Court case against the Dalai Lama concludes: no victory, no defeat either

Due to the on-going persecution of Buddhist adherents of the four centuries-old practice of the protective Buddha Dorje Shugden by Tenzin Gyatso, aka the 14th Dalai Lama, and his "Central Tibetan Administration" (CTA), following a ban of that religious practice, the Dorje Shugden Devotees' Charitable and Religious Society took the brave step of filing a Petition to the Delhi High Court, New Delhi, India in 2008.

On 5 April 2010, after more than two years of struggle, the Petition was finally dismissed by Justice S. Muralidhar on technical grounds.

The major reason cited for denying jurisdiction was location. The government of India pointed out that this court has no territorial jurisdiction over a dispute. As they are located in Dharamsala, the state government is to investigate the allegations against the Dalai Lama and Tibetan government in exile. Indian government does not recognize the so-called Tibetan government in exile.

Justice Muralidhar pointed out:

"It is however clarified that the dismissal of this petition will not preclude any individual member or members of the [Dorje Shugden Society] to seek appropriate remedies as may be available to them in law" before the police in Karnataka and its state government.

It was further stated that worshippers of Dorje Shugden have a right to freedom of religion as enshrined under Article 25 of the Constitution.

Predictably, the website of the Central Tibetan Administration on April 20 claimed this as a victory for them, falsely stating on their website that “Justice Muralidhar's decision had the effect of closing the doors on the possibility of similar complaints in the future.” In fact, Justice Muralidar clearly stated that by dismissing the case in its present form he would not express any opinion on the merits or demerits of the case, and he clearly pointed out in paragraph 12 of the Order (as mentioned above): "It is however clarified that the dismissal of this petition will not preclude any individual member or member of the Petitioner No. 1 Society [i.e., the above named Dorje Shugden Society] to seek appropriate remedies as may be available to them in law before the appropriate forum…".

The court noted that the Shugden Society's harassment and maltreatment accusations had not yet been lodged in a formal complaint to the local police authorities. This has led the CTA to take the Justice’s comments out of context, stating that the Petition had been dismissed due to 'vague averments' regarding cases of harassment and persecution against Shugden devotees. The actual order in fact reads that they were vague statements because "the criminal law remedies available to the Petitioners has not been availed of by them" (para 8), i.e. the victims. This of course is likely due to intimidation and fear of further persecution.

Despite the CTA propaganda, it is clear from studying the judgment that there was no victory, but nor was there a defeat. The dismissal was mainly for two reasons. (1) The Justice did not see a territorial jurisdiction of the Delhi High Court pointing towards the law and order institutions of the States of Himachal Pradesh (the seat of the Tibetan leader) and Karnataka (the site of the large Tibetan settlements Mundgod and Bylakuppe). (2) He mentioned the lack of records in the local police files due to the absence of complaints by victims of the Dalai Lama's actions.

This ruling in fact lights the way for future court cases in the coming years to be tried in the appropriate state forums, especially as and when individual victims garner the courage to make official complaints to the local police and the records of those complaints pile up. As the persecution continues and monks are still expelled en masse from their monasteries, there is sadly no shortage of evidence to bring against the Dalai Lama and his CTA.

As the Dorje Shugden Society said on April 22:

"There is no question of win - lose here. The dismissal of the case is disappointing. On the other hand, this experience has given us a second chance to approach it in a better and more efficient way. Moreover, it also implies that collaboration and fraternity are priorities. Also, our lawyer said that the Society can file a Suit and individuals who are affected can file individual Petitions. The society tried its best according to its ability. Of course the society is poorly funded. But this is not end of our struggle for religious freedom, human dignity and equality, since our cause is just. And it goes without saying that those who walk on the path of truth often face challenges. Despite hindrances we ought to make effort that no one live through the deprivation of their basic rights, and pledge to promote love, compassion and tolerance in lieu of merely preaching them."

Dalai Lama found guilty of persecution by High Court

We have recently received an update regarding the court case against the Dalai Lama and the Tibetan Government in Exile over their persecution of Dorje Shugden practitioners and their breaking of the Indian Deity discrimination law.

There was a hearing on the Dorje Shugden case on the 14th of September at the High Court in Delhi. This was the 3rd hearing, which was convened to examine the written response from the Dalai Lama's representatives to the allegations of Deity discrimination and religious discrimination against Dorje Shugden practitioners. This is nine and a half months after that response was received by the Court.

The Judge dismissed the Dalai Lama's arguments as unconvincing, further asserting that there was sufficient documentary evidence to prove that the Dalai Lama was in fact persecuting followers of the deity Dorje Shugden and that this would have to cease henceforth. The decision was made to issue a warning to the Dalai Lama to stop the persecution. The Judge declared that punitive measures would be initiated if the Dalai Lama refused to comply.

A commentator remarked:

"Apparently, Dharamsala is mysteriously silent, and this is not new! They are probably contemplating on the next course of action--whatever it may be. It is possible that they may contemplate peaceful and violent means--or, on the contrary behave as if nothing has happened!"

Postscript: It's worth noting that, although the Western Shugden Society has stopped its protests against the Dalai Lama, the Dalai Lama has not stopped trying to destroy the practice of Dorje Shugden. He recently spoke out against relying on the Deity in his Medicine Buddha empowerment in Long Beach, California and during his visit to Washington, where he spoke directly to Tibetans about the issue. This is yet more evidence that the Dalai Lama is engaging in actions of religious discrimination, something he now legally has to stop in India.

Samdhong Rinpoche Blames Abbots for Signature Campaign!

It seems that the Abbots of Sera Je, Sera Mey, Gaden Jangtse, Gaden Shartse, Drepung Gomang and Drepung Loseling were recently summoned to Dharamsala by the Prime Minister of the Tibetan Government in Exile, Samdhong Rinpoche.

Unbelievably, Samdhong Rinpoche scolded the Abbots for pushing the signature campaign on all monks to renounce Dorje Shugden in the three great seats of Sera, Ganden and Drepung Monasteries.

He said that their "insistence on the signature campaigns has made personal difficulties for the Dalai Lama."

Could this be Samdhong Rinpoche and the Dalai Lama's attempt to wriggle out of being implicated in the September Indian Supreme Court case, where they are on trial for Deity discrimination? Could it be because the international public are increasingly wary and suspicious of the Dalai Lama undermining others' religious freedoms? By blaming the Abbots, they might let themselves off the hook?

In the short term they may look better in the Indian supreme court and in the court of international opinion, but in the long term this new strategy will likely backfire as it presents irreconcilable contradictions.

Why? Because there are many recorded public tapes of the Dalai Lama available on the mainstream press and the Internet at large where he is very clearly encouraging the Abbots of these three Monasteries to expel and remove all monks who refuse to sign the declaration that they will no longer associate spiritually or materially with Dorje Shugden practitioners.

See videos here.

This indeed is why Shar Ganden and Serpom Norling Monasteries are arising -- communities of monks expelled under the Dalai Lama's orders who are continuing with their practice of Dorje Shugden.

At least we can be thankful that the Abbots are now being scolded instead of praised for their enactment of the oppressive and unlawful signature campaign mandated by the Dalai Lama, ironic (and hypocritical) as this reprimand may be.

See also another article on the subject.

Al Jazeera Top Story -- Revisits Court Case against the Dalai Lama

Al Jazeera’s People and Power has named ‘The Dalai Lama: The Devil Within’ one of their top two stories of 2008. As a result, Al Jazeera is now featuring it again.



The reporter has added at the end of the updated report:

"The case against the Dalai Lama is still with the courts. We hope to bring you an update later in the year."

As the lawyer for the persecuted Shugden practitioners, Shree Sanjay Jain, explains:

"It is certainly a case of religious discrimination in the sense that if within your sect of religion you say that this particular Deity ought not to be worshipped, and those persons who are willing to worship him you are trying to excommunicate them from the main stream of Buddhism, then it is a discrimination of worst kind."

Al Jazeera adds:

"No matter what the outcome of the court case, in a country where millions of idols are worshipped, attempting to ban the Deity is an uphill battle. One in which many Buddhist monks have lost their faith in the spirit of the Dalai Lama."

For a full transcript, see Al Jazeera News Documentary, October 2008.

Al Jazeera News Documentary Video on Dalai Lama's ban ~ Transcript

View source material.

Here is a full transcript of the recent footage on Al Jazeera, called The Dalai Lama: the devil within.

Hello and welcome back.

The Dalai Lama is revered as a hero by his people and respected worldwide for his peaceful philosophy. But a number of exiled Tibetan Buddhists living in India no longer believe in his leadership. They are accusing him of religious discrimination.

At the heart of this dispute lies a Buddhist Deity Shugden. Considered a god by some and a demon by others.

The Dalai Lama has banned worship of Shugden. In May, 400 monks were thrown out of monasteries because of their religious beliefs and Shugden worshippers have been shunned by other Tibetan Buddhists.

On the streets of the Tibetan refugee camp of Bylakuppe in southern India, Delek

Tong, a Shugden worshipping Buddhist monk, is no longer welcome. 

(Delek Tong) "Look at this, it says: 'No Shugden worshippers allowed.'"

"Hi, I worship Shugden, can I come in?"

"No, I am sorry, I don't want you or any Shugdens in my shop."

The Dalai Lama has asked the Tibetan community to stop the worship of the 400 year old Deity Shugden.

"When you followed the Dalai Lama's advice, did you not forget that us Shugden are also Tibetans like you?"

What this means in practice is that Delek Tong cannot walk into this shop because of his religious beliefs.

(Shopkeeper)

"I have taken an oath and I won't have anything to do with the Shugden poeple who are doing bad things for the Tibetan cause. I won't do anything he says. But he is telling the truth. I'm not a person who just blindly believes someone. I believe someone who is telling the truth. Here Dalai Lama always tells the truth."

(Another monk) "What do you think you are doing? Aren't you ashamed of yourself? We are both Tibetan monks. The Dalai Lama is our only protector."

(Delek Tong) "I am not violating the teaching of Lord Buddha."

(Another monk) "You have nothing to do here. There are certain rules in worshipping idols. If you don't do it right your idol becomes the devil."

For some, Shugden is an idol that protects you from harm. For the ones that follow the teachings of the Dalai Lama, Shugden is simply a spirit that brings evil.

"This is a sensitive issue. Filming is not forbidden. But filming these Shugden people can create a lot of problems. Be careful what you say in front of the camera. We are going through a critical time."

"Can you please stop. Otherwise I'm going to break that camera. I said I'm refusing all this and you are taking again and again."

Now this Deity is at the center of the controversy. On the one hand, the Dalai Lama wants to ban it; on the other, there are more than 4 million people across the world that worship Dorje Shugden.

According to the Buddhist tradition, the deceased monk came back as a spirit and was deified by the 5th Lama. Ever since, Shugden has been revered as a Protector Deity.

The worship of Shugden is a sensitive issue that is creating tension in the exiled Tibetan community. Last January the Dalai Lama asked his community to stop the worship of the 400 year old Deity so as to end the divisions.

Dalai Lama:

"I used to worship Shugden. The spirit was very fond of me. However, I realized it was a mistake. So I stopped. Recently monasteries have fearlessly expelled Shugden monks where needed. I fully support their actions. I praise them. If monasteries find taking action hard, tell them Dalai Lama is responsible for this. Shugden followers have resorted to killing and beating people. They start fires. And tell endless lies. This is how the Shugden believe. It is not good."

For Mai and her family, Shugden remains a protector. Her family have been worshipping the Deity for generations. Because they have defied the rule of the Dalai Lama, they have been ostracized from the community.

"They have made separate rules for us. They said that no one is supposed to talk to us. And no one is supposed to have any contact with us."

"If he is really Buddha, if he's really God, he would not create so much problem. He won't give us so much trouble. If he is the Buddha, he would not give any problem to any human being."

"Dalai Lama is being unfair and selfish. He is doing his own wish."

The decision to ban the worship of Shugden was taken here in Dharamsala. Since 1960 there are 46 MPs working here to decide the affairs of Tibet and the refugees living here. This is the heart of Tibetan democracy.

“Did you debate about Shugden in parliament?”

(Tsultrim Tenzin):

"There was no argument. There was no argument. If there is some opposition then there will be argument. But there is no opposition. We do not have any doubt about Dalai Lama's decisions. We do not think he is a human being. He's a supreme human being and he is god. He's Avalokiteshvara. He has no interest of himself. He always thinks of others. Everybody is happy. In our system everybody is happy because there is full democracy. Everybody can express whatever he likes."

So why are Shugden people discriminated from the community? We asked the Prime Minister what he thought about the signs posted outside the shops.

(Samdhong Rinpoche):

"That is true. ‘Who have not disassociated the perpetrating the spirit, kindly not come in this shop.’ This is very clear. Then why should they go into that shop? That is unfair on their part. A lot of Shugden perpetrators are becoming terrorists and that they are willing to kill anybody. They are willing to beat up anybody. It is very clear that now people who are perpetrating Shugden are very close to the PRC leadership. That is clear."

Being linked to the PRC, the People's Republic of China, is the highest act of treason in the eyes of the Tibetan government in exile. 

No Shugden worshipper has ever been charged or investigated for terrorism and yet the monks that continue to worship Shugden remain victims of name and shame.

"What the posters say is that we are related to the Chinese government. We don't have anything to do with China. There is no proof, yet many people are harassing us and threatening us."

Fearing for their lives, these Shugden monks are now living in hiding in a monastery in southern India where they sought refuge after being told they must leave their monastery.

Now these monks living here in India have taken matters into their own hands. They've decided to take the Dalai Lama to court on the grounds that he is breeching their freedom of religion.

Thubten is on a campaign to gather evidence of religious discrimination. 

(Thubten:)

"Why I am here - I am working very hard for religious freedom. I fight for religious freedom. So therefore, I'm here. There is no chance to have religious freedom. If you fight for religious freedom with the Tibetan exile government, then automatically they will put your picture on the poster and everybody says, “Don't talk to them. Don't listen to them.” So therefore, we haven't any chance to tell our truth all over the world."

With the help of rebel monk Kundeling Rinpoche, they are taking the most famous ex-Shugden practitioner, the Dalai Lama himself, to court.

"So there is no democracy. The man, Dalai Lama, talks about democracy, talks about compassion, talks about dialog, talks about understanding, talks about a solution, but for us there is no solution. There is no dialog. There is no understanding. There is no compassion. Because in his perception we are not human beings. We are just evil. We are evil and we are agents of the Chinese. That is what it is. It is as simple as that."

With just a few days to go before the Dalai high court hearing, Kundeling and Thubten meet with their lawyer.

(Shree Sanjay Jain:)

"It is certainly a case of religious discrimination in the sense that if within your sect of religion you say that this particular Deity ought not to be worshipped, and those persons who are willing to worship him you are trying to excommunicate them from the main stream of Buddhism, then it is a discrimination of worst kind."

No matter what the outcome of the court case, in a country where millions of idols are worshipped, attempting to ban the Deity is an uphill battle. One in which many Buddhist monks have lost their faith in the spirit of the Dalai Lama.

Earlier this month the Dalai Lama's lawyers requested a 3-month extension on the   grounds that he was ill. The case will be heard on the 9th of December and we will definitely keep you updated.

Al Jazeera News Video and Article: The Dalai Lama: The devil within

From Al Jazeera People & Power (which claims at least 40 million viewers)

The Dalai Lama has imposed a ban on the worship of a 500-year-old deity called Dorje Shugden

The Dalai Lama has imposed a ban on the worship of a 500-year-old deity called Dorje Shugden.

Across the world 4 million Buddhist Tibetans worship this particular deity. The ban has created tension and dissent amongst the one million Tibetans living in India and in May 400 monks were thrown out of monasteries because of their religious beliefs.

In the Tibetan refugee camps, Shugden worshippers have been turned away from jobs, shops and schools. Posters with the message "no Shugden followers allowed" cover hospital and shop fronts.

The tension has been fueled by the Tibetan exile government who brandish Shugden worshippers as terrorists closely linked to China.

Shugden followers in India have decided to take matters into their own hands, taking the Dalai Lama to court for religious discrimination.

Pressure mounts on the Dalai Lama to solve the problem of religious freedom amongst Tibetan exiles

News Update from Dorje Shugden Devotees Charitable Society, Delhi, India, September 16 2008

Delegation from the European Tibet Support group urge a resolution to the conflict

Recently, five delegates from the European Tibet Support group came to Dharamasala. They said:

“For the last few months, Shugden devotees have protested widely. They are alleging that there is no religious freedom in the Tibetan exile community. A lot of world have picked up on this news and people are starting to pay attention to the issue.

On the other hand, we are fighting for religious freedom in Tibet. When there is a claim of a violation of religious freedom amongst Tibetan exiles, it is difficult for us to do our work.

Therefore, it would be good if you could solve this problem among yourselves.”

The speaker of the Tibetan parliament and some others said that they would discuss the issue during the session and invite the European delegates. However, Kalon Tripa Samdhong said there was no need to invite them since it is a Tibetan issue, and that they are not yet ready to reply to the European delegates.

Court proceedings against the Dalai Lama and Kalon Tripa Samdhong

The first hearing was held at the Delhi High Court on September 12. The lawyer for the Dalai Lama and Samdhong Rinpoche sought more time, surprisingly saying that they could not reply yet. They have sought an extension until November 19 2008.

Posted courtesy of the Dorje Shugden Devotees Charitable Society