Women, Constitutions, and Buddhism
Gender inequality exists in most of the world’s religions. In Buddhism, many Buddhists have come to assume that being born a woman represents a lower status and a lesser spiritual potential (French & Nathan, 334). The stereotype of a female rebirth as lower than a male has historically resulted in discriminatory attitudes toward women and has been correlated with obstacles to women’s education and ordination. Id. Buddhist women, including nuns, have faced harsh discrimination by Buddhist institutions in Asia for centuries. However, the Buddha and even the Dali Lama himself have accepted the role of women as Buddhists nuns and acknowledged the possibility “of attaining all four stages of the religious path to liberation.” Id. at 344. This reflection paper will focus on the role of women in Buddhism and its effect on the law and also speak on the influence of Buddhism in the Constitutions of Bhutan.
The Buddha taught a path to enlightenment and liberation from suffering for all sentient beings and people in every walk of life, to women as well as men, without discriminating class, race, nationality, or social background. For those individuals who wished to dedicate themselves fully to the practice of his teachings, he established a monastic order that included both a Bhikshu Sangha (an order of monks) and a Bhikshuni Sangha (an order of nuns). The first step in becoming a Buddhists nun (or monk) is the going forth or leaving the household life. According to tradition, a nun receives the ten precepts of a novice, the precepts of a probationary nun, and eventually the more 300 precepts of a fully ordained nun. Id. at 345. However, I interpreted the readings with disbelief that women were actually accepted as equal to men because in some Buddhists traditions there were“ rules that nuns must receive full ordination from both bhiksunis and bhiksus, [meaning that] in countries where there were no bhikunis, women are not able to receive the precepts in their own tradition.” Id. at 346. This was a hindrance for many women trying to become Buddhist nuns. This reminded me of women in the United States and how although we have equality, there are still some circumstances such as wages, which lead us to be doubtful of the extent of the equality women possess compared to men.
In the United States, women working full time, year round in the United States were typically paid only 79 cents for every dollar paid to their male counterparts in 2014. For women of color, the gaps are even larger. These gaps exist because of many factors, one being having occupations that are clearly male-centered, such as the legal field. One solution to the inequality of pay for women is to strengthen the equal pay laws in the United States. The same can be said about Buddhist nuns. If there can be a reform of the monastic community and how it interprets the religious law codes to include instead of exclude women from ordination. Also, another potential starting point is to reconsider the theory of karma and its relation to gender discrimination because to achieve the highest goal of enlightenment men and women should be treated justly. Id. at 349. While some Buddhists have claimed that women and men have equal opportunities to achieve liberation, the lack of opportunities for women to receive full ordination is quite obvious. However, Buddhist norms are gradually changing toward gender equity, awarding women more opportunities than just marriage or the joining the monastery. This new direction may positively affect Buddhist tradition around the world.
Throughout the readings one reoccurring theme of Buddhism is that it adapted itself to the local cultures and policies it encountered as it spread to the north and east of India. Id. at 350. Therefore, Buddhism is problematic as a general concept when understanding different countries with Buddhist practices and its emerging changes. Chapter 20 of Buddhism and the Law, focused on Buddhism and Constitutions in Bhutan. Bhutan is located in the northern area of South Asia and is also in the eastern Himalayan mountain area. Bhutan's national identity is intimately bound up with its religious identity as a Buddhist nation. Buddhism influences both the daily lives of its people as well as the government, in which Buddhist religious leaders have considerable power. In fact, Buddhism became one of the principal sources for the written constitution in Bhutan.
The Constitution of Bhutan was enacted on July 18, 2008 by the Royal Government of Bhutan. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan. The current Constitution illustrates how Buddhist principles and values have been interpreted and incorporated into legal texts. Id. at 366. Similarly, in the United States, the framers of the American constitution were absolutely opposed to a national, established Church; however; they understood that in order for people’s words to be believed in court, they had to believe in God and future rewards and punishments in the world to come. At the time of the ratification of the federal constitution, most states had constitutionally defined, basic sets of beliefs that were necessary to be held by those who took oaths or held office. These were not seen to be in violation of the national constitution. This comes to show that religion affects many areas of the law in all parts of the world because they represent and provide a standard for moral codes which should be followed.
Throughout the readings this week, I understood the importance of interpreting religious law codes and how it such codes influence politics and social movements not only in Buddhist countries but in all countries.