic legal system through a loss of seniority. Several weeks after the Sri Lanka’s Easter tragedy, in which suicide attackers with links to ISIS killed more than 250 people in a series of coordinated bombings, the country’s president announced that he was releasing a Buddhist monk from prison. Buddhism has been given the foremost place under Article 9 of the Constitution which can be traced back to an attempt to bring the status of Buddhism back to the status it enjoyed prior to being destroyed by colonialists. Jayatilleke by H.S.S. Between 1983 and 2009, Sri Lanka was plagued by a civil war between the Sinhala government and Tamil (mainly Hindu) rebels. Gnanasara is now out of prison. Several weeks after the Sri Lanka’s Easter tragedy, in which suicide attackers with links to ISIS killed more than 250 people in a series of coordinated bombings, the country’s president announced that he was releasing a Buddhist monk from prison. Support for Gnanasara merged with demands for law reform. From the date he assumed duties as the Vice Chancellor, he had endeavoured to make the Buddhist and Pali University the first and foremost institution in Theravada Buddhist education in the world. LAW AND BUDDHISM. Rising Buddhist nationalism in Sri Lanka has prompted the government to revisit plans for a cow slaughter ban, with Prime Minister Mahinda Rajapaksa reportedly floating the proposal in a parliamentary meeting. Launch of Buddhist Ecclesiastical Law in Sri Lanka Lanka Daily News, Feb 14, 2011. Nevertheless, those issues and arguments that appeared crystalline during Jumper-gate continue to dominate the country’s religious and political life. Most users should sign in with their email address. April 24, 2019. SARANA BUDDHIST (RELIEF) FOUNDATION (INCORPORATION) Marginal Notes: 1. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide, This PDF is available to Subscribers Only. Search for other works by this author on: You do not currently have access to this article. Understanding religion in this region increasingly requires scholars to understand law and history and, perhaps then, begin to understand a healthy way to move forward. While the spectacle was captivating, even more remarkable were the arguments being made—and not made—about law. If you originally registered with a username please use that to sign in. Get updates delivered right to your inbox! The monk, Ven. In this case, what came strongly into view was the centrality of law in the island’s ongoing debates over the status of Buddhism in a religiously and ethnically diverse country. As recent as 1970s and late 1980s we witnessed in Sri Lanka gross violations of International Humanitarian Laws by the government forces, insurgents and Tamil armed groups. Venerable Sumanasiri’s academic and administrative expertise is such that he becomes the 7th Vice Chancellor of Buddhist and Pali University of Sri Lanka on 30th October 2014. For example, protestors spoke out against what they perceived as injustices built into the island’s long-standing system of legal pluralism, in which separate bodies of property and personal law applied to Muslims, Jaffna Tamils, Kandyan Sinhalese and others—while no concrete legal accommodations seemed to apply to Buddhists, beyond vague constitutional guarantees to give Buddhism the “foremost place.”  Protestors also used the idea of a monk being forced to disrobe as evidence of a state-led legal campaign against monastic law, or Vinaya. A Sri Lankan Buddhist monk participates in rites dedicated to the victims of a horrific series of bombings that took place on Easter Day 2019 and killed more than 250 people in the cities of Colombo, Negombo, and Batticaloa. What happens when Buddhists turn to public litigation to dispute the meanings of the Vinaya Piṭaka, the monastic disciplinary Most Ven. This Act may be cited as the Sarana Buddhist (Relief) Foundation (Incorporation) Act, No. This article tries to answer this question, while examining a genre of religious law that has not received much attention by scholars of law and religion, Buddhist law in Sri Lanka. Jumper-gate is one of those rare prism-like events, in which, for a moment, a miscellany of seemingly diffuse and unrelated ideas becomes boldly visible as a single connected unit. The proposal has brought together Buddhists and Tamils who see such as law as in line with their religious sentiments. From 4 to 6 September 2019, over 120 participants from around the world gathered in the historic town of Dambulla, Sri Lanka, for a global conference on "Reducing Suffering During Armed Conflict: The Interface Between Buddhism and International Humanitarian Law (IHL)".The conference, the first of its kind, was attended by respected Buddhist scholars, monks, academics and legal The war had numerous causes, but prominent among them were government moves to embrace religious nationalism. The Guests of Honour for the function are Ven Professor Bellawnwila Wimalaratana, Chancellor, University of Sri … As Yet, as I ask in a recent article, “Buddhist Law Against the State?”: Why was the monk incarcerated in the first place and what, exactly, was the reversal that was occurring? Gnanasara’s arrest filled newspaper headlines and TV programmes, social media memes and viral videos. Please check your email address / username and password and try again. Theravada Buddhism is the largest, oldest and Official religion of Sri Lankapracticed by 70.19% of Sri Lanka's population as of 2012. Incorporation of Sarana Buddhist (Relief) Foundation. Benjamin Schonthal, Buddhist Law Against the State? Even though Sri Lanka is a Buddhist majority and there is a strong religious freedom clause in the constitution, the Muslim Marriage and Divorce Act supersedes all the laws when it comes to the Muslim community on the island. Get Even More Visitors To Your Blog, Upgrade To A Business Listing >>, © 2001-2020 Blogarama.com   |   All rights reserved, Oupblog | Oxford University Press’s Academic Ins, OUPblog | Oxford University Press’s Academic Ins, Find Out What Vietnam Has Stored For Vegan And Vegetarian Under The Leaf, Blockchains to Backup Parametric Insurance, Best Places Where You Can Plan Your Dream Honeymoon, Behind Shahrukh Khan’s Brand Image, DHFL Siphons Off Rs 31,000 Crores Of Public Money, 14 Best Beaches In Asia That REALLY Allow You To Escape From Reality. Events like Jumper-gate (or Buddhist legal activism) seem to be occurring more often, not less—not just in Sri Lanka but around Southeast Asia. They have a strong influence in Sri Lankan politics. 39 of 2007. The five precepts that the Buddhist has to follow had their origins long before the Buddha. So fixated was the public on Gnanasara’s prison clothes that some journalists begin referring to the affair as “Jumper-gate.”. Buddhism, International Law and K.N. Authors: S. Goonasekera. Buddhism and Caste in India and Sri Lanka.Religion Compass, Vol. January 2014; DOI: 10.1017/CBO9781139044134.010. Sri Lanka weighs new law that would ban extremist groups Buddhist hardliners attempt to storm archaeological site “I’m from another village … my father and mother were against the marriage earlier but now they’re ok with it and they come and visit,” she said. Schonthal’s research examines the intersections of religion, law and politics in late-colonial and contemporary Southern Asia, with an emphasis on Buddhism and law in Sri Lanka. Please follow the link we've just sent you to activate the subscription. As the protests spread around the country, critics focussed less on the conviction itself and more on a rather small legal technicality relating to the procedures of imprisonment: the question of whether the monk would be forced to remove his sacred robes and don the standard prison uniform of a white “jumper” and shorts. 13 For their part, Sri … Impact of Buddhism on Sri Lanka: The Indian Influence: 10.4018/978-1-5225-0582-2.ch003: This paper is a historical study of the mutual exchanges in the religious and cultural traditions, in the context of Buddhism between India and Sri Lanka. Kelaniya Temple in Colombo, Sri Lanka. Moreover, what does the broader saga reveal about the interweaving of religion, law and politics in Sri Lanka? Ashoka the Great was a patron of Buddhism, and when King Tissa of Ceylon sent an emissary to India, Ashoka seized the opportunity to put in a good word about Buddhism to the King. 2. At the time of his release he had served ten months of a six-year sentence for contempt of court. How do contemporary legal systems affect the interpretation and application of religious laws such as Buddhist monastic law? Don't already have an Oxford Academic account? The history of Buddhism in Sri Lanka begins with Emperor Ashoka of India (304 - 232 BCE). Comparative jurisprudence divides legal systems into families or types based on cultural and historical origins. The Buddhist clergy has been pushing for Gnanasara’s release. Sri Lanka has declared a state of Emergency following a series of clashes between Buddhists and Muslims in the country. The post The problem with Buddhist law in Sri Lanka appeared first on OUPblog. The clash of Islam with Buddhism is not new in the region, though. From the capital city, Colombo, to the some of the island’s most remote towns, Buddhist monks and lay leaders held rallies and demonstrations, accusing the government of attacking Buddhism and trammelling on the sacred institution of the Buddhist monasticism. The second is the Sinhala Buddhist supremacy. In April last year, Buddhist bhikshus stormed a mosque in central Sri Lanka, and, claiming that it had been built on territory sacred to Buddhists, demanded its immediate closure. Request full-text PDF. Representing Religion, Law, and Conflict, Journal of the American Academy of Religion, Volume 87, Issue 3, September 2019, Pages 662–692, https://doi.org/10.1093/jaarel/lfz032, Public disputes over the legal regulation of religion are often portrayed as naturally occurring conflicts between competing normative systems: religious law and state law. To purchase short term access, please sign in to your Oxford Academic account above. At this moment, three factors dominate Sri Lanka’s social and political landscape. Colombo, Sri Lanka-- The Postgraduate Institute of Management (PIM) will launch a monumental text on "Buddhist Ecclesiastical Law" authored by the well known lawyer and legal academic Dr Wickrema Weerasooria on February 15. The Sri Lanka Podujana Party (SLPP) won 145 seats in the 225-member Parliament, giving the Buddhist nationalist president an overall majority. They also inserted Buddhism into the constitution: “The Republic of Sri L… Buddhist architecture in Sri Lanka Cave temples The earliest evidence of rudimentary cave temples are found in Mihintale, a unique feature in these caves was the use of a drip ledge carved along the top edge of the rock ceiling which stopped rain water running into … Written in a lucid and direct style, and aimed at both specialists and non-specialists, Buddhism, Politics and the Limits of Law explains why constitutional law has deepened, rather than diminished, conflicts over religion in Sri Lanka. Practitioners of Buddhism can be found amongst the Sinhalese population as well as the Tamil population. Buddhist law is the most recent entrant into the category of religious legal systems, a category that includes Islamic law, biblical law, Hindu law, and Talmudic law. The announcement of the monk’s pardon instantly made headlines in Sri Lanka and around the world, with many analysts warning that the president’s actions would result in a new phase of pro-Buddhist and anti-Muslim policies on the island. “A big blow to Sri Lanka’s already battered rule of law… However, by virtue of Article 10 of the Sri Lankan consti… At one point, hundreds of saffron-robed monks turned one of Colombo’s busiest intersections into a traffic-stopping protest gathering. 3. Muhammad and the Empires of Faith: The Making of the Prophet of Islam, By Sean W. 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The relationship between Buddhism and Sinhalese identity continued through to independence, when the 1972 constitution of post-independence Sri Lanka privileged Buddhism as a ‘foremost’ among the religions of the island, yet at the same time it guaranteed each of Sri Lanka’s traditions (Buddhism, Hinduism, Islam and Christianity) equal protection under the law. Buddhism and law in Sri Lanka. For full access to this pdf, sign in to an existing account, or purchase an annual subscription. The third is the non-complacence with the Constitution and the absence of rule of law. Examining the roles of Buddhist monks, civil society groups, political coalitions and more, the book provides the first extended study of the legal regulation of religion in Sri Lanka as … The problem with Buddhist law in Sri Lanka. The Guests of Honour for the function are Ven Professor Bellawnwila Wimalaratana, Chancellor, University of … Continue reading What, then, explains why some normative frictions become the focus of major controversies, whereas others do not? 12 At the time of the monk’s conviction, Sri Lanka’s prisons housed fifteen other Buddhist monks, all of them without robes and wearing prison jumpers. 1, p. 120. Samuels, Jeffrey 2007. * Buddhist prelates emphasize the need for a new constitution Tue, Oct 20, 2020, 09:31 am SL Time, ColomboPage News Desk, Sri Lanka. Sinhalese Buddhist nationalism has long been used as a source of political mobilization in Sri Lanka. You could not be signed in. The first is the militarization of government and governance. University Admission Academic Year 2020 / 2021 (Foreign Candidates) – Buddhist and Pali University of Sri Lanka LLB (Hons) Law 2020 Intake – SLIIT Master of Development Economics (MDE) 2020 / 2021 – Faculty of Commerce and Management – Eastern University, Sri Lanka From a chorus of voices opposing the court’s judgment, Sri Lankan Buddhist protestors directed their attentions to the robe. Don't already have an Oxford Academic account? 74 of 1981 of the Democratic Socialist Republic of Sri Lanka and was inaugurated in 1982. Register, Oxford University Press is a department of the University of Oxford. The Buddhist and Pali University of Sri Lanka was established by the Act of Parliament No. This article is also available for rental through DeepDyve. Drawing on monastic disciplinary texts, legal archives, and representations of law taken from online and popular media, this article analyzes how and why a minor, routine friction between Buddhist ecclesiastical rules and Sri Lankan statutory regulations—a dispute over whether a monk may wear his robes in prison—came to be portrayed as a grand contest between two incompatible regimes: “Buddhist law” and “state law.”. The development of Buddhist law as a disciplinary subject has been slow because of the lack of a single unifying religious language or script and Buddhism's … Dr. Ittapane Dhammalankara Thera, speaking at the occasion, thanked the Embassy of China in Sri Lanka, the Buddhist community in China, and the Sri Lanka-China Buddhist Friendship Association (SLCBFA) for assisting Buddhist temples to overcome the hardships faced due to the COVD-19 pandemic in Sri Lanka. 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