STUDY OF THE CONNECTION BETWEEN THE DHAMMA-VINAYA, THE SANGHA ACT AND CURRENT LAWS RELATED TO MONKS

Abstract

This academic article aimed to explore the connections between the Buddhist precepts, the Sangha Act, and current laws related to monks. The methodology employed was a study of laws and the Sangha Act, including textbooks and the internet, and analytical synthesis. The study was found that there are four Parajika offenses: sexual intercourse, taking something un-given, with a price of one baht or more, killing a human being, and boasting of superhuman qualities. Parajika offenses are not criminally liable unless they meet one of two criteria: rape under the Criminal Code, as provided for in Sections 276 and 227 of the Criminal Code; and the Sangha Act on Nikhakamma (disrobing). This is consistent with several criminal laws. Monks who commit offenses must first violate the criminal law before receiving Nikhakamma, or secular offenses related to worldly warnings, such as drug use. While theseoffenses may not constitute Parajika offenses, they will still be prosecuted under the criminal law. Therefore, greater strictness is required, including learning and practicing the discipline to liberate the mind from the world. As for the development of laws in addition to the Dhamma-Vinaya, there must be a rigorous process and a referendum to ensure that it is as consistent with the administration of the Sangha as possible.