©1997-2004 VNN
|
EDITORIAL  Kirtananada Release ISKCON Constitution BY PRABHUPAD DAS ADHIKARI EDITORIAL, Jul 14 (VNN) — Shriman Akruranatha Dasa's statement, "No law requires a religious corporation holding public services to allow anyone and everyone to attend. A religious organization or a nonprofit corporation has at least as much right to prevent unwanted persons from trespassing on its private property as any private corporation or individual has." does not adequately address the issue presented in my response to Shriman Anuttama Dasa's original posting. Akruranatha Dasa inappropriately introduces the concept of trespass in opposition to that of invited guest. There is a vast difference between a trespasser and an invited guest. ISKCON is known worldwide as a religious institution that holds varieties of religious services open to the general public without prejudice of the attendees status at the time of attendance. General practice shows that individuals are rarely asked to vacate the premises unless they are disrupting the proceedings by inappropriate behavior. It is a logical fallacy to invite members of the public as gueststhen censure one as a trespasser due to past behavior in a different location. He erroneously compares the public programs of non-profit religious organizations to those of private corporations or individuals. The purpose of granting non-profit status to certain kinds of corporations is because their public programs are different. The public programs of religious institutions are meant for the benefit of the public and not the financial benefit of the organization, thus there is less ability for such an organization to screen who attends and who does not. No tickets are sold or invitations handed out. Anyone who appears at the door is welcome to enter. In my early experience in ISKCON those who were unclean were taken to the shower first. Those too intoxicated to stand were propped against the wall and hand fed prasadam. The concept of loss of control over private land open to the public in general has lead to litigation that mandates political activity be allowed on private property, to wit, political petition circulation on the private property of Wal Mart, Safeway, Target, etc. In the sphere of religious programs history shows a greater openness and willingness to invite and allow anyone to attend. There is a chilling effect when religious institutions make public offerings of spiritual ministry and then treat the guests as if they were attending a private club or corporate convention, selecting at the door who is a more worthy candidate for the mercy of the Lord and rejecting others. If any are more deserving or welcome they are the most fallen, the felons, sex offenders, prostitutes and animal killers. The mood of spiritual ministry is to make anyone and everyone welcome in the association of devotees and performance of devotional service. It would be an instance of extreme bad manners and spiritual immaturity for ISKCON to invite the general public and then censure certain individuals in that public with "trespass" because they are under ecclesiastical restriction due to actions previously performed outside the scope of invited guest. Trespass entails some form of damage to the plaintiff by the instant action of the trespasser. If a person under ecclesiastical censure attends a religious service as a member of the invited public, the plaintiff must show some tangible damage for a trespass to have occurred. The allegation of trespass at a certain location and time cannot be sustained by reference to failure to abide by a restriction imposed in the past upon a person who was then not a member of the general public. The mood of spiritual ministry is elicited daily by devotees in their worship of Srimati Tulasi, which is sufficient to absolve the killing of a Brahman. There is also mention elsewhere that an important element of Vaishnav etiquette is to make one's enemy feel comfortable in one's home. It is in the heart of a Vaishnav to forgive offenses, especially in allegations where no just trial has been conducted, and strive to pave the way to continued association for past offenders. Akruranatha Dasa must show that the ban on Kirtanananda arises from actual crimes against specific individuals that have been prosecuted in a court of law, either within ISKCON or in the National system. ISKCON currently has no system of jurisprudence where rights and crimes are described, due process enacted and legally sound judgments and sentences rendered. He must therefore show that the ban is based on a judgement issuing from one or more specific cases. If the ban on Kirtanananda arises from hearsay and/or prejudice and does not issue from a legally sound judgement it can have no standing in any court of the Nation nor can it have credibility in the minds of a rational person. In the event a suit arises, ISKCON would be hard pressed to sustain its allegations of mischief on grounds of hearsay, prejudice and personal vendetta. "Well, your Honor, we banned him because we heard he did bad things. No, we did not conduct a trial, no, we have no tangible evidence, we just don't like him, he doesn't play by our unwritten rules, we can't control him, and, basically, your Honor, we just don't like him and want him out of our playpen." If the ban simply rests on failure to perform an ecclesiastical duty, then restriction from participation in public religious services is a cruel and unusual punishment not befitting an organization purported to stand on principles of understanding, compassion, forgiveness and mercy. If Kirtanananda has committed no crime against an individual, appears as a member of the invited public at an ISKCON Temple and does not disturb the peace, ISKCON has no legal, logical or spiritual reason to contact the local police. The existence of an ecclesiastical restriction cannot apply to a former member who appears as a member of the invited public, nor can it be presented to a police officer as "cause" for a trespass action. "Well, officer, he is just sitting there as a member of the invited public and is not disturbing anyone. We want you to remove him because, when he was a member, he did not follow resolution 108. Someone said he performed crimes, there was no trial, but he was excommunicated and banned. Well, no, he is not disturbing the peace now but we want him removed for trespassing. Yes, he was invited as a member of the public but now we want him out for trespassing because he is banned due to resolution 108. Well, ok, I understand, you can't make him leave due to there being no trespass or public disturbance. Oh, I understand, I have to let him stay because he is not trespassing in the legal sense but should consult our lawyers and file a restraining order." If such a scenario did take place, the police arrive, the person in question is removed, then files suit, the court proceedings would again open up the interior of the ISKCON system of justice in a public forum where anyone could walk in and observe, including the media. ISKCON would be wise to follow the Vaishnav way, allow him access to public programs, and tolerate the urge for mundane revenge and punishment. Akruranatha Dasa has revealed his stature as a legal professional and, as such, is invited to present statute and case law references where specific religious institutes have brought suit and prevailed in instances similar to the subject matter presented here. Absent a Constitution with a living Judicial branch founded on standard legal principles and practices it will be nearly impossible for ISKCON to attain and maintain the status Akruranatha Dasa cites it already has, "in my personal experience ISKCON continues to be a vital mission that is doing great good by promulgating the teachings of Srila Prabhupada and the practice of Krishna consciousness throughout the world." If ISKCON is actually promulgating the teachings of Shrila Prabhupad, Akruranatha Dasa is invited to show evidence of the existence of an ISKCON Constitution, Varnashram Development [Varnashram College at each center, rural communities, etc.] Gurukula system, and so on. This is not to discredit what ISKCON is doing now that is beneficial, but to challenge ISKCON to come out of denial and take the growth steps necessary to bring it in line with Shrila Prabhupada's teachings so that it can ascend to its true stature, as opposed to devolution into a mundane religious institution. The subject matter presented hereis an important issue, not only for ISKCON, but for the entire Gaudiya Vaishnav Sampradaya in the modern era. If the Mission of Shri Chaitanya Mahaprabhu is to emerge as a viable alternative social system, beyond the status of a religious institution, there must be a tangible effort on the part of leadership to establish a Vaishnav Civilization defined by a world class Constitution. Much of the contention and strife within ISKCON and other Gaudiya Vaishnav organizations is caused by failure to understand and follow the Varnashram [Culture Building] instructions of Shrila's Bhaktivinod, Bhaktisiddhanta and Bhaktivedanta. Presently the mission has no World class constitution, no Judicial system, no internal land based economy, nor provision for the construction of villages and cities. So long as the Gaudiya Vaishnav Sampradaya remains a religious institution integrated with and dependant on the surrounding mundane society it will be subject to contamination and eventual extinctionas that society self-destructs under the impetus of rampant machine technology. With respect Prabhupad Das Adhikari Contact VNN about this story  Send this story to a friend
NEWS DESK | EDITORIALS | TOP |
