The Tsa Yig (Tibetan: བཅའ་ཡིག་,Wylie: bca' yig) is any monastic constitution[1] or code of moral discipline based on codified Tibetan Buddhist precepts.[2][3] Every Tibetan monastery and convent had its own Tsa Yig,[4] and the variation in Tsa Yig content shows a degree of autonomy and internal democracy.[5]
In Bhutan, the Tsa Yig Chenmo (Dzongkha: བཅའ་ཡིག་ཆེན་མོ་; Wylie: bca' yig chen-mo; "constitution, code of law"[6]) refers to the legal code enacted by founder Shabdrung Ngawang Namgyal around 1629.[7] Before the Shabdrung enacted the Tsa Yig as the national legal code, he had established the code as the law of Ralung and Cheri Monasteries by 1620.[8] The code described the spiritual and civil regime and provided laws for government administration and for social and moral conduct. The duties and virtues inherent in the Buddhist religious law (dharma) played a large role in the legal code, which remained in force until the 1960s.[9]
Monastic constitutions
The Tsa Yig, as monastic constitutions or ordinances, emphasize institutional organization and the liturgical calendar. Considered a special type of Buddhist literature, these codes have a close connection with, but are separate from, the general vinaya rules on individual morality and conduct.[10] While they shared some common elements of basic structure, individual Tsa Yig codes vary considerably in scope and content, such that no one could be called typical.[1] These variations indicate a measure of monastic autonomy and internal democracy.[5]
For example, one Tsa Yig included anti-hunting laws banning hunting outright for monks as well as regulating hunting among laypersons. The tsa yig for one gelugpa establishment provides, "when itinerant game hunters appear, they should be punished by gathering their weapons in the protector's temple and in addition exhorted once again to observe lawfulness."[11]
The Tsa Yig is not limited to mainstream Tibetan Buddhism, but has been implemented in Bön monasteries as well. In 1902, for example, the laws of the Tsa Yig were observed written on a broad sheet of pasted daphne paper and posted in a conspicuous position in a Tibetan Bönpo monastery. The Tsa Yig stipulated that when an ordained monk was found guilty of violating rules, particularly those regarding chastity, he should be immediately punished and expelled from the monastery. Such punishments were, however, commutable into fines, such as the payment of money to the lama who ordained him, and providing entertainment and presents for the other monastic authorities and the members of the congregation.[12]
Tsa Yig in Bhutan
The Tsa Yig held a special position in Bhutan as the nation's main legal code from its founding in 1629, through the establishment of the modern Bhutanese monarchy, until de jure abrogation in 1965. During this time, the social and moral code of ShabdrungNgawang Namgyal evolved to a code of regulations for the unified Kingdom of Bhutan. Many basic tenets of the Bhutanese Tsa Yig live on in modern legal codes, including its Constitution.
The Tsa Yig of Shabdrung Ngawang Namgyal laid down the dual system of government of Bhutan, a synthesis of spiritual and temporal authority. Central to the system was a spirit of perfect disinterestedness in the trappings of power. The Tsa Yig governed the conduct of and relations between the debs (kings), the priesthood, and the raiyats (peasants). The spiritual laws were said to resemble a silken knot known as "Chho-Thrim Dargi Dudphu," easy and light at first but gradually becoming tighter and tighter; the temporal and monarchical laws were said to resemble a golden yoke known as "Gyal-Thrim Sergi Nyashing," growing heavier and heavier by degrees.[13] Both symbols appear on the crest of the modern Royal Court of Justice.[14]
The Tsa Yig contained the prohibitions of the "ten impious acts." The prohibitions included homicide, a crime punished by the payment of blood-money. Robbery and theft of church or monastic property was compensable by damages or repayment. The Tsa Yig stipulated eightyfold repayment in cases of stealing the king's property, and eightfold repayment in cases of theft among subjects. Adultery was also punishable by fines. Falsehood was punishable by the offender being put to death in a temple, and the invocation of tutelar deities and gods.[13][15]
The Tsa Yig also contained affirmative duties called the "sixteen acts of social piety." All were required to regard parents with filial respect and affections, and elders with reverence. All were to receive with gratitude any kind action done by others to themselves. Furthermore, they were to avoid dishonesty and the use of false measures. These were the essence of the "sixteen acts of social piety" of the Tsa Yig.[13][15]
In 1907, Ugyen Wangchuck, penlop (governor) of Trongsa, had consolidated power as hereditary monarch of Bhutan and as hereditary holder of the office of the Druk Desi under the dual system of government. Soon after ascension to the throne and office, the king found it necessary to make several modifications to the existing Tsa Yig, citing "dangerous laxity" as having "crept into all branches of justice."[13] Lamas were observed violating their oaths and other priestly habits. Meanwhile, government corruption and inadequacy in law enforcement led to a loss of faith among the populace in its governors.
The king therefore instated new rules in the Tsa Yig, which he justified in terms of Buddhist precepts. Foremost, the king made laws on the collection of taxes and accountability of collectors to the king, prohibited the combining of raiyat (peasant) holdings, retroactively annulled such prior combinations, and provided for the escheat of the property of lamas upon death or retirement in order to curtail their number and power. Regulations on conduct within dzongs was also refined. Taxation in the form of labor remained an important institution.
King Ugyen Wangchuck's reforms prohibited the sale and purchase of slaves, and limited the use of coolies by state officers to occasions where the health of the officer required such. Otherwise, the institution of slavery was left intact: slaves attempting to escape were to be detained, and anyone who harbored an escaped slave was to "make good the slave."[13] However, if one returned an escaped slave, the owner faced a legal obligation to compensate him for his time and effort.
Those who harbored thieves were to receive the same punishment as the criminals themselves. Anyone who wrongly threatened or attempted to strike another with a sword was made liable for a sword fine. One who committed homicide but did not flee the scene was to be punished by being "bound to the corpse of the deceased whom he has killed," whereas one who fled could be killed wherever and whenever he was caught.[13] The children of a homicide were to be banished from their home, a kind of status crime. Exceptions to the prohibition of homicide were refined to include self-defense, exculpating victims of thieves and robbers who overpowered and killed their attackers. Those who killed notorious thieves or enemies during war were to be rewarded. Government insubordination and corruption, as well as the forging of government letters, was to be punished by blinding or by decapitation.[13]
Funerary and other religious rules pepper King Ugyen Wangchuck's reforms. Also included is a ban on the "most filthy and noxious herb, called tobacco."[13]
Codification and abrogation
The grandson of Ugyen, King Jigme Dorji Wangchuck further reformed the Tsa Yig as part of his broader modernization program. He began to open Bhutan to the outside world and took the first steps toward democratization. Upon accession to the throne in 1952, Jigme Dorji Wangchuck put an end to feudalism and slavery and released all remaining serfs.
The Tsa Yig was revised in 1957 and ostensibly replaced with a new code in 1965. The 1965 code, however, retained most of the spirit and substance of the 17th century code. Family problems, such as marriage, divorce, and adoption, usually were resolved through recourse to Buddhist or Hindureligious law. In modern Bhutan, village heads often judged minor cases and Dungkhag (district) officials adjudicated major crimes.[16] While Bhutan's criminal codes continue to be built upon the principles of the Tsa Yig, Bhutan's Constitution of 2008 effectively abrogates the direct political authority of the lamas, capital punishment, and banishment. The modern Constitution does, however, retain sets of duties and prohibitions in a dichotomy similar to the original Tsa Yig.
↑ Worden, Robert L.; Savada, Andrea Matles (ed.) (1991). "Chapter 6 – Bhutan: Theocratic Government, 1616–1907: Consolidation and Defeat of Tibetan Invasions, 1616–51". Nepal and Bhutan: Country Studies (3rd ed.). Federal Research Division, United States Library of Congress. ISBN0-8444-0777-1. Retrieved 19 October 2010.CS1 maint: extra text: authors list (link)
↑ Das, Sarat Chandra; Rockhill, William Woodville (ed.) (1902). "Chapter VIII – Return to Tashilhunpo and Ugyen-Gyatso's visit to the Bonbo sanctuary of Rigyal Sendar". Journey to Lhasa and Central Tibet. London: Royal Geographical Society of London. p.208. Retrieved 25 December 2010.CS1 maint: extra text: authors list (link)
Bhutan's early history is steeped in mythology and remains obscure. Some of the structures provide evidence that the region has been settled as early as 2000 BC. According to a legend it was ruled by a Cooch-Behar king, Sangaldip, around the 7th century BC, but not much is known prior to the introduction of Tibetan Buddhism in the 9th century, when turmoil in Tibet forced many monks to flee to Bhutan. In the 12th century, the Drukpa Kagyupa school was established and remains the dominant form of Buddhism in Bhutan today. The country's political history is intimately tied to its religious history and relations among the various monastic schools and monasteries.
The Drukpa Lineage, or simply Drukpa, sometimes called either Dugpa or "Red Hat sect" in older sources, is a branch of the Kagyu school of Tibetan Buddhism. The Kagyu school is one of the Sarma or "New Translations" schools of Tibetan Buddhism.
Ngawang Namgyal and known colloquially as the Bearded Lama, was a Tibetan Buddhist lama and the unifier of Bhutan as a nation-state. In addition to unifying the various warring fiefdoms for the first time in the 1630s, he also sought to create a distinct Bhutanese cultural identity separate from the Tibetan culture from which it was derived.
The Chogyal were the monarchs of the former kingdoms of Sikkim and Ladakh in present-day India, which were ruled by separate branches of the Namgyal dynasty. The Chogyal was the absolute monarch of Sikkim from 1642 to 1975, when the monarchy was abolished and its people voted in a referendum to make Sikkim the 22nd state of India.
Articles related to Bhutan include:
Zhabdrung was a title used when referring to or addressing great lamas in Tibet, particularly those who held a hereditary lineage. In Bhutan the title almost always refers to Ngawang Namgyal (1594–1651), the founder of the Bhutanese state, or one of his successive reincarnations.
Gongsar Ugyen Wangchuck was the first Druk Gyalpo from 1907–1926. In his lifetime he made great efforts to unite the country and gain the trust of the people.
The House of Wangchuck has ruled Bhutan since it was reunified in 1907. Prior to reunification, the Wangchuck family had governed the district of Trongsa as descendants of Dungkar Choji. They eventually overpowered other regional lords and earned the favour of the British Empire. After consolidating power, the 12th Penlop of Trongsa Gongsar Ugyen Wangchuck was elected Druk Gyalpo, thus founding the royal house. The position of Druk Gyalpo is more commonly known in English as King of Bhutan.
Penlop is a Dzongkha term roughly translated as governor. Bhutanese penlops, prior to unification, controlled certain districts of the country, but now hold no administrative office. Rather, penlops are now entirely subservient to the House of Wangchuck.
Immigration to Bhutan has an extensive history and has become one of the country's most contentious social, political, and legal issues. Since the twentieth century, Bhutanese immigration and citizenship laws have been promulgated as acts of the royal government, often by decree of the Druk Gyalpo on advice of the rest of government. Immigration policy and procedure are implemented by the Lhengye Zhungtshog Ministry of Home and Cultural Affairs, Department of Immigration. Bhutan's first modern laws regarding immigration and citizenship were the Bhutanese Citizenship Act 1958 and subsequent amendments in 1977. The 1958 Act was superseded by the Bhutanese Citizenship Act 1985, which was then supplemented by a further Immigration Act in 2007. The Constitution of 2008 included some changes in Bhutan's immigration laws, policy, and procedure, however prior law not inconsistent with the 2008 Constitution remained intact. Bhutan's modern citizenship laws and policies reinforce the institution of the Bhutanese monarchy, require familiarity and adherence to Ngalop social norms, and reflect the social impact of the most recent immigrant groups.
Penlop of Trongsa, also called Chhoetse Penlop, is a Dzongkha title meaning "Governor of the Province of Trongsa (Chhoetse)". It is generally given to the heir apparent of the Kingdom of Bhutan. The most recent holder of the title was King Jigme Khesar Namgyel Wangchuck, who was then a prince. Although the current heir presumptive is Prince Jigyel Ugyen Wangchuck, the title is reserved for the officially designated heir apparent, which is subject to change by the reigning king. Also, the reigning Druk Gyalpo may retain the office or award it to another person after coronation. The proper reference style is His Royal Highness Trongsa (Chhoetse) Penlop.
The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008. The judicial system comprises the Judicial Commission, the courts, the police, the penal code, and regulations on jabmi (attorneys).
Trongsa Dzong is the largest dzong fortress in Bhutan, located in Trongsa in Trongsa district, in the centre of the country. Built on a spur overlooking the gorge of the Mangde River, a temple was first established at the location in 1543 by the Drukpa lama, Nagi Wangchuk son of Ngawang Chhojey. In 1647, his great-grandson Shabdrung Ngawang Namgyal, constructed the first dzong to replace it, called Chökhor Rabtentse Dzong with a shorter version of Choetse Dzong. It was enlarged several times during the 18th century; the Chenrezig Lhakang was built in 1715 and a whole complex, including the Maitreya (Jampa) temple, was added in 1771. The dzong has since been repaired on several occasions; it was damaged during the 1897 Assam earthquake and underwent extensive renovation in 1927 and 1999.
Simtokha Dzong also known as Sangak Zabdhon Phodrang is a small dzong. It was built in 1629 by Zhabdrung Ngawang Namgyal, who unified Bhutan. It is the first of its kind built in Bhutan. An important historical monument and former Buddhist monastery, today it houses one of the premier Dzongkha language learning institutes. It recently underwent renovation.
The Punakha Dzong, also known as Pungthang Dewa chhenbi Phodrang, is the administrative centre of Punakha District in Punakha, Bhutan. Constructed by Ngawang Namgyal, 1st Zhabdrung Rinpoche, in 1637–38, it is the second oldest and second largest dzong in Bhutan and one of its most majestic structures. The dzong houses the sacred relics of the southern Drukpa Lineage of the Kagyu school of Tibetan Buddhism, including the Rangjung Kharsapani and the sacred remains of Ngawang Namgyal and the tertön Pema Lingpa.
The Dual System of Government is the traditional diarchal political system of Tibetan peoples whereby the Desi coexists with the spiritual authority of the realm, usually unified under a third single ruler. The actual distribution of power between institutions varied over time and location. The Tibetan term Cho-sid-nyi literally means "both Dharma and temporal," but may also be translated as "dual system of religion and politics."
Public holidays in Bhutan consist of both national holidays and local festivals or tshechus. While national holidays are observed throughout Bhutan, tsechus are only observed in their areas. Bhutan uses its own calendar, a variant of the lunisolar Tibetan calendar. Because it is a lunisolar calendar, dates of some national holidays and most tshechus change from year to year. For example, the new year, Losar, generally falls between February and March.
Dzongpen is a Dzongkha term roughly translated as governor or dzong lord. Bhutanese dzongpens, prior to unification, controlled certain areas of the country, but now hold no administrative office. Rather, dzongpens are now entirely subservient to the House of Wangchuck.
Bumthang Province was one of the nine historical Provinces of Bhutan.
The Kingdom of Bumthang was one of several small kingdoms within the territory of modern Bhutan before the first consolidation under Zhabdrung Ngawang Namgyal in 1616. After initial consolidation, the Bumthang Kingdom became Bumthang Province, one of the nine Provinces of Bhutan. The region was roughly analogous to modern day Bumthang District. It was again consolidated into the modern Kingdom of Bhutan in 1907.
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