OFFENSE AND DISCIPLINE OF MONKS IN THE PERSPECTIVE OF CRIMINAL PUNISHMENT

Abstract

In Buddhism, offenses (abatti) refer to violations of monastic rules established by the Buddha to maintain order within the monastic community and inspire faith among lay followers. This study analyzes offenses through the lens of penology, focusing on two primary dimensions: deterrence and rehabilitation, each with distinct goals and methods. The deterrence approach emphasizes creating fear of punishment through explicit regulations, such as public reprimands and sanctions, to dissuade monks from repeated violations. In contrast, the rehabilitation approach focuses on improving the behavior of offenders by teaching Dhamma, providing knowledge of monastic discipline, and fostering mindfulness, concentration, and wisdom to address underlying factors that lead to misconduct. The study identifies three key factors contributing to offenses: a lack of moral shame, insufficient knowledge of monastic rules, and inadequate mindfulness or concentration. Effective prevention strategies involve educating and training monks in these areas to enhance awareness and reduce the likelihood of misconduct, especially among puthujjana (ordinary monks) who have not yet attained spiritual insight. Conversely, asekha (arahants) are free from defilements and have no tendency to commit offenses. Management of offenses within Buddhist monastic discipline does not reflect coercive or physically painful punishments but rather employs reprimands and rehabilitative measures to enable monks to restore their purity. Analyzing offenses through the framework of penology highlights a balanced approach between deterrence and constructive rehabilitation, aligning with Buddhist principles and offering a model applicable to contemporary societal contexts effectively.