Restrictions on the Rights and Freedoms of Monks in the Legal System of Thailand

Abstract

The rights and freedoms of monks in the Thai legal system are restricted in many ways. Every previous constitution of the Kingdom of Thailand has consistently stipulated that monks are ineligible to vote. This has resulted in monks being denied other rights, such as the right to vote in a referendum and the right to submit proposals for bills or amendments to laws. Furthermore, Section 29 of the Sangha Act B.E. 2505 (1962) provides that investigators have the authority to renounce the monastic life of monks accused of criminal offenses. It also mandates that the Sangha body, the “Sangha Supreme Council,” issue rules, orders, resolutions, and regulations to enforce against monks. This has led to increasing restrictions on the rights of the Sangha. It appears that some of these laws are inconsistent with international human rights principles; some are inconsistent with the constitutional principles of limiting rights and liberties; and some are inconsistent with the principles of the Buddhist discipline. This article aims to examine whether laws enacted to limit rights and liberties are consistent with human rights principles, the constitution, the law of the land, and the principles of the Buddhist discipline and has studied and compared with monks in Myanmar and Sri Lanka, which are Theravada Buddhists, like monks in Thailand, in order to amend the law to be appropriate for monks in Thai society.