Judgment on Indian Army

 

CASE 52-2019: Indian Army & Security Forces

 

Dear Prosecutor, Ambassador of Peace and Jury Members of the International Buddhist Ethics Committee (IBEC) and Buddhist Tribunal on Human Rights (BTHR), regarding the Case 52-2019 against the “Indian Army”, on November 25, 2019, it is hereby recorded that the trial has concluded to analyze the violations of Human Rights and Buddhist Ethics carried out by the accused. This case has been carried out as a karmatic consequence of the “Major Deepak Rao Case”.

After the analysis of the presentation of the Case and the validation of evidence, it has proceeded with the voting of 5 members of the Jury, confirming that there were 5 votes of Responsible for the “Indian Army” for the serious crimes of Crimes against Humanity, Genocide, Crimes against Peace, Ethnic Cleansing, Violations of Women’s Rights, Violation of Constitutional Law, Violation of International Human Rights Law, Violation of International Humanitarian Law, State Terrorism, Crimes against Democracy, Violation of Buddhist Law and Crimes against the Buddhist Nation.

In addition to the fact that the “Indian Army” has not removed the honorary rank of Major from paramilitary leader Deepak Rao and has ignored his immoral and criminal behavior against the Buddhist Law, the Buddhist Tribunal on Human Rights has been able to compile evidence that proves that the “Indian Army” has committed crimes in a systematic and widespread way against unarmed civilians, forming —together with the police and paramilitary security forces— a true violent and genocidal illicit association that is totally unconstitutional and contrary to international human rights conventions signed by India, occurring without any police investigation, or judicial sanction or government prohibition since immunity is provided to criminals and  it is simultaneously carried out an explicit institutional Denialism and implicit tolerance or consent to these terrifying genocidal crimes and massacres.

First, the “Indian Army” has carried out a Forced Displacement of Rohingya refugees, considering them as illegal immigrants instead of recognizing them as refugees fleeing the genocide carried out by Myanmar, which violates international conventions that prohibit inhuman treatment and expulsion of refugees and asylum seekers fleeing from countries where they are persecuted, tortured or annihilated. The Buddhist Law confirms that this forced deportation constitutes acts of Crimes against Humanity, Violation of International Human Rights Law and Violation of Buddhist Law.

Second, the “Indian Army”, together with police forces and paramilitary forces, has carried out thousands of Mass Murders and Extrajudicial Executions as a form of intimidation and social control against the People of Kashmir that are seeking independence and self-determination, by constantly resorting to murder and massacres of civilians —including children and women— who are later wrongly accused as Pakistani terrorists in a framework of covering up and impunity for mass killings. The Buddhist Law confirms that these Mass Murders and Extrajudicial Executions constitute acts of Genocide, Crimes against Humanity and State Terrorism.

Third, the “Indian Army” constantly performs thousands of Kidnappings and Enforced Disappearances against the defenseless civilian population, implementing the same genocidal techniques that have been carried out by Armies such as that of Argentina, which is evident not only in the face of the thousands of disappearances that have occurred for decades, but also in the face of the macabre discovery of thousands of massive graves, incinerating or disfiguring the bodies and then burying them in a framework of systematic and widespread impunity for those who commit human rights violations, violating both the right to life as well as the rights to the Truth, to justice and reparation of the families of the victims, who are threatened with death so that they do not make any kind of judicial claim. The Buddhist Law confirms that these Kidnappings and Enforced Disappearances constitute acts of Crimes against Humanity, Crimes against Peace and Violation of International Humanitarian Law.

Fourth, the “Indian Army” has carried out Torture and Cruel and Inhuman Treatment to thousands of detainees in custody, including torture of children and sexual torture of women and men, often resulting in the illegal death of detainees, something which then it accuses people of having died by suicide or natural causes, all of which is covered up by the judicial and governmental system within the framework of a culture of unconstitutional impunity through the Armed Forces Special Powers Act (AFSPA) that guarantees total immunity to the Indian Army and security forces to be able to detain, torture, shoot and kill without being tried by local and international courts. The Buddhist Law confirms that these Tortures and Cruel and Inhuman Treatment constitute acts of Crimes against Humanity and Violation of International Human Rights Law.

Fifth, the “Indian Army” has violated the rights of children, not only recruiting minors as soldiers, but also carrying out criminal actions such as kidnappings, indefinite illegal detentions under false charges, obstruction of the right to education, and even many times resorting to the perverse and cowardly use of torture, sexual abuse and murder of children, all of which occurs under a framework of police cover-up and impunity. The Buddhist Law confirms that these Violations of Children’s Rights constitute acts of Crimes against Humanity and Violation of Constitutional Law.

Sixth, the “Indian Army” has committed Massive Sexual Abuse of women, girls and elderly women, entering the homes of defenseless civilians, carrying out sexual assaults and rapes that produce irreparable psychological traumas, and even subsequently threatening of death to the victims so that they do not report to justice the sexual atrocities committed by the Criminal Indian Army, all of which is used as a powerful genocidal weapon that punishes, humiliates and destroys the conscience, honor and integrity of people and communities under a framework of total impunity for these genocidal criminals. The Buddhist Law confirms that these Massive Sexual Abuses of women, girls and elderly women constitute acts of Genocide, Crimes against Humanity and Violations of Women’s Rights.

Seventh, the “Indian Army” has violated the rights of tribal peoples and minorities, including endorsing the social system of Segregation and Apartheid against the Dalit People, carrying out torture, forced displacement by burning homes, temples and schools, illegal detentions of minors, sexual abuse of women and extrajudicial executions in the framework of discriminatory, oppressive and warlike relations of the State of India against indigenous peoples and the Dalit people who are constantly denied their identity and existence in a systematic and widespread way, by forcing them to live in the worst living conditions. The Buddhist Law confirms that the Apartheid and Violations of the Rights of tribal peoples constitute acts of Crimes against Humanity and Ethnic Cleansing.

Eighth, the “Indian Army” has carried out State Repression and Violations of Human Rights, occupying and militarizing Kashmir and denying its right to democratic self-determination, violating civil and political rights and creating an institutional system contrary to the empire of Law and Justice in which international crimes against the Kashmir population are carried out with total impunity, allowing the Indian Army full immunity to carry out kidnapping, torture, sexual abuse, disappearance and murder of hundreds of thousands of people within the framework of a tyrannical state contrary to Freedom, Equality and Fraternity. The Buddhist Law confirms that this State of Repression and Violations of Human Rights are Crimes against Democracy.

Thus, paying tribute and honor to the hundreds of thousands of innocent victims of Kashmir (the Holy Land of Yuzu-Asaph), who were cowardly massacred by the “Indian Army”, the Buddhist Tribunal on Human Rights confirms that the “Indian Army” of the present is repeating the same catastrophes committed by the Indian Armies of the past, because hundreds of years ago under the domination of Hindu Nationalism they perpetrated Genocides and Crimes against the Buddhist Nation.

The “Indian Army Case” is not only a consequence of the current actions of Major Deepak Rao, but it is also a result of the karma of the past originated from the terrible history suffered by the Buddhist Nation of India, which was literally extinguished due to multiple persecutions and genocides carried out by Indian Armies. Thus, while the Buddhist Civilization was spread to more than twenty countries in Asia and had embassies in Europe and Africa, instead the Buddhist Civilization in India disappeared due to a process of genocidal persecution carried out initially by Brahmanism and then finalized by Islam, and although the latter was the one who finally put out the torch of the Dharma, undoubtedly Brahmanism was responsible for centuries to weaken its integrity. Indeed, Brahmanism has maintained for centuries a fascist Apartheid regime in which it hostilely held the supremacy of its caste over other communities and social classes, greatly weakening the Buddhist Nation through crimes against humanity that were the greatest disaster in the history of India, destroying thousands of temples, altars, statues, schools and sacred scriptures, killing thousands of Buddhist masters and practitioners, and appropriating thousands of territories and monuments of the Buddhist Sangha as is the case of Mahabodhi Vihara Bodh Gaya, as described by historians Jayaprakash and Bahauddin. The Buddhist History reveals that among the Armies of India who committed acts of Genocide, Ethnic Cleansing and Crimes against humanity against the Buddhist Nation, there are troops led by several kings such as Pushyamitra Sunga, Suddhanvan, Sasanka, Mihirakula, Jalaluka, Kinnara, Nara, Simhavarma, Trilochana, Toramana, Harsha and Kshemagupta, promoting the Extermination of the Buddhist Nation, especially massacring helpless and peaceful masters and mendicants (bhikkhus). The Buddhist survivors of this massive destruction were expelled to other countries, or were forcedly absorbed and assimilated by Brahmanism, being marginalized from the communities of India and confined in ghettos where they were converted into the lower caste of the Untouchables as Ambedkar confirmed it in his analysis of the history of the noble Dalit People.[1] Obviously, in these multiple Genocides against the Buddhist Nation not only several kings who led the Armies of India participated in their crimes against peace, but in these massacres and eradications of the Buddhist Culture several Hindu thinkers and philosophers actively participated too, as is the case of Sankaracharya, Kumarila Bhatta and Sambanthar, who intellectually supported Genocide, Ethnic Cleansing and Apartheid against the Buddhist People through discriminatory, racist, violent and malicious rhetoric against the most peaceful and righteous Nation on Earth, fanatically instigating the Indian Army to exterminate the Buddhist Nation, even torturing and burning to death many spiritual mendicants (bhikkhus), as Swami Vivekananda has recognized. While the kingdoms of the Buddhist Civilization maintained relations of world peace, social justice, advanced education and environmental health, never persecuting the different religious traditions and nations of the world, on the other hand, the Armies of the Hindu and Islamic Civilizations completely destroyed the Buddhist nation of India, erasing and exterminating thousands of years of spiritual and social tradition of the most advanced community in the history of humankind. Indeed, the cultural heritage of the Buddhist Civilization has historically been violated, destroyed and usurped by the atrocities of Brahmanism in its Crusade and anti-Buddhist holy war, showing pride in making a Holocaust by demolishing and eradicating the leaders, traditions and cultural heritage of the Great Buddhist Nation in a systematic and widespread way. However, Hindu historians have deliberately concealed traces of the atrocities and cruelties that actually happened, creating the impression that the Hindu Civilization has been righteous and tolerant when it has rather behaved like a Criminal and Genocidal Civilization that has desacralized, oppressed and exterminated the Great Buddhist Nation and other spiritual communities as is the case with Jainism. Since the Buddhist Nation is an intrinsically peaceful people, this history of Genocide was unfortunately repeated in other countries, such as Sri Lanka, China and Japan, among others.

In addition to having suffered centuries of persecution and destruction, the cultural heritage of the Buddhist Nation was also appropriated and assimilated by the Brahmanic Civilization, taking thousands of temples and monuments, as well as assimilating and converting the sacred figure of Gautama Buddha as one of the avatars of the Vishnu deity, which deeply betrays the Buddhist Spirituality, since Gautama showed himself as agnostic regarding the existence of deities. But this kind of assimilation of the Buddhist sacred images has not only occurred in ancient times, but has also occurred with the flag of Contemporary India, where the wheel of Buddhist Law that symbolizes the Buddhist Civilization of Ashoka has been incorporated, which constitutes a fundamental hypocrisy since the Indian Army is committing crimes against the Buddhist community and also violations of the human rights of the Kashmir People. In the event that the State of India wishes to carry the Dharma Wheel with honor then it must possess compassionate wisdom and humanitarian ethics anytime and anywhere, respecting the independence and sovereignty of the cultural heritage of the Buddhist Civilization. Indeed, the Great Master Gautama Samyaksambuddha did not believe in the fascist system of the caste division of Hinduism, as he taught a social regime of freedom, equality and fraternity. Thus, the Path of Peace followed by the Buddhist Nation implies the possibility that every human being – without discrimination based on caste, color, gender and religion – can achieve Liberation and Awakening (Bodhi). Therefore, the Great Master Gautama Samyaksambuddha was critical of the caste system and its dominant and oppressive regime, creating a tribe or commune (sangha) where discrimination and racism were abolished in a revolutionary way. Therefore, the Buddhist Nation is against the belief of racial or social supremacy of the powerful classes over the oppressed classes, and this passion for universal fraternity has been the main reason why hegemonic and warmongering Brahmanism committed systematic and widespread acts of hate, persecution, genocide and apartheid against peaceful and egalitarian spiritual communities.

The Buddhist Nation of India is denied its most fundamental sociocultural rights, which is evident in the Case of the Mahabodhi Temple in Bodh Gaya created by Ashoka, which is probably the most sacred place in the history of Buddhism for being the place where Master Gautama became an Awakened Being (Buddha). After having annihilated the Buddhist commune (sangha) that ran the Temple, the Brahmanic forces took over this sacred Buddhist territory, controlling it for centuries through an unacceptable cultural domination that violates the very Constitution of India. In this way, the Buddhist Law confirms that the Bodh Gaya Temple Act of 1949 violates both the rights of spiritual communities as well as violates the principle of secularism that appears in the Constitution, promoting the cultural hegemony of Brahmanism. It also breaks and breaches the promise made by the Indian independence movement when in 1922 it would have promised the Buddhist People the return of the Mahabodhi Vihara in Bodh Gaya. The Bodh Gaya Temple Act of 1949 not only does not recognize the fundamental rights of the Buddhist Nation to manage its cultural heritage, but also legalizes the illegal occupation and usurpation of Brahmanism over the cultural and economic affairs of the Mahabodhi Temple in Bodh Gaya, being pro-Hindu by providing a majority of five Hindu members within the Committee governing that Buddhist institution, which means that the remaining four Buddhist members lack any real power. These kind of infiltrations of Hinduism in an attempt to control Buddhism from within have previously been analyzed by the Buddhist Tribunal on Human Rights, not only in the “Major Deepak Rao Case“, but also in the “International Buddhist Confederation Case“, since there is evidence demonstrating that this Buddhist institution sentenced for human rights violations has allowed the Hindu governmental apparatus to infiltrate its organization. On the other hand, although the Constitution of India was meant as secular in an attempt to bring harmony to religious, cultural and ethnic diversity, however, the 1949 Bodh Gaya Temple Act violates the secular principle by legalizing Hindu dominance, then making a deep discrimination against the Buddhist Nation for reasons of belief or faith. The Buddhist Law confirms that the government of India, after the genocides carried out by its Armies, is legitimizing violations of the rights to equality, non-discrimination and freedom of religion and thought, all of which are fundamental rights in the India’s own Constitution. As observed by J.S. Verma on the Case of M. Ismail Faruqui v. Union of India, the constitutional framework clearly guarantees the right to religious equality for all individuals and groups, while emphasizing the secular view that there is no state religion. In fact, the Constitution of India declares as void any law that is inconsistent with fundamental rights, among which is found under article 14 the right to equality that prohibits any arbitrary classification by the State, which is why the Buddhist Law confirms that the Bodh Gaya Temple Act of 1949 is both a violation of the human rights of the Buddhist Nation as well as is also an unconstitutional law that violates the spirit of article 14. Indeed, the majority dominance of the Hindu members of the Bodh Gaya Temple Management Committee violates the principles of secularism and the equal provisions of the Constitution of India, which is part of a pattern of unconstitutionality on the part of Hinduism as many of its temples also mention the requirement that their executive members be part of a particular caste, thus violating article 15 of the Constitution of India that prohibits discrimination against any citizen on grounds of religion, race, caste, gender or birth place. The Buddhist Tribunal on Human Rights confirms that clearly the Buddhist Nation is being discriminated by the genocidal State of India, violating articles 25 and 26 of the Constitution of the country where the fundamental rights to freedom of religion and conscience are recognized, rights that allow to practice, manage and spread Spirituality with total freedom. In accordance with Buddhist Law, the Supreme Court of India confirmed that the right to administer a governing council in religious institutions is a fundamental right guaranteed by article 26 of the Constitution and that no legislation of India could nullify or transmit it to another religious or secular authority. Ergo, the Bodh Gaya Temple Act of 1949 is one of many examples in which the dominant Hindu Power violates the structural principles of the Constitution of India in order to oppress the Buddhist Nation, taking away its right to handle spiritual affairs of the Sangha to hand over its control to Hindu authorities. This Hinduization of Buddhism by the Indian State implies a violation of the collective cultural heritage of the Buddhist Nation, and also means a violation of the right to religious tolerance and equal treatment of all spiritual groups, all of which deserve that their lives, properties and temples are protected, as Judge Sawant states in his analysis on the secularism of the Constitution of India.

In addition, while there are internal laws that correctly define Buddhist people as non-Hindus, as is the case of Karnataka Hindu Religious Institutions and Charitable Endowment Act of 1997, paradoxically there are other internal laws of India where the attempt to forcibly dominate and assimilate the Buddhist people by denying them their cultural identity is evident, as is the case of the Bihar Hindu Trust Act of 1950, where the Buddhist person is defined as Hindu and it is shown that Bihar’s political and legal institutions deliberately deny Buddhist people their right to administer their temples and freely practice their Spirituality. In fact, this kind of thirst for dominance by Hinduism against the Buddhist Nation not only contradicts the Constitution of India, but also one of its laws, such as Places of Worship (Special Provisions) Act of 1991 where it is prohibited that a religious place belonging to a religious group is converted by someone into a religious place of a different religion. The Buddhist Law confirms that the Indian State is violating its own laws with total impudence, which is evident since the Hindu forces would have illegally built a Shiva temple inside the Mahabodhi Temple of Bodh Gaya, hegemonically invading and usurping the Buddhist cultural heritage in order to destroy the spiritual identity that Master Gautama Samyaksambuddha has provided as a legacy to the entire Buddhist Nation, being an opportunity to steal thousands of ancient artifacts that are property of the Buddhist Temple.

The Buddhist Tribunal on Human Rights confirms that it is a misconception the fact that Master Gautama Buddha has been an incarnation of a Hindu deity, which would legitimize a fascist ideology of caste division, since actually Master Gautama was a Liberator, deeply opposing the oppressive Hindu regime since he sought Liberty, Equality and Fraternity for all sentient beings. In short, like the Buddhist Law, the National Commission for Minorities has also confirmed that the Bodh Gaya Temple Act of 1949 does not comply with the fundamental right framed in article 26 of the Constitution of India that guarantees the right of all spiritual community to freely manage their religious affairs, so the public requirement that all members of the Bodh Gaya Temple Management Committee must be Buddhist was made.

The Buddhist Law demonstrates that while the Constitution of India theoretically protects the rights of all citizens, on the other hand, the daily practice of the State clearly shows discrimination in favor of Hinduism and against Buddhism (and Islam as well), which violates International Human Rights Law in the same way that the Indian Army also violates it through its genocidal acts in the Holy Land of Kashmir. Therefore, the Buddhist Tribunal on Human Rights not only repudiates the criminal actions of the Indian Army, but also shows full support and solidarity toward the Buddhist Nation of India and its struggle for Independence in the face of the domination and oppression of Brahmanism, which not only destroyed and illegally appropriated thousands of Buddhist temples but also continues to destroy cultural heritage through illogical measures such as stop teaching Pali Buddhist language as a classical language of India, which would surely be a discriminatory measure against the Dalits and against the spread of the Buddhist message in the world, as confirmed by Venerable Athuraliye Rathana Thera.

Master Gautama Samyaksambuddha assumed the historic duty and universal responsibility to eliminate the caste system and to create a better world where all beings can reach Liberation, which is why the Buddhist Law must spread its internationalist voice to denounce and condemn these acts of Discrimination, Apartheid and Genocide that happened in the past and continue to happen in contemporary India. The Indian Army, along with the rest of the Hindu rulers, should learn from the democratic and libertarian spirit of the teachings of Master Gautama Samyaksambuddha, who showed the way to world peace, social justice, advanced education and environmental health. Instead, if the civic-military forces of the Hindu Hegemonic Power continue to oppress and marginalize the minorities of India, as is the case of tribal peoples, the Dalit People, the Kashmir People and the Islamic People, then a repetition (karma) of the most terrible crimes and exterminations in history will continue to occur. In order for India to regain its adequate leadership in the world, it must then follow the paths of its great spiritual leaders, such as the struggle of Mahatma Gandhi for peace and freedom, the struggle of Ambedkar for justice and equality, and the struggle of Master Gautama for fraternity and reconciliation. Accordingly, just as the Buddhist Nation knew how to forgive Ashoka and Angulimala, who redeemed themselves from their crimes and assumed the Buddhist Path to live righteously, the Buddhist Tribunal on Human Rights uses compassionate wisdom (karuna-prajña) and grants forgiveness to Gandhi’s figure, since although he showed little determination for the elimination of the caste system of Hinduism, he certainly gave his life to the path of World Peace, which obviously deserves to be appreciated. However, the Buddhist Law cannot forgive the Indian Army because it has not shown any regrets for its international crimes, not only for refusing to apologize for the genocides committed against the Buddhist Nation or for the criminal actions of Major Deepak Rao, but also because the Indian Army is currently violating the human rights of minorities such as the Dalit People and the Kashmir People, betraying not only the Buddhist Law but also the very Constitution of India, and converting the Holy Land of Gautama into a genocidal kingdom of terror and blood. Finally, the Buddhist Tribunal on Human Rights requires that the Indian Army and the rest of the government comply with the preamble of the 1949 Constitution, which demonstrates the country’s socialist orientation toward Social Justice, Liberty, Dignity, Unity and Fraternity, which are the fundamental values of Maitriyana.

In conclusion, the Buddhist Tribunal on Human Rights has the Purpose (Dharma) to protect the spiritual and cultural legacy of the Buddhist Civilization, developing ethics that always complies with the Human Right to Peace. The Buddhist Law protects the fundamental values of peace and justice, judging and ethically sentencing those who commit international crimes against the sacredness of life. Following Master Gautama, who in India developed the most peaceful Civilization in the history of the world, the Buddhist Tribunal on Human Rights oversees that countries do not violate ethics, human rights and Buddhist teachings, and that is the reason why the “Indian Army” has been sentenced as Responsible for Genocide, Crimes against Humanity, Crimes against Peace, Ethnic Cleansing, Violations of Women’s Rights, Violation of Constitutional Law, Violation of International Human Rights Law, Violation of International Humanitarian Law, State Terrorism, Crimes against Democracy, Violation of Buddhist Law and Crimes against the Buddhist Nation.

Within the spirit of Maitriyana the Spirituality of the Bhagavad Gita of India is preserved, so it is stated that the Maitriyana will be manifested whenever there is a weakening of the Law and whenever there is a growth of injustice in the world, working for the Salvation of justice and the evanescence of evil, resurging again and again to achieve the firm establishment of the Dharma.

With Spirit of reconciliation (maitri),

H.E. Master Maitreya Samyaksambuddha

President and Spiritual Judge of the Buddhist Tribunal on Human Rights

 

[1] B. R. Ambedkar, The Untouchables.

 

 

 

 

 

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