- Unless the religious order objects
- HRCSL probes legality of Gnanasara Thera’s robe removal
Justice Minister, attorney Harshana Nanayakkara said that according to the recommendations of the interim committee report, a Buddhist monk who is taken outside the prison is permitted to wear his monastic robe, unless the chapter to which he belongs objects to it.
Furthermore, based on the recommendations of the committee tasked with updating prison regulations, the committee has proposed amending Standing Orders (SOs) 356 to 356(A) and issuing an interim directive to amend Departmental Order 550. He also stated that instructions have been issued to amend the prison SOs in accordance with the relevant recommendations. "A proposal has been made to amend Prison SO 356 by adding a Subsection — 356(A). Accordingly, when a Buddhist monk is incarcerated, the Prisons Commissioner is granted a 10-day period to notify the Buddhist Affairs Department and take appropriate action regarding the removal of the standard prisoner's uniform that the monk would otherwise be required to wear. Should a member of the clergy from another religion become an inmate, these provisions are to be adapted and applied accordingly. Furthermore, an amendment is being introduced to Departmental Order 550 through the addition of a new section. Under this amendment, if a Buddhist monk is taken out of the prison, full permission is granted for him to wear his monastic robes during that time. This permission remains valid until such time a notification is received from the monk's respective religious order (sect) requesting otherwise.
The interim committee report regarding this matter has also been conveyed to the Acting Prisons Commissioner General via a formal letter.
The interim report of the special committee appointed to update the rules, regulations and Standing Orders (SOs) under the Prisons Ordinance was handed over to President’s Secretary Dr Nandika Sanath Kumanayake yesterday (14) at the Presidential Secretariat.
The committee was appointed following a discussion between President Anura Kumara Dissanayake and Buddhist clergy representing the three Buddhist sects on 8 October. It was tasked with studying the relevant matters and submitting proposals to amend the regulations and SOs within two weeks.
Accordingly, the committee submitted revised proposals relating to regulations governing the imprisonment of Buddhist monks and other religious clergy.
The report was handed over by committee Chairperson and Secretary to the Ministry of Buddhasasana, Religious and Cultural Affairs, Prince Senadheera. Committee members, including Additional Secretary to the Ministry of Justice Piyumanthi Peiris, Additional Secretary to the Ministry of Public Administration Wasantha Ariyaratne, Buddhist Affairs Commissioner-General R.M.G. Senaratne and Prisons Department Commissioner A.C. Gajanayake, were also present.
Meanwhile, the Human Rights Commission of Sri Lanka (HRCSL) is investigating whether the removal of the robe of Gnanasara Thera was lawful and whether alternative measures could have been adopted, it is learnt.
Speaking to The Daily Morning, HRCSL Member/Commissioner and Attorney Nimal G. Punchihewa said the Commission had received a complaint about the incident and was seeking a report from the Department before proceeding with its investigation.
“We have received a complaint about this, and we are requesting a report from the Department. Based on that, we intend to conduct an investigation,” he said.
Punchihewa said the HRCSL would examine several aspects of the incident, including whether removing the monk’s robe was lawful, the grounds on which the decision was made and whether alternative measures could have been taken without removing it.