Heresy and Monastic Malpractice in the Buddhist Court Cases (Vinicchaya) of Modern Burma (Myanmar)

Abstract

Over the past four decades, Buddhists in Burma, mainly monks, have been brought before Sangha courts charged with heresy, adhamma, and malpractice, avinaya, under the jurisdiction of the State Sanghamahanayaka Committee. This body, established under General Ne Win in 1980, oversees the regulation and conduct of the Sangha. The religious courts that try these cases have the backing of state law enforcement agencies: failure to comply with their judgements is punishable by imprisonment. A guilty verdict has been passed in all seventeen cases to date. There is no opportunity of appeal. The system not only protects Burmese Buddhism against corruption, but also stifles innovation and dissent. These cases, not previously discussed in scholarship outside of Burma, are significant for understanding the power of the State over the Sangha as well as the conservatism and antisecularism of Burmese Buddhism, which have set it at odds with the relativist approaches of modern, global Buddhism.

Acknowledgements

We would like to thank Jason Carbine, Pyi Phyo Kyaw, Sayadaw U Paṇḍītābhivaṃsa of Oxford Buddha Vihara and Andrew Skilton for reading and making useful comments on and corrections to this article. We additionally thank U Paṇḍītābhivaṃsa for discussing some of the complex issues involved and Pyi Phyo Kyaw for finding and checking a number of pertinent sources. We would also like to thank Michael Charney and Tilman Frasch for helpful comments on earlier components of this article, and Phibul Choompolpaisal for his comments on some of the material about Thailand. All errors that remain are, of course, our own.

Notes

1. For example, Braun (2013). Carbine (2011), Dhammasāmi (2004), Gravers (2012), Jordt (2007), Kyaw (2014), Schober (2011), and Turner (2014).

2. The Department of Religious affairs specifies that cases of murder, robbery, rebellion or revolution, spying for an enemy, propaganda for an enemy, attempt to damage the administration, attempt to undermine the military power in war, issues of inheritance, improper possession in relation to land disputes (paddy fields, etc.), drugs and drinks, pawning, bartering, compensation, possessing items not proper to Buddhism, must all go directly to Civil or Criminal court, not to the SSC (Religious Affairs 2008b, 27, 28). The nature of ‘enemy’ here is not specified although it could be taken as referring any ‘rebel’ who resisted the government’s single party system.

While detained in jail, a monk is supposed to change his robe and wear the white prison clothes. He may dress in his monastic robes again once found innocent or released from jail (unless found guilty of a crime that is also a pārājika offence).

3. The transcription of the Burmese here follows Ashin, 2016. Sometimes the differences between the system for transcribing Burmese and that for Pali leads to the same Pali term being transliterated in two different ways, when it is found in a Burmese phrase or title, e.g. wāda ‘doctrine, concept, teaching, theory’ in the title of Burmese cases, but vāda in the Pali words adhammavāda, Theravāda. Because of the use of Pali within Burmese, we sometimes have mixed transcriptions, e.g. wāda vinicchaya. In Burmese publications the usual abbreviation for State Sanghamahanayaka Committee is not SSC, but SSMNC.

4. The location for the annual honours ceremony was changed to the compound of the Uppatasanti Pagoda in Nay Pyi Taw, the construction of which was completed 2009.

For the March 2017 ceremony, see: http://www.president-office.gov.mm/en/?q=briefing-room/news/2017/03/12/id-7368.

5. In Kabar Aye, there are four buildings representing the four great islands: Pubbavideha (eastern island), Aparagoyāna (western island), Jambudīpa (southern island) and Uttarakuru (northern island).

6. This would eventually lead to the establishment in 2015 of the new controversial interfaith marriage law which severely disadvantages and interferes in the private lives and civil rights of Muslims, one of four ‘Race and Religion Protection Laws’. The ‘969’ movement came to prominence in 2012, led by prominent monks including Wirathu and Wimala. It has been particularly vocal in its extremist rhetoric, including making wild claims of a Muslim plot to take over the country, jihadi infiltrators and schemes to pay Muslims for marrying and converting Buddhist women. It also encourages Buddhists to boycott Muslim businesses, and has been a leading voice for the adoption of a law to restrict inter-faith marriage (International Crisis Group 2013, 17). The four ‘Race and Religion Protection Laws’ were newly adopted in Burma in August 2015, i.e. Monogamy Law, Religious Conversion Law, Interfaith Marriage Law and Population Control Law (http://www.loc.gov/law/foreign-news/article/burma-four-race-and-religion-protection-laws-adopted/). The reason for pandering to Buddhist extremists on the part of politicians is the search for mandate in a country where an estimated 90% of the population is Buddhist. We shall return to this topic at the end of the article.

7. A nat is a supernatural being or spirit which Burmese people traditionally believe can protect them from danger and difficulties or bring them benefits such as making them better off.

8. The use of gaing (Pali gaṇa) in Burma, sometimes interchangeably with the term nikāya, where the term nikāya would be used in other Theravāda countries is a complex one which the current authors hope to address elsewhere. It seems to us that in this context the use of nikāya is avoided since it suggests a separate vinaya body, whereas treating the different lineages as gaṇa allows them to be overseen by a single authority.

9. The government also backed down in 1963 on a plan to bring pagodas under the remit of the archaeology department (Taylor 2015, 288; citing Smith 1965).

10. Robert Taylor is critical of this suggestion (Taylor 2015, 511 note 32, responding to Jordt 2007, 180). However, Charney also links monastic involvement in the U Thant riots in December 1974 with Ne Win’s attempts to bring the monks under state control (Charney 2009, 139). We would like to take the opportunity here to correct a statement Taylor makes about a trip by the royal family of the largely Hindu country of Nepal to Burma, hosted by Ne Win. Taylor writes, ‘The visit presumably was of greater religious than political significance, as the Buddha had been born in what is now the Lumbini region of Nepal and most of the population of Nepal, like the Lao, Cambodians, Thai, Sri Lankans and Burmese, are followers of Theravada Buddhism.’ (our emphasis added). While Theravāda Buddhism is on the rise in Nepal, this is a result of missionary activity, including from Burma, mainly amongst Buddhist minorities, not amongst the majority Hindus. Traditional Buddhism in Nepal is of two kinds, both Vajrayana: the Sanskrit-oriented Newar Buddhism of the Newar ethnic group in the Kathmandu valley and the Tibetan-oriented Tibetan Buddhism found throughout Nepal. It is true, however, that the King of Nepal donated a hair relic (a hair strand, not a ‘hairstand’, Taylor 2015, 470), during his visit.

11. Initially the SSC regulated monks, but it began to regulate thīlashin in 1982, with the establishment of the ‘organisation of Buddhist nuns’ (bokdabāthā thīlashin ahpwèasī:), (Religious Affairs 2002, 5).

12. We would like to thank Michael Charney for pointing out the parallels with Sarit’s Sangha reforms.

13. Thailand’s 1962 Sangha Act was amended in 1992. The appointment of the Supreme Patriarch in Thailand remains a political appointment, with the most recent appointment delayed for four years during uncertainty over the royal succession, the military coup and the political elite’s disquiet with the Sangha’s primary internal candidate for the post. On 6 January 2017, under the military government of Thailand, which took power through a coup on 22 May 2014, the current and more democratic amended Sangha Act of 1992 ‘was amended to allow the King to directly choose and appoint the Supreme Patriarch instead of going through the Sangha Council’s nomination’ (Bangkok Post, 7 February 2017). ‘“I submitted the names of five qualified monks for His Majesty to consider. On Monday night, I was informed His Majesty chose Somdet Phra Maha Muniwong.” Prime Minister Prayut said’ (ibid.). Action against monks deemed in some way corrupt shortly followed, as did suggestions of impending reform. On the current military regime’s intention to disband the Mahatherasamakom and to cancel the amended 1992 version of the 1962 Act in favour of the 1941 Sangha Act, as well as the huge resources it applied to targeting the abbot of Wat Phra Dhammakaya in Pathumthani, see Jim Taylor (2017).

14. Choompolpaisal has shown that Phimonlatham’s persecution in part resulted from the rivalry of his senior fellow monks who used the Communism label against him (Choompolpaisal 2011, 272ff). They were able to do so because the CIA had funded Sarit’s coup, making defence against Communism a frequent label for the crushing of opposition.

15. The ministry was divided into two separate ministries, the Ministry of Home Affairs and the Ministry of Religious Affairs, by the State Law and Order Restoration Council (SLORC) by issuing the Notification No. (23/92) dated 20 March 1992. (http://www.mora.gov.mm/mora_ministry1.aspx).

16. According to the Record’s introduction, its purpose is to be a source of reference for the organisers of such conventions in the future: it was anticipated that further conventions would be held every five years. The pattern of holding conventions every five years was maintained until 1995, but then lapsed until 2014. There was a gap of 19 years between the Fourth and the Fifth All-gaing-Sangha Conventions, the Fifth being held on 11–13 May 2014. At each convention, representative monks from all the nine recognised gaing throughout Burma assembled. The religious activities of the past five years had to be reported by the State Central Sangha Executive Committee (SCSEC) to the gathered assembly. Such activities included vinicchaya judgements, religious examinations and the issuing of religious registration cards. The delegates were also to propose and discuss what should be done for the sake of sāsana and add to, amend or remove items from the guidance first developed at the 1980 Convention. Additional reasons for publishing the Record, given in its introduction, were that the participants of the Convention would be able to reflect upon their good deeds, that non-participants could acquire an understanding of the Convention, and that researchers would be able to refer to the details of the historic milestones of the Convention (Record 1980, 4). The Record was compiled by the Board of the Religious Affairs and, over 300 pages in length, gives the minutes of the entire Sangha convention. The Record also includes photographs of the minister of the Ministry of Home and Religious Affairs, some selected monks, and some other lay persons.

17. Ten years later, there would come into legislation a further law in relation to gaing. Law Order 6/90 related to the organisation of the Sangha and was issued by the SLORC in 1990. It decreed that the establishment of any new Sangha gaing would be punishable by a minimum prison sentence of six months and a maximum sentence of three years (Religious Affairs 1990, 4). Gaing that did not register are not recognised, have none of the benefits or protections of official gaing membership and risk identification as fake monks.

18. For a more detailed account and analyses of these events and the responsibilities of each subgroup, see Maung Maung Than 1993, 11ff, 30–34.

19. The ID cards for which this group is responsible are known as thāthanāwin hmat tan: for monks and novices and thāthanā nwèwin hmat tan: for nuns. The cards for bhikkhu include 17 pieces of information about the bhikkhu’s background and history. For details, see Maung Maung Than 1993, 25. Every thīlashin over 18 must hold a nun’s ID; nuns under the age of 18 and temporary nuns must be issued with a temporary card by the chief nun in respective nunneries, and the card must be held together with one’s national identity card (national registration card) (Religious Affairs 2002, 41–42).

20. On the tipiṭaka and other examinations see Kyaw 2015, especially 416–418.

21. The full list is: (1) at least 10 vassas (rainy seasons) as a monk; (2) well-versed in vinaya; (3) respectful of the vinaya and endowed with dignity; (4) free from bias; (5) an object of reverence by laypeople; (6) of the rank of abbot, kyaung:htaing sayadaw, chief, nāyaka sayadaw, head, taik-ok sayadaw, administrator, taik-kyat sayadaw, or teacher, sācha sayadaw, of a monastery; (7) have sufficient willingness, competence and confidence to deal with the types of monastic issues entailed; (8) (for town level SSVC) have spent a vassa retreat in the township where he is selected as a judge (vinī:do Sayadaw); (9) was never expelled from any Sangha community in which he serves Sangha activities; (10) was not excluded from participation in any Sangha communities or Sanghanayaka committees at any level; (11) for State/national level and division/state level, an SSVC judge must also hold one of the following degrees: a government dhammācariya degree, a Cetiyaṅgaṇa dhammācariya degree, a Sakyasīha dhammācariya degree, a Takkasīla dhammācariya degree or a Vinayavidū degree (Religious Affairs 2013, 17).

22. In the records of the cases, the canonical references are provided using the names of sutta, volume and chapter. The references we have supplied are to published editions of the texts currently used in Burma. In some instances, the most recent editions have been published long after the case that is referred to in its text. As a result, dates of publications pertaining to each case may appear anachronous.

23. Some of the difficulties surrounding cases about meditation concern the use of vipassanā to refer both to ‘insight,’ as a realisation of a spiritual truth, often as an outcome of meditation, and to the type of meditation used to induce such insight.

24. See Turner (2014) on the rejection of secularism and Cheesman (2003, 53) on the confusion in relation to government policy and monastic schooling in the 1930s, when Shin Ukkaṭṭha was most active in this area.

25. A vinicchaya system set up in 1922 during the British period also failed, in part because of lack of law enforcement backing (Maung Maung Than 1993, 17).

26. For a summary of the recent developments in the direction of understanding consciousness as matter, see, e.g. arxiv.org/abs/1401.1219: Consciousness as a State of Matter (2014).

27. We have not found out more about U San Yin and only know of him from the documentation for this case.

28. See for example, Gethin (2012), on the meanings of the term ‘Theravāda’ in Pali literature, Perreira (2012) on the modernity of the current use of the term ‘Theravāda’, and Skilling (2012) on the lack of firm knowledge about the identity of Theravāda historically.

29. How U Sūriya’s spiritual status was tested is not mentioned in the book. It only mentioned that his case was examined by Town, Division and State Sangha Committees, and that all of them decided that he had committed the fourth pārājika offence (Religious Affairs 1984, 4).

30. Defilements, kilesa, defile and afflict the mind. There are 10 kilesa itemised in the Abhidhammatthasaṅgaha: lobha (greed), dosa (hatred), moha (delusion), māna (conceit), diṭṭhi (false view), vicikicchā (indecision), thīna (sloth), uddhacca (restlessness), ahirika (moral shamelessness) and anottappa (moral fearlessness) (Mon 1995, 264–265).

31. For the details of sīmā practice and consecration see Bhikkhu (2012) on Burmese practice and interpretation of the Canon and commentaries and Kieffer-Pülz (1992) on the Canon and commentaries and their historical development.

32. See Carbine (2016, Table 1).

33. See Carbine (2016), for how this is dealt with in the Kalyāṇī inscription.

34. This applies to procedures conducted on land. Procedures may also be conducted in a sīmā on or above water, such as on a platform or in a boat, and alternative regulations for defining the area then apply.

35. This information about the yojana is not in the same passage of the Mahāvagga and we have not yet identified its source. It may be a reference to the fact that there is no limit for a khaṇḍasīmā consecrated within a monastery or a mahāsīmā, although there is for a mahākhaṇḍa (Bhikkhu 2012, 282).

36. Shin Ukkaṭṭha’s personal mentor and friend, the Burmese monk Shin Ādiccavaṃsa (1881–1950), had advocated the reintroduction of the Burmese lineage in Burma in the 1930s, and as a result was put on monastic trial in 1935. However, at that time, the Sangha’s decisions did not have the backing of law enforcement agencies (Ashin 2016, 109).

37. Personal communication with a senior monk familiar with the case 22 December 2015; https://sujato.wordpress.com/2010/02/16/saccavadis-story/accessed, 22 December 2015.

38. Pyi Phyo Kyaw is currently examining this dynamic in the tendency towards scholasticism in Burmese meditation groups, expanding on work undertaken for her Ph.D. dissertation (Kyaw 2014).

39. The phrase neva suddha nāsuddha, ‘neither pure nor impure’, apparently refers to a monk thought to be guilty of a pārājika offense, but who has neither admitted it nor been proven guilty on the basis of evidence.

40. Although the SSC has authority over nuns, thila-shin, this Act does not cover the possibility of fake thila-shin.

41. The Young Monks’ Association was established in 1938, but outlawed in 1965 by Ne Win. Its original purpose was to obtain liberation from British colonisation, but later it sought to promote Buddhism politically. Before Burmese Independence it had a membership of approximately 32,000, but this had dropped to around 12,000 by 1962, the year of the military coup (Spiro 1971, 387). The unofficial YMA was again banned in 1990 by the State Law and Order Registration Council led by Senior General Saw Maung.

42. http://harvardpolitics.com/world/understanding-aung-san-suu-kyis-silence-rohingya/, accessed 23 March 2017.

43. http://www.bbc.co.uk/news/world-asia-33547036, accessed 27 February 2017.

44. http://thediplomat.com/2016/07/myanmars-radical-buddhist-group-gets-rebuked/, http://www.mmtimes.com/index.php/national-news/21327-could-this-be-the-end-of-ma-ba-tha.html, accessed 7 March 2017.

45. http://www.independent.co.uk/news/world/asia/pope-francis-burma-myanmar-rohingya-muslims-genocide-claims-un-report-latest-a7568496.html, accessed 20 February 2017.

46. http://www.thithtoolwin.com/2017/03/blog-post_511.html, accessed 12 March 2017.

47. http://www.thithtoolwin.com/2017/03/blog-post_453.html, accessed 12 March 2017.