Buddhist monk's driving license issue

Is driving vehicles suitable or not for monks?    Buddhist monk who asks for a license ...files action  
                                               
Is it suitable or not to issue a driving license to monks to drive motor vehicles? This issue too has to be found a solution from among thousands of cases filed at Appeal courts. This particular issue concerned in this instance is where Dr. Paragoda Wimalavansa Thero of Shri Shakyamuni vihara in Waskaduwa has forwarded a petition to Appeal courts requesting permission to obtain a driving license.

The thero concerned has made this request from the Department of Motor Traffic; but this problem had cropped up because his request had been turned down.

The Attorney-at-Law who appeared on behalf of the petitioner, the monk, told courts that a driving license is issued to any individual according to rules and regulations stipulated according to the Traffic Act. The argument brought forward by Mr. Pieris, Attorney-at-Law is that there is no legal obstruction stated in any clause in that Act which prohibits issueing a driving license in the name of a monk.

The Commissioner of Motor Traffic is the authority in charge of issueing a license. It has been inquired from the Secretary of the Ministry of Buddha Sasana as to whether a driving licence should be issued to the petitioner, the monk. The Attorney-at-Law further mentioned that the petitioner's application form had been forwarded to the Shasana Arakshaka Mandalaya. Subsequently, as they had decided that a driving license should not be issued to the monk concerned, he had come to courts, Attorney-at-Law, Mr. Saliya Pieris said.

The Deputy Solicitor General Mr. Janak de Silva who appeared on behalf of the Commissioner of Motor Traffic and the President's Counsel Mr.Uditha Igalahewa of the Dayaka Sabhava of the Vihara, both said that it was a question pertaining to discipline.

The Deputy Solicitor General said that the judiciary is not permitted to take a decision contrary to Buddhist Discipline because the 9th constitution of the  Constitution of the State is responsible in nurturing and safeguarding Buddhism. He also said that the decision to issue a driving license to a monk is reasonable for the progress of the Shasana is a point that has to be considered. Mr. Silva also pointed out that since issueing a driving license contributes to the decline of the Shasana, the Shasana Arakshaka Mandalaya opposes it. President's Counsel Mr.Igalahewa argued bringing out the point that this particular issue is something that influences Buddhist discipline in a large way.

If issueing a driving license to a monk contributes towards the advancement of the Shasana, it should then be shown mentioned in the Motor Traffic Act and a clause should be added to the Act to enable an opportunity for a driving license which then is a compulsory requirement. However, as Mr. Igalahewa states, since no progress for the Shasana is made in that respect, no additions have been made to the Act in that connection. It was further mentioned, by quoting from an incident in the Vinaya Pitakaya that, during the days of the Buddha, it was made possible for a monk to make use of a vehicle only in the instance when he was deemed sick. The story goes that, when a monk from a very far off place was coming to Shravasti to meet the Buddha he had fallen sick. At that point a team of carters who too were travelling to Shravasti came forward to take the monk to that destination in their mode of transport. On the contrary, the monk had refused their proposal and proceeded to go to Shravasti by foot. On arrival when the monk who was there mentioned this to the Buddha, what He said was that because the monk was in an indisposed state, it was not a violation of discipline to make use of the transport provided him.

Further hearing is expected to begin once again tomorrow (6th). This case is being inquired in order to bring about a solution by a panel of judges comprising Anil Guneratna and Deepali Wijesundera of the Appeal courts.

-Stanley Samarasingha