lawsuit

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Newsletter of the Iskcon Revival Movement (IRM)

Issue 30

 

Message from Adridharana Dasa, Temple President ISKCON Calcutta:

 

 

 

1. Gurukula Lawsuit Special - The Facts

 

The filing of the $400 million child-abuse lawsuit has generated much

rhetoric from both those opposed and in support of the lawsuit. We have

heard many sweeping opinions from "Mr Turley is doing a good job cleaning up

ISKCON" to "The Gurukulis who filed the case are demons" etc. etc. However,

what has largely been conspicuous by its absence in the discussion thus far

has been the lack of a detailed reference to the actual complaint which has

been filed. Rather than being swept up purely by a wave of emotion, it is

important that we pay close attention to what the actual lawsuit *itself*

states. We may have not been able to do this thus far, since we are not all

lawyers, and the specific language of the complaint may not mean that much

to us. However, until we *do* understand the complaint, it would not be wise

to take a position regarding the lawsuit. We have had a top U.S. attorney

analyse the complaint for us, and what follows has been taken from his

assessment of the complaint. The full text of the complaint can be found at

www.turley.com.

 

We will not concern ourselves here with the motives of those who either

support or are against the lawsuit. We have simply stepped back and taken a

dispassionate look at what the complaint actually states. We will lay out

the facts, and let the devotees make up there own minds as to whether the

lawsuit is beneficial, and whether or not they should support it by either

joining the lawsuit or agreeing to testify. The complaint will be quoted in

speech marks thus, and we will present this information in a simple 'key

facts' format, so that it is easy to understand.

 

 

FACT 1: *** Srila Prabhupada is, for all purposes, *personally* named as a

defendant ***

 

One simple point which has been missed is that this is not just a lawsuit

against the 'GBC' or 'ISKCON'. Srila Prabhupada is also named as a defendant

via his estate, which is standard practice when a defendant has passed

away. The complaint, in listing the defendants, names the executors of Srila

Prabhupada's estate, specifically in their capacity "*as* Executors of The

Estate of A.C.Bhaktivedanta Swami Prabhupada". Therefore the lawsuit is

claiming that Srila Prabhupada is also guilty along with Kirtanananda,Tamal

Krishna etc.etc. This lawsuit is as near as you can get to stating that

Srila Prabhupada was himself *personally* also responsible for all the

molestation that went on in ISKCON. The fact that the GBC are named as well,

does not lessen this allegation against Srila Prabhupada's personal

culpability.

 

Fact 2: *** Srila Prabhupada is named *again* via the proxy of ISKCON ***

 

Right at the *beginning* the complaint defines ISKCON as follows:

 

"ISKCON is a spiritual institution based on a faith founded in the United

States by A.C. Bhaktivedanta Swami Prabhupada (a/k/a "Prabhupada") in the

United States in July, 1966."

 

This makes it clear that all practices, teachings and activities of ISKCON

are *based* on the faith given by Srila Prabhupada. The complaint does not

subsequently go on to make any distinction between the activities of ISKCON

and the *real* faith as given by Srila Prabhupada. Thus any attack in the

complaint on ISKCON is effectively a direct attack on Srila Prabhupada.

 

Fact 3: *** The Complaint Directly Attacks Srila Prabhupada's Teachings ***

 

This is *not* just a lawsuit against the actual *acts* of child abuse and

those persons who *performed* those acts. In addition, it is a lawsuit

against the circumstances and conditions which *allowed* these acts to

happen. The chief condition, it is alleged, that allowed this to happen, was

the existence of the Gurukula itself, which was set up *specifically* to

*neglect* children, by devotees having to 'relinquish their parental

duties'. The complaint states:

 

"Because of the total devotion demanded of its followers by ISKCON, adult

"devotees" of ISKCON were encouraged, and, in order to advance within the

faith, required to relinquish their primary parental duties and place their

children in ISKCON-founded and sponsored schools, primarily boarding

schools, known as "gurukulas,"

 

Thus simply *having* a Gurukula involved parents having to "relinquish their

primary parental duties". This is a direct attack on Srila Prabhupada's

philosophy, since he considered the establishment of Gurukula "most

important":

 

"I consider the gurukula school to be one of the most important aspects of

this movement." (letter to Stoka-Krsna 6/20/72)

 

"It is the most important preaching work; training our children in Krishna

Conscious education."

(Letter to Mohanananda, 12/11/72)

 

Fact 4: *** Srila Prabhupada's Instructions are Given as Examples of Child

Abuse ***

 

The complaint lists the types of 'abuse' that the children suffered, and for

which they are claiming damages. In doing so, the plaintiffs also list

things which are not examples of child abuse at all, but simply the

execution of Srila Prabhupada's instructions:

 

"12. The children were physically abused by being awakened every day in the

early morning hours (generally at 4:00 a.m.) and subjected to a cold shower,

after which they were taken, without any breakfast, to a daily religious

service.

 

13. The children were not provided bathroom tissue, but instead were

expected to wipe themselves with their fingers, after which they would dip

their fingers into a bowl of water.

 

22. Children were controlled by various threats to hurt or kill them and by

punishments. Young children, strictly limited to a vegetarian diet, were

continually terrorized when told that non-Krishnas were meat-eaters

 

26. Sometimes the children were sent by their superiors to massage and bathe

the religious gurus and then drink their now "blessed bath water."

 

31. The children were emotionally abused by subjecting them to near-total

parental and societal isolation. In an effort to totally control their

minds, the children were, in most cases, separated and isolated from their

parents and were not allowed to have regular contact with their parents.

 

33. Even though the children were given by their parents to ISKCON to

educate, except for the reading of their "vedic scriptures," the children

received little or no education.

 

34. Because of near-total isolation from the outside world and lack of

education, the children who remained within the ISKCON schools for extended

periods of time were totally unequipped to enter outside society."

 

Waking up early and cleaning yourself with water after passing stool is part

of the Vedic culture, and not examples of 'child-abuse'. To be 'strictly

limited to a vegetarian diet' and told that 'non-Krishnas were 'meat-eaters'

is not an example of 'terrorising' someone. Also, if children engaged in

massaging Srila Prabhupada, this also is *not* child abuse. Remember

that in this complaint, 'Guru' is equally applicable to Srila Prabhupada. No

distinction is made between Srila Prabhupada and the pretender Gurus, and

between activities that occurred pre and post-77. The last 3 items, 31, 33 &

34 are simply an attack on the Gurukula education system. Gurukulas are set

up specifically to train boys to become priests or preachers, and are *not*

intended to provide secular education, and are *not* intended to equip the

graduates for secular society, and are designed to protect the children by

insulating them from society. If this is 'child abuse' then Jesuit, Amish

and other religious boarding schools would also be guilty of practising the

same child abuse, yet the US government has not shut these schools down but

actually subsidised them by granting them non-profit status.

 

Fact 5: *** Srila Prabhupada is charged personally with conspiring to

cover-up the abuse. ***

 

This is the infamous paragraph 35:

 

"35. The founder of the institution, Prabhupada, was informed in 1972, at a

time when he totally controlled the institution, that extensive physical and

sexual abuse of minor ISKCON children was occurring, but he concealed the

wrongdoing from the public, parents and all but a handful of close

advisors."

 

This untrue allegation is listed along with the horrible sexual crimes of

paedophilia as an example of the 'Abuse Inflicted'.

 

*** Fact 6: Srila Prabhupada is accused of setting up the Gurukulas as a

'front' for criminal activity to illegally enrich himself ***

 

The complaint states:

 

"The Defendants, at least in part, established and operated the school in

order to permit the parents to be freed to solicit and raise money for the

benefit of the gurus, temple leaders, and ISKCON corporations. Raising funds

and distribution of money were at the core of, and a pattern and practice

of, the Defendant's wrongful conduct and racketeering practices. ISKCON

and its leaders also enriched themselves by granting special favours to

large fund raisers and donors, even if some large donors were drug dealers

and other criminal elements."

 

Please note that since the complaint states later that the 'primary abuse'

occurred from 1972 onwards, Srila Prabhupada is one of the 'defendants',

'Gurus' and 'leaders' named above who acted in this illegal manner. Thus,

Srila Prabhupada, at least in part, set these schools up to make himself

money, and was willing to commit many crimes to do so. This is known as

'Racketeering'. See next point.

 

Fact 7: *** Srila Prabhupada is charged with setting-up ISKCON as a Racket

Like a Mafia Boss ***

 

The lawsuit alleges that the "Krishna Enterprise" was from the very

beginning operated like a criminal organisation:

 

"Each Defendant has been associated with the Krishna Enterprise. Each

Defendant helped to direct the enterprise's actions and manage its affairs.

Each Defendant conducted or participated, directly or indirectly, in the

conduct of the Krishna Enterprise's affairs through a pattern of

racketeering activity in violation of 18 U.S.C. § 1962©. The Defendants'

pattern of racketeering activity dates from at least 1971 and continues to

the present, and threatens to continue in the future."

 

(Please note that 'racketeering' as an illicit act was originally conceived

of to specifically fight organised crime, and has usually been used against

the Mafia).

 

It clearly states that these activities were going on from "at least 1971",

and as shown under 'Fact 5' earlier the complaint had stated that in 1972

Srila Prabhupada "totally controlled the institution". Thus it is alleged

that Srila Prabhupada had effectively set up an organisation to enrich

himself through criminal acts. Just as the Mafia bosses came from Italy to

the USA and set up operations such as casinos, betting offices etc., which

they also "totally controlled" to enrich themselves, Srila Prabhupada had

come from India and set up ISKCON, Gurukulas etc., which he also ''totally

controlled'' to enrich himself through criminal activity. And the horrible

molestation which occurred was part and parcel of these 'racketeering

activities'.

 

Fact 8: *** Srila Prabhupada's Alleged Guilt Runs Throughout the Whole

Lawsuit ***

 

The introduction of 'racketeering' violations as being integral to the case

has clear implications for the strategy of the lawsuit. It means that the

culpability of Srila Prabhupada is also effectively integral to the lawsuit.

Just as with criminal racketeering suits that have been filed against the

Mafia, the culpability of the head of the organisation or the 'Don' who

"totally controls" the organisation, is usually central to the case.

Similarly, this lawsuit, having invoked the Racketeering laws (RICO), and in

stating:

 

a) That Srila Prabhupada is a de facto defendant via his estate;

b) That ISKCON has been functioning as a 'Racket' "at least since 1971";

c) That Srila Prabhupada "totally controlled the institution" and;

d) And that Srila Prabhupada personally knew of, and actively covered-up,

the child abuse which was occurring;

 

means that Srila Prabhupada's guilt is fully tied up with that of the other

defendants. Turley and Co. are not going to concede this guilt, knowing full

well that it could have implications for the whole basis of their case.

 

*** Thus one is not going to be able to *lessen* this alleged guilt of Srila

Prabhupada by *supporting*, either by testifying or joining, the very

lawsuit that has Srila Prabhupada's guilt as its basis. ***

 

To claim otherwise is simply betraying a complete ignorance of what the

lawsuit actually *states*.Thus joining the lawsuit, or making any testimony

on behalf of the lawsuit, can only have the effect of at least indirectly

supporting the most horrible of allegations against Srila Prabhupada.

 

 

 

*** Conclusion ***

 

Therefore in total, the lawsuit as it stands at the moment is stating that:

 

*** Srila Prabhupada founded a criminal child molesting organisation, and

that he actively nourished and sustained these activities both through his

personal actions and teachings. ***

 

To simply state that Srila Prabhupada did not act alone but acted in concert

with his partners in crime - the GBC - as the lawsuit alleges, does not

alter this insane and horrible central allegation. In effect, the lawsuit is

no different in terms of Srila Prabhupada's culpability, than if it had been

filed against Srila Prabhupada ALONE. To put it another way - imagine if the

$400 million child abuse lawsuit had been filed against Srila Prabhupada

ONLY, claiming that he was responsible and that his estate should pay. In

such a situation, every sane man, woman and child would have rushed to crush

the lawsuit and defend Srila Prabhupada from such a heinous charge. The

current lawsuit in simply adding *OTHERS* as also being responsible does not

change the lawsuit's assertion that Srila Prabhupada was also culpable in

the manner listed above.

 

Please note the above is simple legal fact based on the text of the

complaint, as analysed by an US attorney. Anyone who had taken the time and

trouble to carefully read the complaint with the help of any lawyer, would

have also come to the same conclusion. Thus in our eagerness to 'nail the

GBC' and obtain justice, unless we proceed with intelligence and consider

the actual FACTS rather than just be driven on by emotion, we will end up

promoting the greatest falsehood imaginable.

 

Thus it is hard to see how a lawsuit which alleges the above could be

tolerated by anyone claiming to love or defend Srila Prabhupada. The

argument that it is fine to sacrifice Srila Prabhupada's name because the

lawsuit will ALSO possibly hurt a few temples and some ex-GBCs, makes no

sense either. It is like cutting off your nose to spite your face. The aim

of ATTACKING the GBC would be to DEFEND ISKCON and Srila Prabhupada from

them. So how are you achieving this if you need to ATTACK Srila Prabhupada

and *HIS* ISKCON in the process? If a house has been occupied by burglars,

you do not remove them by burning the whole house down WITH THE REAL OWNER

INSIDE. This is why the IRM has filed a suit that names ONLY the

non-obedient impostor Gurus and GBC and NOT ISKCON, and is BASED on the fact

that Srila Prabhupada is the pure unimpeachable Bona Fide Spiritual Master -

not BASED on the fact that he is a criminal child-molesting promoting

gangster, as in the case of the Turley suit.

 

Please study the 8 *facts* above and see for yourself how the lawsuit

inflicts such a horrible DEFAMATION on Srila Prabhupada.

 

The Gurukulis *definitely* need justice for the abuses that have been

inflicted upon them. But ATTACKING Srila Prabhupada is not the way to

achieve it. On the contrary it is the worst course of action possible. The

lawsuit could just as easily have been drawn up in such a way so as to

exonerate Srila Prabhupada, not implicate him as a central figure.

 

Surely if we claim to love Srila Prabhupada, should we not be opposing such

a horrible lawsuit with all our might?

 

*** There is nothing so important in this world that we must sacrifice Srila

Prabhupada to achieve it. ***