The revised prison regulations that will allow Buddhist monks serving prison sentences to be taken outside prison in their robes under a procedure involving recommendations from their respective sects and chapters are expected to be finalised within the next two weeks, the President’s Media Division (PMD) stated.
The move follows discussions between President Anura Kumara Dissanayake and representatives of the three main Buddhist Sects on 8 October, after the chief prelates wrote to the Commissioner-General of Prisons over procedures followed when monks are taken outside prison, following the incident involving Ven. Galagodaaththe Gnanasara Thera.
The PMD stated the existing Prisons Ordinance of 1877 and its regulations did not contain separate provisions specifically governing Buddhist monks. The President had explained that prison officials had acted within the existing legal framework and that any changes should be made by amending the law rather than issuing special orders for individuals.
During the meeting at the Presidential Secretariat, the Buddhist clergy said the imprisonment of a monk was a sensitive matter for both the Sangha and society. They proposed that, when a monk is convicted by a court and sentenced to more than three years in prison, the relevant sect or chapter should be informed. The monk could then be taken outside prison in robes based on the views and recommendation of the relevant religious chapter.
They said such a procedure would provide an appropriate way to address the issue without allowing the proposed relief to be misused.
President Dissanayake acknowledged the shock and dismay such incidents could cause among Buddhists and members of the Sangha, particularly when a monk who had previously been venerated was subsequently seen in a different situation. However, he stressed that laws could not be set aside to accommodate individual preferences and that legislation needed to be amended through the proper process to address changing circumstances.
The President said no monk should have to face a similar situation in the future and directed the Minister of Justice to ensure that the necessary legal regulations were prepared promptly, with the process completed within two weeks. He also accepted that the proposal put forward by the chief prelates would provide greater clarity in the process.
A five-member committee was subsequently appointed to examine the relevant provisions of the Prisons Ordinance and update the regulations and standing orders.
The committee is chaired by Ministry of Buddhasasana, Religious and Cultural Affairs Secretary Prince Senadheera. Its other members are Justice Ministry Additional Secretary Piyumanthi Peiris, Public Administration Ministry Additional Secretary Wasantha Ariyaratne, Commissioner-General of Buddhist Affairs R.M.G. Senaratne and Commissioner of Prisons A.C. Gajanayake.
The committee held its first meeting at the Presidential Secretariat on 9 October under Senadheera’s chairmanship. Minister of Justice and National Integration, attorney Harshana Nanayakkara, provided policy guidance for its work.
The committee is expected to complete its review and submit proposals for amendments to the regulations within two weeks. The proposed provisions relating to Buddhist monks are due to be presented to the Maha Sangha for their views by the middle of next week.