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Announcing IRG v GBC Legal Action |
BY IRG INTERNATIONAL OFFICE CALCUTTA
INDIA, Mar 28 1999 - The IRG has filed a legal action against the GBC over
their flagrant violation of Srila Prabhupada's final directive on how
initiations would be conducted in ISKCON, sent to the whole movement on
July 9th, 1977. By abandoning this directive from Srila Prabhupada, they
are also in violation of Srila Prabhupada's Last Will and Testament, with
specific regards to the clause calling for no change to the system of
management.
This relates directly to the issue of Srila Prabhupada's continued diksa
status since part of that management system covered initiations. The
lawsuit has been filed in West Bengal, India, where the GBC are currently
registered as a legal entity. The case will be handled by a reputable
legal firm Sandersons and Morgans. Below is set out some of the background
that has made this litigation, however regrettable, nevertheless quite
unavoidable.
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GBC Parameters |
Srila Prabhupada wanted all ISKCON members
to respect the GBC and work together cooperatively under its authority.
For this ethos of respect and voluntary submission to exist the GBC body
themselves must be seen to be acting, to the best of their abilities,
within the stringent boundaries set them by the person who originally
authorized their existence, namely Srila Prabhupada. By clearly and
blatantly acting outside, and even in direct contradiction to those strict
boundaries, the GBC have tragically precipitated their own loss of
authority. Indeed, in the eyes of many devotees in and around the
movement, they have become an embarrassment to Srila Prabhupada through
their speculative introduction of unauthorized systems, practices and
philosophy. Our aim is to place the GBC back firmly within their
prescribed boundaries, and thus assist in the restoration of their
authority. We want to serve under a GBC everyone can be proud of and
respect as faithfully upholding Srila Prabhupada's teachings and
instructions. Thus our action is designed to strengthen the GBC body in
the long term, not weaken or undermine it. In their present consciousness
they will undoubtedly see things very differently.
It may be argued that Srila Prabhupada wanted us to sort our differences
out amongst ourselves, and not resort to outside 'karmi' courts. It was
certainly Srila Prabhupada's intention that the GBC act as sole arbiters
over any disputes arising within ISKCON. However, what does one do if the
GBC themselves are seriously abusing their power? How can the GBC sort out
the problem if they are the problem? If the GBC voted tomorrow that
Krishna was not God, would we all accept it simply because they passed an
official sounding resolution? Of course not, and why? Because everyone
knows the GBC must act within the parameters Srila Prabhupada set for
them. These parameters were clearly set out by Srila Prabhupada in the
following definition of the GBC, which he himself approved:
| "The GBC has been established by His Divine Grace A.C. Bhaktivedanta Swami Prabhupada to represent Him in carrying out the responsibility of managing the International Society for Krsna Consciousness of which He is the Founder-Acarya and supreme authority. The GBC accepts as its life & soul His divine instructions and recognizes that it is completely dependent on His mercy in all respects. The GBC has no other function or purpose other than to execute the instructions so kindly given by His Divine Grace and preserve and spread His Teachings to the world in their pure form." (Definition of GBC, Resolution 1, GBC minutes 1975, emphasis added) |
The ' instruction' they were authorized 'to
execute' was the July 9th directive. They 'had no other function' but to
execute this instruction.
And in terminating this instruction without authority from Srila
Prabhupada, they have acted outside the authority given to them by Srila
Prabhupada. Thus they were NOT acting as the GBC authorized by Srila
Prabhupada, but in their own capacity as a self-regulating body - which
the GBC are not. The GBC are directly regulated by Srila Prabhupada, as
given in the definition above.
Srila Prabhupada often expressed concern over how the GBC conducted
itself, on one occasion in 1972 he even disbanded it altogether. As the
quotes below demonstrate he was well aware of their fallibility and
tendency to deviate:
| "But the
difficulty is that our GBC men are falling victim to Maya. Today I
trust this GBC and tomorrow he will fall down. This is the
difficulty." (Srila Prabhupada letter 16.12.74) |
| "I made the GBC
to give me relief, but if you do like this, then where is the
relief? It is anxiety for me. This is the difficulty, that as soon
as one gets power he becomes whimsical and spoils everything. What
can I do?" (Srila Prabhupada letter 12.9.74) |
| "What will
happen when I am not here, shall everything be spoiled by GBC?"
(Srila Prabhupada letter 11.4.72) "I have appointed originally
12 GBC members and I have given them 12 zones for their
administration and management, but simply by agreement you have
changed everything, so what is this, I don't know." (SP Letter to Rupanuga, 4/4/72) |
Srila Prabhupada's worst fears were
realised the minute he departed. The transgressions are so clear that we
are confident any neutral party, or jury, will see it. We have for some
years warned the GBC of this fact. We have preached to them individually
and as a group. We have answered every question, dotted every i, crossed
every T, and gone to every length we could possibly go to to bring about a
peaceful non-confrontational resolution. Unfortunately the GBC simply
refuse to listen to reason, and instead openly mock, intimidate and ban
our supporters.
The GBC have pronounced in the strongest possible terms that the 'No
Change' presentation of Madhu Pandit and Adri Dharan prabhus is
'blasphemous' to Srila Prabhupada. This is in spite of the fact that the
presentation is based entirely around Srila Prabhupada's own words, and
the GBC themselves have been unable to provide any words from Srila
Prabhupada in opposition.
On the contrary they have never provided any justification from Srila
Prabhupada's instructions for their actions in this matter. It is for this
reason we have been forced to take legal action. The Will says there
should be no change to any systems of management, yet the first thing the
GBC did after Srila Prabhupada's departure was to terminate his system of
managing initiations, and in that way remove him as the diksa guru for
ISKCON.
The GBC may argue that a court cannot decide on the matter since it is a
philosophical dispute. This is a smokescreen. There never was any valid
philosophical objection to Srila Prabhupada's continued diksa status as is
evidenced by all the rebuttals on the IRG web site. Srila Prabhupada set
up legal entities such as a BBT and wrote legal documents such as the Will
so as to legally protect that which he had established. Thus it is
perfectly legitimate to make a legal challenge if there has been some
malpractice or illegality. Srila Prabhupada would expect his followers to
protect his movement from unauthorised activity detrimental to the aims of
the society, and if that protection needed to take the form of legal
action then so be it. If the GBC's case is as solid and insurmountable as
they like to claim then they have nothing to fear, since this is a legal
case with clear legal guidelines.
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The History |
The history of this dispute is well known.
After years of complaints and campaigning of various sorts the GBC asked
for our case to be written down in one definitive document so they could
efficiently answer all our concerns. The result of this request was 'The
Final Order' paper, which was presented to the GBC in Oct 1996. In partial
reply the GBC released a paper called 'Disciple of My Disciple' in which
they completely contradicted their previous explanations as to how Srila
Prabhupada had authorised his displacement as ISKCON's diksa guru. On top
of that the paper failed to address our central concerns and instead
attacked arguments and propositions we had never made (please see 'The
Final Order Still Stands' for details).
The GBC then changed tack and produced another paper, 'Prabhupada's
Order', which again did not answer our concerns, again responded to points
we had never made, and for good measure contradicted their previous paper
- 'Disciple of my Disciple' - (as well as contradicting itself!)
Most recently the GBC asked us to present to them in Mayapur where,
without even responding directly to our presentation, they unanimously
decided we were wrong. How did they come to this conclusion? Was it by
presenting evidence supporting modifications
A & B from 'The Final Order'? Was it by presenting any clear
counter evidence or cogent argumentation superseding the
self-contradictory verbiage they had written previously? No. They reached
their conclusion by a show of hands. No relevant evidence, no proper
explanation, just a show of hands. Amongst them the same hands that had
written self-contradictory and irrelevant rubbish only months before.
So confident were the GBC in the strength of their case that, despite
great protest and dissension, they barred their own deputies from
listening to our 'No Change' presentation.
In this way the GBC has simply become a law unto themselves, protecting
their own positions and funding at any expense. The latest so-called 'guru
reforms' are testament to this, comprising as they do of nothing but an
arbitrary hotchpotch of hastily welded together measures, none of which
having any basis in Srila Prabhupada's instructions (any more than the
original system they were supposed to 'reform'). It is time to call a halt
and bring the GBC to task for their behaviour. This is the only way we can
see ISKCON surviving, and the GBC's authority being restored. The GBC
shall be forced into compliance with Srila Prabhupada's order by the law
of the land.
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Isn't this the same as the Gaudiya Matha? |
The Gaudiya Matha fought for property and
power over whom would be the next acarya, with the very basis of the fight
being in violation of their Guru's order that there was to be no acarya.
Thus even before the court action started, the deviation from the Guru's
order had already occurred, and they were simply going to the courts to
assist in the enforcement of that deviation. Our action is not for control
over land or property or false acaryaship, but to correct and reverse a
deviation from the Guru's order.
Thus the nature and purpose of the IRG is completely the opposite to the
Gaudiya Matha litigation:
| "But just after
his (Srila Bhaktissidhanta Sarasvati Thakura) passing away, his
leading secretaries made plans, without authority, to occupy the
post of acarya, and they split into two factions over who the next
acarya would be. (...) the two unauthorised factions began
litigation that is still going on after forty years with no
decision." (Srila Prabhupada, Caitanya Caritamrta Adi.12.8) |
We expect a far speedier outcome to the
action over Srila Prabhupada's Final Will since it is a clear-cut case in
support of our acarya's direct legally binding instructions. An expanded
version of our 'no change' position has been posted on VNN & IRG in a
paper entitled 'No Change In
ISKCON Paradigm'. This will outline how our case is irrefutable.
Yours in the service of Srila Prabhupada
IRG International Office Calcutta