The recent turn of events led us to contemplate on the role of the monk in the law. Should the monk respect the country’s judiciary by standing up when the Judges approach? A sensitive and complicated issue that has no straight 'yes' or 'no'.
In Britain, the Archbishop has to rise when the head of state arrives. The British constitution rules that the Queen or the King remains highest in the country's echelon hierarchy. This is otherwise in Sri Lanka. Even in an award ceremony, whoever the layperson in the stage has to step down to offer the award to the monk. Monks do not rise for the Speaker in the Parliament.
Ever since the inception of Buddhism, the religion has been considered ultra-venerable in Sri Lanka. Heads of state always sought the advice of the monk. This position is given since the monk was considered aloof from the lay bonds.
The history has the common story of Emperor Ashoka and Ven. Samanera Nigrodha. Emperor Ashoka asked the Venerable monk to take an appropriate seat. The Venerable monk took the Emperor's seat. His justification was that he could not see any other suitable seat than that of the Emperor to impart Buddha's philosophy which is far higher than the whole empire.
Even today political high-ups like President himself hardly make an official visit to a fellow lay person. But he makes official visits to any temple and rises when a monk approaches.
In the case of Judiciary, the Judges are expected to treat both lay and monk equally. Even when monks do not rise for them, they cannot stick to ‘ultra-venerable’ theory. If the Judge has to rise in the temple for the monk, the monk's role in the Judiciary premises should be reconsidered. The Mahanayake Thera of the Asgiriya Chapter, Ven. Udugama Buddharakkhitha Thera, in this backdrop, has declared that monks should respect the law by which they set a model to the lay people.
On the other hand, Judges represent the Judiciary. So rising means respecting the Judiciary, not the Judges individually. Quite similar to the situation when Buddhists worship the individual monks out of reverence to the whole 'Sangha' community.
The President is to issue a directive that clergy should be reserved a separate enclosure in courts. However the issue on which is higher is yet to be solved. Whether it is Buddha's representatives considered as 'ultra venerable', or the Judiciary representatives in this Buddhist country.
It is ironical to see a monk being charged just for airing Pirith in a country where the official religion is Buddhism and Pirith is the normalcy. This is the root cause for the monk being forced to appear in the courts. We learn on grapevine that the petition against the monk was initiated by a Sinhalese, which is paradoxical in a way.
