[PADA: Non reporting of crimes? Hee hee, no kidding. The question I get all the time, why didn't many members of ISKCON, includes leaders or rank and file, report crimes against children -- all along? Not sure yet about the details of this filing, but here is the initial statement. ys pd angel108b@yahoo.com]
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Tirtha Raja <tirtharaja108@gmail.com>
LEGAL NOTICE No. 1 of 5: Saving Accused from Legal Punishment by NonReporting, of Sexual assault on girl child, to Local Police
1 message
Tirtha Raja <tirtharaja108@gmail.com>
Mon, Nov 14, 2022 at 5:16 PM
To: iskconukcpo@gmail.com, Bhanu.swami@pamho.net, revati.raman.jps@pamho.net,
Prahladananda.swami@pamho.net, bhakti.caitanya.swami@gmail.com, anuttama@iskcon.org,
Anuttama.ACBSP@pamho.net, tapan.meshram@gmail.com, gaurangadas.in@gmail.com,
hrdaya.caitanya@radhadesh.com, Hrdaya.Caitanya.SDG@pamho.net, brajavilasa.rns@gmail.com,
subheksana@live.com, gkg@pamho.net, basu.ghosh.acbsp@pamho.net, shankhadharidas@gmail.com,
shankhadharidas@pamho.net, devakinandan.juhu@gmail.com, devkinandan.juhu@pamho.net,
rgomatam@bvinst.edu, Lokanath.Swami@pamho.net, Bhakti.Rasamrita.Swami@pamho.net, BPS@pamho.net,
bvinodaswami@gmail.com, generalsecretary@iskconbureau.org, Bhima.das@gmail.com
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jayapataka@gmail.com, shreejeevadas@gmail.com, bhima.das@gmail.com, mahaman.acbsp@pamho.net,
"jpsmobile@gmail.com" <jpsmobile@gmail.com>, "bnarayan@earthlink.net" <bnarayan@earthlink.net>,
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tulasipriya.lok@gmail.com, shankarpanditdas@gmail.com, tulsi.rns@gmail.com
LEGAL NOTICE No. 1 dated 13-11-2022
Notice Under section 19(1), 21(1) and 21(2) of
POCSO Act, 2012 (Protection of Children from Sexual Offences Act)
R/w Section 9 of ‘Religious Institutions (Prevention of Misuse) Act, 1988
R/w Hon’ble Supreme Court Judgment, dated 2-11-2022,
[Criminal Appeal No. 1874 of 2022; 2022 LiveLaw (SC) 898]
FROM
Tirtha raja dasa,
ISKCON Life Patron Member
UTN Director & Founder (I.I.T. Delhi Alumnus)
To
1. Mr. Kamalesh Krishna das, Director, ISKCON Child Office
2. Mrs. Gandharvika Devi dasi, Case Manager, ISKCON Child Office
3.
4.
5.
6.
Mr. Bhanu Maharaj, Chairman, ISKCON GBC, Mayapur
Mr. Revati Ramana das, Vice Chairman, ISKCON GBC, Mayapur
Mr. Prahladananda Swami, Member, ISKCON GBC, Mayapur
Mr. Bhakti Chaitanya Swami, Member, ISKCON GBC, Mayapur
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7.
8.
9.
10.
11.
Mr. Anuttama das, Member, ISKCON GBC, Mayapur
Mr. Tapan Mishra das, ISKCON GBC, Mayapur
Mr. Gauranga das, ISKCON GBC, Mayapur
Mr. Braja Vilas das, ISKCON GBC, Mayapur
Mr. Hrudaya Chaitanya das, ISKCON GBC, Mayapur
12.
13.
14.
15.
16.
17.
18.
19.
20.
Mr. Gopala Krishna Swami, Chairman, ISKCON Bureau
Mr. Basu Ghosh, Vice Chairman, ISKCON Bureau
Mr. Sankhadhari dasa, Secretary, ISKCON Bureau
Mr. Devaki Nandan dasa, Member, ISKCON Bureau
Mr. Ravi Gomatam, Member, ISKCON Bureau
Mr. Loka Nath Swami, Member, ISKCON Bureau
Mr. Bhakti Rasamruta Swami, Member, ISKCON Bureau
Mr. Bhakti Purushottama Swami, Member, ISKCON Bureau
Mr. Bhakti Vinoda Swami, Member, ISKCON Bureau
Subject:
· Protecting/saving the accused from legal punishment by not reporting to local
police.
·
Non-reporting of sexual assault against female child despite having full
knowledge and thus Violating the legal obligations under section 19(1) of
POCSO Act, 2012 and Section 9 of Religious Institutions (Prevention of Misuse)
Act, 1988 by ISKCON leaders.
Reference:
· Annexure-1: Official decision by ISKCON child Protection Office
· Annexure-2: Supreme Court Judgment, dated 2-11-2022,
Criminal Appeal No. 1874 of 2022; 2022 LiveLaw (SC) 898.
1. Take this notice that you, the above mentioned persons from No. 1 to 20 are all
having full knowledge of sexual abuse of girl child by your subordinate, namely, Mr.
Alan Ross Wexler alias BVPS (Bhakti Vidya Purna Swami), acting as ISKCON guru
and is residing at Mayapur.
2. For purposes of identification, the accused, BVPS, is an initiated disciple of A.C.
Bhakti Vedanta Swami Prabhupada, currently living in Mayapur, India. Born in
Oregon, USA, he is a white-bodied male.
3. The persons in No.3 to 20 are all leaders of religious institute named ISKCON.
4. The persons in No.1 & 2 are your subordinates and have conducted the internal
investigation of the crimes of sexual abuse of female child by the above accused and
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concluded the guilty of accused.
5. The persons in No.1 & 2 also submitted their decision along with evidence and
reasons in the form of report (Annexure-1) to the above ISKCON leaders No. 3 to
20.
6. Perusal of Annexure-1 reveals that the persons mentioned in No. 1 and 2
conducted the investigation and found out that the accused was guilty of sexual
abuse of minor girl chid.
7. The panel consisting of persons mentioned in No.1 and 2 imposed life
restrictions upon accused. The panel also concluded that the accused has decades
of back history of child abuse since 1980s through to 1991.
8. The panel also recorded a finding that some senior ISKCON leadership and
management are intentionally encouraging and providing support to child
abusers.
9. The panel also recorded the findings that the Victim is girl child of age between
14 to 17 years. The ICOCP has received statements from the victim and her mother
alleging child sexual abuse perpetrated by the accused BVPS. The alleged incidents
took place in Mayapur girls Gurukul School. At the time accused would frequently
visit and reside at the girl's school, which was run by Sri Radhe Devi dasi. The
accused was in the position of a guru, teaching the girls mantras, how to bathe,
massage, cook, clean, etc. The accused admits that he engaged in sexual activities
with the victim.
10. The panel also recorded the specific finding about the gross negligence and
failure of ISKCON leadership in terms of preventing Child abuse in ISKCON.
“The panel believes that if ISKCON's senior leadership had been more mindful
of prioritised child protection, BVPS would not have been able to continue
abusing children for so many years and the lives of many children would have
been spared the unnecessary abuse he perpetrated.” (Annex-1)
11. However, all the persons mentioned in S.No. 1 to 20 are intentionally saving the
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accused from legal punishment by non-reporting the above crimes against girl child
to the local police station. Hence, all of you are in gross violation of discharge of the
legal obligation under Section 19 (1) of POCSO act and thus you are
committing crime which is punishable under sub-section 1 and 2 of Section 21
of POCSO act.
12. Further, the ISKCON is religious institution as per section 2(f) of the
RELIGIOUS INSTITUTIONS (PREVENTION OF MISUSE) ACT, 1988. Hence,
you all have the bounden duty of informing the above criminal acts of the accused
against child to the local police station, as per section 9 of the RELIGIOUS
INSTITUTIONS (PREVENTION OF MISUSE) ACT, 1988.
13. It is therefore requested, all of you or any one of you, should go to the local
police station and give the information to the police. Once the information is given,
the police will give you the receipt or register FIR and the same can be mailed to my
mail ID.
14. If you are not willing to report the above crimes against child, to local police,
within TWO days of the receipt of this mail, it is deemed to admit that all of you
are in gross violation of discharging the legal obligation under Section 19 (1) of
POCSO act and thus all of you are committing crime which is punishable under subsection 1 and 2 of Section 21 of POCSO act.
Hence this Legal Notice dated 15-11-2022
Post Script:
Once again, I would like to remind the legal obligation of ISKCON leaders through the
following Extracts from Supreme Court Judgment (Annexure-2):
“The non-reporting of the crime by anybody, after having come to know that a minor
child below the age of 18 years was subjected to any sexual assault, is a serious crime
and by not reporting they are screening the offenders from legal punishment and
hence be held liable under the ordinary criminal law and prompt action be taken
against them, in accordance with law.” Para-13
“Non-reporting of sexual assault against a minor child despite knowledge is a serious
crime and more often than not, it is an attempt to shield the offenders of the crime of
sexual assault. It is an offence of failure to discharge the legal obligation under
Section 19, punishable under sub-section 1 and 2 of Section 21 of POCSO act.”
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To achieve the avowed purpose, a legal obligation for reporting of offence under the
POCSO Act is cast upon on a person to inform the relevant authorities specified
thereunder when he/she has knowledge that an offence under the Act had been
committed. Such obligation is also bestowed on person who has apprehension that an
offence under this Act is likely to be committed. Besides casting such a legal obligation
under Section 19, the Legislature thought it expedient to make failure to discharge the
obligation thereunder as punishable, under Section 21 thereof. True that under Section
21 (1), failure to report the commission of an offence under Sub-Section 1 of Section 19
or Section 20 or failure to report such offence under Sub-Section 2 of Section 19 has
been made punishable with imprisonment of either description which may extend to six
months or with fine or with both. Sub-Section 2 of Section 21 provides that any person
who being in-charge of any company or an institution (by whatever name called) who
fails to report the commission of an offence under Sub-Section 1 of Section 19 in respect
of a subordinate under his control, shall be punishable with imprisonment with a term
which may extend to one year or with fine. Certainly, such provisions are included in
with a view to ensure strict compliance of the provisions under the POCSO Act and
thereby to ensure that the tender age of children is not being abused and their
childhood and youth is protected against exploitation. (Para 11)
2 attachments
Annexure-1__Evidence to prove that your having Knowledge about Child abuse.pdf
278K
Annexure-2__SC Judgment__2022__02-Nov-2022.pdf
107K
14-11-2022, 17:21
PADA: I do not have the text of the annexures:
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