Decisão Oficial do Escritório Central de Proteção Infantil da ISKCON no caso Bhavananda dasa, proferida em 1º de julho 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




         Official Decision on the case of Bhavananda dasa


This judgment, decided on July 1, 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
(ICOCP) on the child abuse case of Bhavananda dasa (legal name).


This decision defines the parameters of the relationship of Bhavananda 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.


Bhavananda dasa is a white-bodied person who has received initiation from Srila
Prabhupada. He was formerly in the sannyasa asrama and for several years was an
initiating guru and a member of the ISKCON Governing Body Commission. Currently he
resides in Australia.


The ICOCP has received several testimonies of alleged child abuse perpetrated by
Bhavananda dasa. The ICOCP has received an email letter, dated November 19, 1999,
from a representative of the ICOCP, reporting on a conversation he had with Bhavananda
dasa. During that interview Bhavananda responded to some of the accusations of child
abuse that he allegedly perpetrated. Bhavananda has not responded to other attempts of
the ICOCP to contact him concerning the investigation of this case.


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


"1, DEFINITIONS OF TYPES OF ABUSE


Preface:


Cultural norms and or poverty are to be taken into consideration when considering
neglect, corporal punishment, and psychological abuse. (By cultural norms we mean
different outlooks on child raising, punishment, dealing with teenagers, education etc.
according to local custom and practice.)

What a parent may be able to provide in one country and is accepted as basic care there,
may not be available in another country. Parents or guardians may be in poverty or in
rural environment. There will naturally be variances in facilities and outlook on child
raising, but at the same time there are basic and universal standards as well; children can
be kept as safe, clean, cared for, educated, and emotionally supported as possible.
Cultural norms and or poverty are not a loophole but a factor for consideration. They are
never an excuse for sexual abuse.




Child Protection Standards


Overview: ISKCON is an international organization, encompassing many countries and
cultures. While recognizing these variations, there are universal and basic standards of
decency and morals. Each temple and/or community is expected to comply with its own
local child protection standards (established by the




local and or regional child protection team), to follow the standards established by the
central office for child protection, to abide by all relevant GBC resolutions, and to work
with the local police and civil authorities, as required. The following child abuse
definitions represent the minimum standard in basic child care.


I. 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 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.


b) Corporal 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.


B. 5.   Psychological Abuse- 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 verbal battering seriously erodes and damages the child's self-esteem and
sense of worth as a person.


a)   Forms of Psychological Abuse


1. Spurning- hostile, rejecting humiliating parent/caretaker acts that degrade the child.


2. Terrorizing- parent/caretaker behavior that is likely to hurt, kill, abandon or place the
child's loved ones, or the child in a dangerous situation.


3. Corrupting- acts that encourage the child in criminal, anti-social behaviors.


4, Denying Emotional Responsiveness-ignoring the child's need for love and affection.”


Regarding Bhavananda dasa, one devotee (witness 1) stated that he remembers in the
Henry Street temple in New York that one time Bhavananda got angry with the children
about something. He had all the children come downstairs to the basement and expose
their bottoms. He started to whack them indiscriminately, and, according to witness 1,
who was one of the children, with maliciousness. This was 1970. The witness was 7 years
old. This testifier also witnessed that Bhavananda madea child eat raisins till the child
vomited. This testifier further reported that in 1975, in Mayapur, when he (the deponent),
was walking and chanting, Bhavananda, practically every day, would punch the child’s
arms. This was supposedly in jest, but it actually hurt the 12 year old child quite a bit. His
arms had black and blue bruises due to this. This routine continued for about a year. The
child reported that he told two leading ISKCON authorities about these arm-punching
incidents, but they just laughed and didn’t take it seriously. This witness further related
that sometimes, when Bhavananda found a child sleeping when he didn’t want the child
to be sleeping, he would not allow that child to take prasadam that day. This witness also
related that Bhavananda would whack children on the head with a gong stick during
kirtana. The testifier personally got lumps on his head from getting whacked by
Bhavananda’s gong stick. This young man described an incident when he had
complained to his mother that he wasn’t happy in gurukula. Bhavananda heard about this,
and Bhavananda grabbed the youth by the shirt and pushed him against the wall, and said
something to the effect of “If you have any complaints, you tell them to me.” The witness
further stated that on occasion Bhavananda would come to the gurukula and start abusing
children, grabbing them to get them out of bed, pushing them, and yelling at them.


Another witness (witness 2) stated “Yes, I also remember for sure how he used to beat
the kids. I got a little personal taste of it the very first day I joined the Vrndavana
Gurukula. It was during arati, and because I wasn’t jumping up and down in ecstasy, I got

his fat fist hammered on my head from behind. Boy, was I shocked! What a sweet
beginning.”


Witness 3 said “He used to sometimes call the boys over to his room [in Vrndavana].
Then we all had to sit there while some teacher...used to tell all the bad things so-and-so
did, and then that boy had to come up and get a good smack across the face. If you ever
got one from him, you know what it means. It was about three times as strong as any
other maniac would ever hit a kid.”


Witness 4 reported “Bhavananda didn’t limit his attention to gurukula boys. I remember
when I lived in Vrindavan when I was four, he used to take special delight in lifting me
up by my pony tail.”


Other testimonies from witnesses 2, 3, and 4 include the following:


“T want to confirm that story about how he used to bring up the boys to his room and
smack them around. I was one of those boys.”


“Bhavananda used to take special interest in the punishment of the kids in Vrndavana
when he was there, especially if some infraction was committed in his presence. I
remember one time during his Vyasa puja, I wasn’t adequately enthusiastic. He pointed at
me and signaled that he’s seen me. After it was over, he had me and a few other kids
come up to his room where he gave us a few of his patented smacks. He would smack
harder than anyone else. After a few of his smacks my ears would ring, I’d see stars, and
would be so disoriented that I could barely stand up. Needless to say, we were all crying
when we left...”


Witness 5, during a phone interview with a representative from the ICOCP, stated that 5
times, in the late 1970s or early 1980s, Bhavananda made him, when he was a teenager,
masturbate Bhavananda, and Bhavananda passed semen.


In response to reading some of the allegations of child abuse, Bhavananda dasa, during an
interview with a representative from the ICOCP, said that he fully accepts that he made
many mistakes, and he feels terrible about that. Notes from the interviewer paraphrase
Bhavananda as saying “I am just trying to salvage something... I have made such a mess
of my life. Looking back I think the main cause was due to having no realization about
Krsna consciousness. I really had no idea what it was; I just understood I loved Srila
Prabhupada and wanted to serve him, but I had no real understanding of the philosophy.
Its only now that I am getting a glimmer of what it means... am willing to apologize but I
needa little time to formulate it so that I can do it all in one go. I understand that there is
no harm that can come from being humble -- it is the quality of a Vaisnava -- I want to try
to be as humble as I can.” When Bhavananda read the allegations from witness 5, he
shook his head in denial and said something about it being "some kind of madness", or
some words to that effect, indicating that the accusation is absurd. Then he said "I don't
even know who this [name of witness 5] is." Bhavananda did not reply to attempts by the
ICOCP to obtain from him a written statement concerning the allegations of witness 5.

The interviewer described Bhavananda as “...frank, humble and genuinely regretful of
mistakes and offenses he committed in the past. It was clear that he has a genuine desire
to reform himself and cling on to the process of devotional service and the lotus feet of
Srila Prabhupada.”


This panel herein acknowledges the many years of service that Bhavananda dasa has
devoted to Srila Prabhupada's movement, and appreciates his expressed willingness to
atone for the mistakes he made that caused suffering for children in Srila Prabhupada’s
movement. The panel accepts the testimonies of witnesses 1, 2, 3, and 4. Concerning
witness 5, there is some uncertainty as to whether witness 5 was a minor at the time of
the alleged incidents. Thus it is not clear whether the allegations of witness 5 fall under
the jurisdiction of the ICOCP, and therefore this panel will not adjudicate those
allegations.


Based on the evidence and descriptions above, this panel has determined the following:


Bhavananda dasa physically and psychologically abused several children, thus causing
pain and suffering for these young devotees. We believe that, for the healing of himself
and his child abuse victims, Bhavananda dasa needs to specifically and individually
acknowledge his excesses in his dealings with children. In order for Bhavananda dasa to
have any connection with ISKCON, including the right to visit a temple, he must write
apology letters to witnesses 1, 2, 3, and 4. In these letters Bhavananda dasa must
specifically acknowledge his transgressions of child maltreatment, take full responsibility
for them, express appropriate remorse, and make genuine offers to the victims to make
amends in every way possible. If Bhavananda dasa does this, then he may participate as
an active congregation member in an ISKCON temple. The ICOCP will assist
Bhavananda in any way it can to locate the child abuse victims. He should send his letters
to the ICOCP, not directly to the victims. If in the future the ICOCP hears from additional
victims of child abuse that was perpetrated by Bhavananda dasa, then Bhavananda dasa
should also write appropriate letters of apology to them.


For at least 3 years from the date of this Official Decision Bhavananda dasa is not
permitted to reside in an ISKCON temple or at any project affiliated with ISKCON. Also,
for 3 years he is not permitted to represent ISKCON by giving class or leading a kirtana
or bhajana in an ISKCON temple or at an ISKCON -affiliated project. After 3 years he
may have these privileges restored if he complies with the following:


1) Bhavananda dasa must contribute at least $5,000 US to an organization, pre-approved
by the ICOCP, that is dedicated to serving Vaisnava children, such as Children of
Krishna, the Mayapur CPT, the ICOCP, or an ISKCON gurukula approved by the
ICOCP.


2) Bhavananda dasa 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.

As lifetime restrictions, Bhavananda dasa must not have a service involving connection
with children, except for atoning for his offenses against children in ways described in
this document, and must not hold a position in ISKCON, such as temple president,
temple treasurer, or Governing Body Commissioner.


If a child abuse victim of Bhavananda dasa is present at an ISKCON function or on
ISKCON property, and Bhavananda dasa is also present, then Bhavananda dasa must
leave the premises if the former student objects to his presence. This condition is in effect
for 3 years from the date of this Official Decision.


These judgments constitute the minimum restrictions that an ISKCON organization may
place on Bhavananda 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 Bhavananda dasa should perform, we want to mention that, within
the restrictions described herein, there are countless ways in which Bhavananda 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: Hanuman dasa, Jyestha dasi, and Praghosa 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.