The Regulation of the Sungha Supreme Council of Thailand on the Punishments for the Buddhist Monastic Discipline Infringements (Nikahakama): Appropriateness and Fairness Under the Conceptual Theories and Legal Practices

Abstract

This research has purposes for: (1) studying the process of Nikahakama punishments under the Regulation of the Sungha Supreme Council of Thailand No. 11 (B.E. 2521) on Nikahakama Punishments; (2) studying concepts and universal regulations on judicial procedures which leads to justice in the society; (3) studying problems and sources of problems of Nikahakama punishments pursuant to the Regulation of the Sungha Supreme Council of Thailand on Nikahakama punishments and; (4) proposing suggestion to improve the Regulation of the Sungha Supreme Council of Thailand on the Punishments for the Buddhist Monastic Discipline Infringements (Nikahakama) for appropriateness and fairness in accordance with legal theories and practices. This is qualitative research. The researcher has collected relevant documents, regulations of the Sungha Supreme Council of Thailand, law, regulations, conceptual theories and universal regulations on judicial procedures as well as information from the in-depth interview of 18 monks and ordinary persons.

The result reveals as follows: (1) If a member of monk committee is unable to perform his duty, there should be an appointment of replacement. Nevertheless, if an incident occurs during a process of decision making, a superior to a head of a monk committee should be able to partake in a process of consideration and decision making of a case. (2) Monks should be encouraged to study law. Monk committees should be able to appoint legal consultants. (3) Parties should have a right to oppose members of monk committees. (4) Parties should also be eligible to appoint legal consultants. (5) An accused should have a right to be informed that he has a right to provide or not to provide any information to a monk committee. All the abovementioned recommendations will promote appropriateness and fairness in accordance with the legal conceptual theories and practices.