Decisión oficial (Official Decision) de la ISKCON Central Office of Child Protection sobre el caso de Ananta Rupa dasa, dictada el 10 de julio de 2000

ISKCON Central Office of Child Protection
                        P.O. BOX 1438 ALACHUA, FLORIDA 32616-1438
                                904-418-0882 * FAX: 904-418-0982
                                     EMAIL: dgovinda@aol.com


        CONFIDENTIAL: ATTORNEY CLIENT PRIVILEGE AND WORK PRODUCT


                         Official Decision on the case of Ananta Rupa dasa




This judgment, decided on July 10, 2000, was rendered in accordance with the guidelines for
adjudicating cases of alleged child abuse established by the ISKCON Child Protection Task Force
Report and ratified by the ISKCON Governing Body Commission. This judgment is the Official
Decision of the ISKCON Central Office of Child Protection COCP) on the child abuse case of
Ananta Rupa dasa.


This decision defines the parameters of the relationship of Ananta Rupa dasa with ISKCON. The
ICOCP advises child abuse victims, their parents, and all members of the ISKCON organization
to report allegations of child abuse to governmental social service and law enforcement
authorities. Also, the ICOCP advises all members of ISKCON to learn and follow their local laws
regarding child abuse and mandated reporting of child abuse.


Ananta Rupa dasa is a white-bodied person who joined ISKCON in Miami in 1973 and received
initiation from Srila Prabhupada. He is over six feet tall. In the late 1970s and early 1980s he was
on the staff of the gurukulas in Mayapur and Vrndavana. He also was on the staff of a school in
Manipur. For some time in the 1980s he worked in the life membership department in ISKCON
Bombay. Recently he has resided in Andhra Pradesh. The ICOCP has heard that Ananta Rupa
dasa is involved in an orphanage in India.


Ananta Rupa dasa has not responded to efforts of the ICOCP to contact him. The ICOCP has
provided him full opportunity to respond to all allegations against him, but he has not replied.


Below are sections of the ISKCON Child Protection Task Force Report concerning definitions of
child abuse.


“T. Child Maltreatment


A. Definition- A broad range of mistreatment of children including neglect, physical, abuse,
sexual abuse, and psychological abuse.


1.   Child- a child is defined as 0-18 years of age OR whatever the legal definition for a child is in
the particular country where the alleged maltreatment occurred.


B. Types of Child Maltreatment

B.2. Physical Abuse- An act of commission ( perpetration ) by the parent or caretaker where the
child is physically injured and/ or marks such as bruises, welts, lacerations, or burns, etc. are
visible. Although the injury is not an accident, the parent or caretaker may not have intended to
hurt the child. The injury may have resulted from over-punishment that is inappropriate to the
child's age.


a) Forms of physical abuse include: punching, beating, shaking, whipping, caning, burning,
slapping, biting, kicking, ear twisting, throwing.


Example: a student is whipped with a cane and red welts are visible, a parent slaps a child so hard
across the face that black and blue marks appear in the shape of a hand; an infant is shaken so
hard that brain damage occurs ; a mother spanks an 11-month-old.




b) Corporeal punishment can also be considered abusive if, although no single incident leaves a
mark or results in an injury , the frequent and chronic use of such has a deleterious cumulative
effect. (In a recently published study on spanking, researchers found that the more frequently
spanking was used as a method of punishment ( three or more times per week ) the more
antisocial behaviors the child developed.


Example: A child is spanked for every minor infraction, several times a week


B.3. Sexual Abuse- An act of commission ( perpetration) where a child is coerced, induced,
persuaded, enticed, seduced, or entrapped into sexual acts with another person. The coercion can
be either physical or verbal. The other person could be either an adult, an adolescent (12-18 years
of age ), or even in extreme cases, another child (less than 12 years of age ) The abuser uses
his/her position of authority or power (size, age, social position, cognitive differential) to exert
control over the victim.


a) Forms of sexual abuse include:


(1) voyeurism ("Peeping Tom" ) (2) exhibitionism( flashing ) (3) taking pornographic pictures
of the child (4) having the child watch while the perpetrator masturbates (5) forced masturbation
(6) kissing (7) fondling (8) digital/object penetration of vagina and/or anus (9) oral sex (10)
sodomy (11) intercourse


Examples: A 14-year-old boy badgers (verbally coerces) his 13-year-old male friend into anal
sodomy by repeatedly calling him a sissy; an ashram teacher fondles a boy's genital while
tucking him in; a father engages in
any sexual activity with his daughter; an aunt has a 9-year-old nephew suckle her breast


B. 4.   Sexual Harassment- Sexual harassment consists of unwelcome sexual advances, requests
for sexual favors and/ or other inappropriate oral, written or physical contact of a sexual nature.
Such conduct creates an intimidating, hostile, and offensive environment.

Sexual harassment, as defined above, may include, but is not limited to the following:


a) verbal harassment or abuse;
b) pressure for sexual activity;
c) repeated remarks to a person with sexual or demeaning implications;
d) unwelcome or inappropriate touching;
e) suggesting or demanding sexual involvement accompanied by implied or
explicit threats.


Example: a) A male devotee pats a young girl in an inappropriate place,
or frequently puts his arm around the shoulder of a young teenage brahmacarini. b) a brahmacari
repeatedly taunts and denigrates an young girl, calling her a "Maya devi’, "prostitute", or worse.


Notes:


2. These guidelines do not exempt one from observing local laws. For example, in Sweden
corporal punishment of any kind is against the law. Our
parents, guardians, and care providers are expected to be aware of and observe local laws."


Cultural norms and/or poverty are to be taken into consideration when considering neglect,
corporal punishment, and psychological abuse. Cultural norms refer to different perspectives on
child-raising, discipline, education, etc., according to local custom and practice... There will
naturally be variances in facilities and outlooks on child care, but at the same time there are basic
and universal standards...Cultural norms...are not a loophole but a factor for consideration. They
are never an excuse for child abuse... ISKCON   is an international organization encompassing
many countries and cultures. While
recognizing these variations, there are universal and basic standards of decency and morals...



From section 3-D-20:


Rule 20. Degrees of offense:


Misdemeanors: ...


Definition:


4. precursors to sexual abuse, i.e., the ‘private parts’ were not touched but the child’s body space
was violated with the clear intent of being sexual if the progression had not ceased."


Section 1.1.B.5 defines child psychological abuse as "A repeated pattern of
behavior that conveys to the child that they are worthless, flawed, unwanted, unloved, or only of
value to meet another person's needs. This seriously erodes and damages the child's self-esteem

and sense of worth as a person." The report lists forms of psychological abuse as including
spurning, terrorizing, corrupting, and denying emotional responsiveness.


The ICOCP has received a testimony, dated May 22, 1999, from a former gurukuli (claimant 1)
who reported as follows:


He said that, when he was a child in the Vrndavana gurukula, Ananta Rupa (AR) told him that he
(AR) is not attracted to adult men or women. He is attracted to boys between 7 and 12 (perhaps a
little older). Also during conversations AR would admit to claimant 1 that he was interested in
Man-boy groups. There was one incident when AR specifically referred to an article in Time
magazine about such associations that promote sexual relations between men and boys. claimant
1 stated that AR always had at least one boy he was sexually involved with. He was always
grooming and cultivating someone. claimant 1 stated that AR did many good things for the
Vrndavana gurukula. He describes AR as very competent and intelligent. AR befriended claimant
1 when claimant 1 was 11 or 12 years old. claimant 1 felt respected and appreciated by AR.
claimant | reports that AR would have boys massage him, often in groups of three boys, so
nothing went on. Then sometimes he would have claimant 1 massage him alone. Then he asked
claimant 1 to join him for morning yoga, which claimant 1 did. Then after a while during yoga
AR would say that his gamsha is too restricting for yoga exercises and take it off. Then AR would
say that the kaupins are too constricting, and that yoga should really be done naked. Then after
some days of doing yoga naked with claimant 1 watching, AR would have claimant 1 massage his
backside. Then AR asked claimant 1 to masturbate him. claimant 1 had no attraction to do this,
and felt really unpleasant doing this, though he felt that he somehow owed it to AR to do this,
because AR was his friend. So he did this about a dozen times from early 1982 through early
1983. At one point AR asked claimant 1 to perform oral sex on him, but claimant 1 refused. In
early 1983 (claimant 1 stated it may have been late 1982) claimant 1 refused to masturbate AR
any more. When he did this AR became very angry and struck claimant 1 hard. But when AR
saw that by becoming angry claimant 1 did not acquiesce to his desires, AR then became
apologetic and pleaded with claimant | not to tell anyone about their dealings. claimant 1 stated
that AR was always very manipulative and coercive. For instance, he would tell claimant 1 that
another boy was performing oral sex on him, to see if claimant 1 would do it out of a competitive
mood. There was no other occasion (other than the time claimant 1 refused AR) that AR struck
claimant 1. claimant | reported that, generally speaking, AR treated him especially good.
claimant 1 feels that if he had submitted to AR’s desires when AR got angry, then AR would have
learned that intimidation worked, and would have continued to use this tactic to get claimant 1 to
comply to his desires. claimant 1 didn’t tell anyone about AR’s deeds for quite a while. claimant 1
visited home in the United States during the summer of 1982, but he didn’t tell anyone about the
incidents. He returned to Vrndavana after the summer. He also returned home in the summer of
1983. During this summer claimant 1 received several letters from AR, pleading for claimant 1 to
return to Vrndavana, which claimant 1 didn’t do. In 1983 claimant 1 went to the New Mayapur
gurukula in France. claimant 1 reported that AR told him about sexual relations AR had with two
or three other boys. claimant 1 also reported that AR was good friends with [the name of another
alleged child sexual abuse perpetrator], a Bengali who was in Vrndavana at the time. Based on
the conversations between [name of the other alleged perpetrator] and AR, it was clear to
claimant | that [name of alleged

perpetrator] was also engaged in sexual relations with some of the boys. AR and [name of alleged
perpetrator] would discuss which boy belonged to whom. ..”


Claimant 2 stated that he was physically abused by Ananta Rupa dasa in the Vrndavana gurukula.
He wrote “From 1978-1983 I was in Vrndavan and was physically abused by the following:
[Lists “Ananta Rupa” amongst the names of several staff members.]”


Notes from an interview with claimant 3 read as follows: “He states that sexual abuse was
rampant in the Vrndavana school, and that Ananta Rupa would protect the boys who engaged in
sexual activity. [name of claimant 3] reported that Ananta Rupa sexually abused many boys.”


Claimant 4 stated to an interviewer in 1990, in Vrndavana, that Ananta Rupa dasa made claimant
4 fondle him, and that Ananta Rupa fondled claimant 4, The ICOCP has received notes from
ISKCON’s former Minister of Education, indicating several additional allegations of child sexual
abuse perpetrated by Ananta Rupa dasa. In these notes it is stated that claimant 4 “directly states
that Ananta Rupa engaged in illicit sex with him and other boys.” At the time that claimant 4
made these statements he was a young adult, and was reporting on alleged incidents that occurred
several years earlier.


In the notes from the Ministry of Education it is stated that Ananta Rupa dasa sexually
perpetrated against claimant 5, claimant 6, claimant 7, and claimant 8. These alleged incidents
allegedly occurred during the years 1983-1985 in Vrndavana, when Ananta Rupa dasa was a
member of the staff of the school in Vrndavana, and the claimants were students in the asrama
gurukula school.


The ICOCP has a letter dated July 30, 1985, from Ananta Rupa to Dhanurdhara Maharaja,
wherein Ananta Rupa practically admits, although not specifically, to allegations of child abuse
referred to in a letter from Dhanurdhara Maharaja to Ananta Rupa dasa dated March 20, 1985.


A letter dated October 20, 1986, from Dhanurdhara Swami to Bhanu Swami, states “I am writing
concerning Ananta Rupa who was dismissed from our faculty for child molestation. His offenses
were not only of the most perverted kind, and oft repeated, but premeditated as well...Ananta
Rupa has proved unrepentant by not only trying to solicit boys after his expose and punishment,
but by parading as an ISKCON Sannyasi as well...To protect our society I personally had him
removed from Bombay and Padayatra...recently I received reports from devotees that had spoken
to him, that he not only denies any involvement in such crime, but claims that actually it was the
leaders here who were actually corrupt, and his removal were in response to his desire to expose
us...Considering his offenses...We feel now that if he doesn’t publicly admit his crimes and leave
India, sufficient grounds are there to excommunicate him from ISKCON. We therefore at present,
considering his bad character, recommend that he not be allowed residence in any ISKCON
temple.”


Based on the testimonies and documentation described above, this panel has determined that
Ananta Rupa dasa committed physical, psychological, and sexual abuse of many children,

causing them tremendous harm and suffering. Due to these grievous transgressions, it is the
determination of this panel that Ananta Rupa is not permitted to have any contact with ISKCON
or ISKCON-affiliated organizations for ten years from the date of this Official Decision. This
restriction includes a prohibition from visiting an ISKCON temple or participating in ISKCON
functions. After ten years from the date of this Official Decision Ananta Rupa dasa may reapply
to the ICOCP or the GBC Executive Committee for reinstatement into ISKCON. This application
for reinstatement will be considered if Ananta Rupa complies with the following stipulations:


1) He must contribute at least $7,000 to an organization dedicated to serving Vaisnava youth,
such as Children of Krishna, the ICOCP, or a gurukula approved by the ICOCP.


2) He must give at least $5,000 to the ICOCP grant fund, to be specifically used for victims of
child abuse that he perpetrated.




3) He must write apology letters to all the victims described in this letter. In these letters he must
fully acknowledge his transgressions of child abuse, and he must take full responsibility for those
actions. Also, he must express appropriate remorse, and offer to make amends to the victims.
These letters should be sent to the ICOCP, not directly to the victims.


4) He must undergo a psychological evaluation by a mental health professional pre-approved by
the ICOCP, and he must comply with recommendations for ongoing therapy described in the
evaluation report and by the ICOCP.


5) Ananta Rupa dasa must fully comply with all governmental investigations into misconduct on
his part.


After Ananta Rupa complies with the five conditions above, his application for reinstatement will
be considered. If Ananta Rupa dasa is readmitted as a member of ISKCON, then his participation
in the activities of the organization must be constrained as follows:


6) Ananta Rupa dasa cannot reside overnight on ISKCON property or on the property of an
organization affiliated with ISKCON.


7) Ananta Rupa dasa cannot lead kirtanas or give class at an ISKCON temple or at an ISKCON
function, or at any function of an organization affiliated with ISKCON.


8) Ananta Rupa dasa cannot perform any service for ISKCON or an ISKCON-affiliated
organization that involves association with children (A child is defined as a person under 18 years
of age).


9) Ananta Rupa dasa must show this document to the temple president or facility manager of any
ISKCON temple or project that he visits, and obtain a signed statement that the president or
manager has read this decision. Ananta Rupa dasa must send the signed copy of the decision to
the ICOCP.

10) Ananta Rupa dasa cannot visit ISKCON property or attend an ISKCON function if his child
abuse victims or their family members are present, unless, uncoerced and without manipulation,
they give their consent.


11) Ananta Rupa dasa is not permitted to hold any positions in the ISKCON organization, or in
any organization affiliated with ISKCON.


12) If Ananta Rupa dasa violates any of the dictates of this Official Decision, then he can have no
association with ISKCON temples or projects until his case is reviewed by the ICOCP. This ban
means that he cannot enter ISKCON property or the property of any organization affiliated with
ISKCON.


These judgments constitute the minimum restrictions that an ISKCON organization may place on
Ananta Rupa dasa . Any specific ISKCON organization may choose to invoke more stringent
restrictions.


While this Official Decision has delineated various restrictions and conditions, the panel
members realize that engagement in devotional service to Sri Krsna is essential for purification.
Though it is not the function of this panel to determine or suggest the type of devotional service
that Ananta Rupa dasa should perform, we want to mention that, within the restrictions described
herein, there are countless ways in which Ananta Rupa dasa may serve Srila Prabhupada’s
mission, and we encourage him to do so. Also, we wish to state that the directives described in
this document, such as writing apology letters and donating for the betterment of the children of
Srila Prabhupada’s movement, are also forms of bhakti-yoga.


According to the ISKCON Child Protection Task Force Report, Section 5, in cases where an
allegation(s) of child abuse are determined to be valid, the accused may appeal the Official
Decision to the GBC Executive Committee and the ISKCON Minister of Justice within one
month of the date of this decision. The Official Decision described in this document is effective
immediately, and the perpetrator must abide by its guidelines during the appeal process, should
he choose to appeal this decision.


Judges serving on this case were: Laxmimoni dasi, Mathuresa dasa, and Ijya dasa. The Case
Manager for this case was Dhira Govinda dasa. The Director of ICOCP at the time of this Official
Decision was Dhira Govinda dasa.