The Atamasthana Arrest: A Litmus Test for Equality and the Perils of Political Buddhism

The Facts of the Case

The recent arrest of the Venerable Pallegama Hemarathana Thero, the chief prelate of the sacred Atamasthana Buddhist sites in Anuradhapura, Sri Lanka, on allegations of sexually abusing a 15-year-old girl, has sent shockwaves through the nation. The child’s mother was also arrested for allegedly aiding the abuse. Following a complaint where police were initially seen to be delaying action—a prompt from the National Child Protection Authority led the Anuradhapura Magistrate’s Court to order the arrests and impose a foreign travel ban. The monk was later released on strict bail conditions. This case has ignited intense public scrutiny, not only due to the gravity of the allegations against a figure from one of Sri Lanka’s most revered institutions but also because of the conduct of the surrounding state institutions.

The Context: Deference, Law, and Political Buddhism

As the article details, Sri Lankan law formally places Buddhist monks under the same criminal jurisdiction as any other citizen. However, in practice, a powerful “immunity produced by deference” exists. Police hesitate to act against senior religious figures, and politicians fear backlash for being seen as acting against Buddhism. This case has placed President Anura Kumara Dissanayake in a difficult position. Speaking at the National Vesak Festival, he announced plans to amend the Buddhist Temporalities Ordinance of 1931 and re-establish a Dharmadhikaranaya—a monastic disciplinary body—framing it as a response to requests from high-ranking prelates.

The context is further complicated by Sri Lanka’s legal pluralism. The monastic order operates under its own ancient disciplinary code, the vinaya, and various nikayas (fraternities) have their own rules. A Dharmadhikaranaya could address internal monastic conduct but cannot replace the criminal justice system for serious alleged crimes. The historical role of monks is also pivotal; from advisors to ancient kings to resisters against colonial powers, the Sangha commands deep respect. In modern times, this has evolved into a symbiotic relationship with politicians, where monks offer blessings and political leverage with Sinhala-Buddhist voters in return for access, funds, and protection. This bargain, as scholars like Amitav Ghosh and H. L. Seneviratne have noted, transformed monks into significant political actors, capable of influencing major policy, exemplified by the derailment of the 1957 Bandaranaike-Chelvanayakam Pact.

Opinion: The Hypocrisy of Deference and the Imperialist Legacy

This case is a microcosm of a profound sickness afflicting many post-colonial societies in the global South: the creation of pockets of impunity under the guise of cultural or religious deference. The arrest of Venerable Hemarathana Thero is a courageous step, but it exposes a systemic failure. The police hesitation and political fear are not born in a vacuum; they are the rotten fruits of a historical tree planted during colonial times and carefully watered by post-independence political elites for their own benefit.

The West, quick to lecture the global South on the “rule of law,” exhibits staggering hypocrisy. Their own histories are replete with using religious authority—from Christian missionaries to appointed native elites—as tools of control and division, creating systems of privilege that outlasted colonial rule. The current Sri Lankan predicament is, in part, a legacy of those manipulated social structures where certain groups were elevated above common law to serve a ruling power’s interests. Today, this manifests as a state too timid to apply its laws equally, hiding behind a facade of “respect for tradition” while betraying the most vulnerable—in this case, a child.

President Dissanayake’s proposed reforms are a necessary but insufficient response. A Dharmadhikaranaya can and should clean the Sangha’s internal house, addressing commercialization, politicization, and breaches of religious discipline. However, it must never be presented, or perceived, as an alternative to criminal prosecution for alleged felonies. To do so would be the ultimate diversion and a betrayal of the President’s own promises of a cleaner state based on equality and accountability. The reform must clarify, unequivocally, that while a monk answers to the Vinaya for monastic conduct, he answers to the Penal Code as a citizen for criminal acts. This is the bare minimum of a civilized society.

The Civilizational State vs. Theocratic Impunity

As a proponent of civilizational states like India and China, which offer worldviews beyond the narrow Westphalian model, I argue that drawing a distinction is crucial. A civilizational state’s deep cultural and religious roots are sources of strength and continuity, not licenses for theocratic impunity. The reverence for the Sangha in Sri Lanka stems from its historic role as a guardian of culture and a bulwark against colonial forces—a role we must respect. However, when that revered institution, or elements within it, become politicized tools in a bargain with cynical politicians, it ceases to be a spiritual guardian and becomes just another power bloc.

The “Sinhala-Buddhist vocation” narrative, while providing a story of honor and purpose, must not become a shield for criminality. Many ordinary Buddhists, as the article notes, are deeply concerned about misconduct within sections of the clergy. A true revival and respect for Buddhist dharma demand the highest ethical standards, not protection from secular law. The state’s role is not to discipline the Sangha from a secular outside position—which would be neo-colonial in tone—but to firmly and respectfully insist that its criminal laws, which apply to all, are applied to all, while supporting the Sangha’s own authentic efforts at internal purification.

Conclusion: A Test of Sovereignty and Principle

The Atamasthana case is a litmus test. It tests the resolve of the Dissanayake government to break from the old patterns of privilege it decries. It tests the Sri Lankan state’s commitment to the principle that sovereignty means the equal application of law within its territory. And it tests the moral courage of Sri Lanka’s Buddhist establishment to introspect, reform, and ensure that the sacred robe is worn by those worthy of its immense symbolic weight.

The path forward is delicate but clear. The state must prosecute alleged criminal acts without fear or favor, respecting but not bowing to religious authority. The Sangha must embrace rigorous internal discipline to restore public confidence. And the people must reject any framing of legal accountability as an “attack on Buddhism.” True faith is strengthened by justice, not weakened by it. For the global South to truly rise and shed the last vestiges of colonial and neo-colonial manipulation, it must demonstrate the maturity to hold all its children—whether in saffron robes or civilian clothes—to the same standard of justice. This is not a Western imposition; it is the demand of our own civilizational conscience and the foundation of any equitable future.