Zawa Tulku feels the same, and provides very interesting details pertaining to the legal aspect of this whole shuffle which, according to Indian law, is clearly illegal.
i found this on Sumati Arya's website -
IT IS IMPOSSIBLE FOR POLITICS AND DHARMA TO WORK TOGETHER
We would like to thank everyone who has shown support for the Dorje Shugden practice to become free from politics. In this way we may carry Lama Tsongkhapa's teachings so that many people may continue to deepen their understanding. And as a result, all living beings would benefit. But for us to continue the pure work of this lineage, we need to continue to pursue the goal of separating Dharma practice from politics.
We also wish for the Dorje Shugden Society and its supporters to continue to work without obstacles, as they formulate many good ideas to deal with this issue. May the meetings of Dorje Shugden supporters throughout the world be successful.
Now we can build a new monastery. If we are waiting for the Dalai Lama and the Government of Tibet in Exile to change their mind, we are wasting time. Since 1996, they keep saying that maybe something will change, and we keep hoping they well ease up. For more than 10 years now, we are hoping for different news, for the ban to be lifted, to give us the freedom to practice. So we lost 10 years waiting for them to change.
If we let more years go by, we are losing time as our practice continues to be in danger. We have lost some great Masters and individual teachers. Also, we have had many problems with reincarnate Lamas.. Not to mention the problems created within the monasteries, causing a schism both among the various monasteries, and within each monastery. Now is the time to recognize this situation clearly. This is our fault, we do not need to wait for them to change their mind; we do not need permission to practice Dharma freely. As long as we wait for them to change their mind, we will not achieve our goal to practice Je Tsongkhapa's lineage purely, and to rely on Dorje Shugden the way our Masters taught us.
It is impossible for politics and Dharma to work together. In Dharma we would carry a pure lineage, but politics is a very different path, mixed with worldly goals. Therefore, we must develop a new system, build a new monastery. Our lineage Lamas and root Gurus support us on this decision. Thus we could build a monastery that would work in the exact same manner as our current monasteries, with halls for study, debate, meditation practice, and with retreat facilities; but most importantly it would be a place to receive Dharma teachings.
We would manage all the affairs of the monastery. For instance, all the process with reincarnate Lamas would be free from politics. The new relationships between Guru and students would not be tainted with politcal goals. Also, if new members came from Tibet, they would arrive into an environment that dedicates itself solely to Dharma, without dealing with political issues. This monastery would remain from generation to generation so that teachers may continue to pass on this wisdom lineage to new students, both ordained and lay. If we set this up, it would be good for the new monks and other practitioners to study and continue to train purely.
In the past, when great masters such as Pabongka Rinpoche and Trijang Dorjechang would give a teaching, the students would engage their mind only in Dharma practice. Now, for young practitioners, with this situation caused by the Dalai Lama, more and more people are confused by his political remarks. Dharma teachings become dirty as they are getting mixed with politics. Therefore, it would be good for everyone if we separated. It would also be beneficial for those who follow the Dalai Lama, since they would not be hindered by this confusing situation of having Dharma mixed with politics. This separation would be good for them and for us, for everyone.
We do not need to discuss this issue again and again, generation after generation. Now is the time to change this situation. We can create a new monastery, which would be registered with the Government of India. In this way, our practice may continue to grow without obstacles. However, if the Tibetan government in exile brings up this issue again, trying to suppress our religious freedom, we could use legal means to stand on our ground.. We would have a stronger presence as a legal entity. This would give us stronger proof and power to pacify the situation. In short, we could use legal means without being mixed with politics. If we had trouble like this again, we could appeal to the Indian Government and the United Nations. Thus, others can say whatever they want about Dorje Shugden practice, but if they try to oppress our practice, then we would be prepared to deal with this in a legal manner.
Since, we are touching up on the importance of legal protection. Take note that what the Dalai Lama is doing is unconstitutional, he is violating our rights to practice religion freely.. According to the Tibetan law, the Indian law, and the International law, we have a right to religious freedom. Below, we quote these constitutions.
GOVERNMENT OF TIBET IN EXILE - Constitution
Adopted by the Assembly of Tibetan People's Deputies: 14 June 1991 }
{ Official Title: Charter of the Tibetans In-Exile }
http://www.tibet.com/Govt/charter.html Originally we found the constitution in the website of the ICL (International Constitutional Law - (
http://servat.unibe.ch/icl/t100000_.html) --which could also be useful to explore, as a reference for understanding the mechanism of international law. But to drive our point here, below are the paragraphs relating to our issue at hand.
Chapter II - Article 10 - Religious Freedom .
All religious denominations are equal before the law. Every Tibetan shall have the right to freedom of thought, conscience and religion. These religious rights include the freedom to manifest one's belief, to receive initiation into religious traditions, practice with matters relating to religious commitment, such as preaching and worship of any religion, either alone or in community with others.
The following article is particularly important as it relates to the law of India ("local law of the host country") and the international law established by the United Nations.
Chapter I - Article 6 - Recognition of International and Local Law -
All laws, ordinances, regulations, administrative and executive orders of the Tibetan Administration in-exile shall endeavor to conform to the generally accepted principles of international law as specified by the United Nations, and in particular comply with the local laws of the host countries.
GOVERNMENT OF INDIA - Constitution
Adopted on: 26 Jan 1950
http://www.unesco..org/most/rr2nat.htm
Also, we looked up what the government of India states about freedom of religion. The UNESCO has some helpful links, this was found under "Countries with Constitutional Provisions Related to Religious Rights". The paragraphs pertaining to religious freedom are articles 15, 25 and 26, as stated below. In addition, we quote the preamble as it talks about liberty--freedom of faith.
Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to -
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained whole or partly out of State funds or dedicated to the use of general public.
Article 25 Freedom of conscience and free profession, practice and propagation of religion
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law -
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation I: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II: In sub-Clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
Article 26 Freedom to manage religious affairs
Subject to public order, morality and health, every religious denomination or any section thereof shall have the right -
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
UNITED NATIONS - International Law
{ Official Title: Universal Declaration of Human Rights }
Adopted and proclaimed by General Assembly [of the United Nations] resolution 217 A (III) of 10 December 1948
http://www.un.org/Overview/rights.html Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
In short, as can be seen by these relevant constitutions, the Dalai Lama is indeed breaking the law. If we create a new monastery, as a legal entity, we would be legally protected. In particular, we could call upon the Government of India and the United Nations to enforce the law, so that no one may impinge upon our right to engage in any religious practice freely.
As a separate note, we did some research on what it means to pass a referendum, since the Dalai Lama spoke of it recently, and we mentioned it in previous correspondence. According to the constitution of the Government of India in Exile, Article 56 is quoted below. The Assembly presents it, and the people vote, as follows:
Article 56 Referendum
His Holiness the Dalai Lama may, in pursuant to clause (a) of Article 55 of this Charter, on any legislation, bill or proposal passed and presented to H.H. the Dalai Lama by the Tibetan Assembly, call a for referendum. Such referendum shall become law if a majority vote by the Tibetan people is obtained and His Holiness the Dalai Lama assents to its enactment within 14 working days from the election result.
We quote this, so that we may be better informed. For instance, here we can see that if the majority voted to not speak of this issue again, then it would become law. However, due to previous propaganda, the Dalai Lama has done a quite a job in influencing the public opinion in a negative manner towards this issue. Thus, we might as well forget about the referendum, and move forward with the decision to separate now.
It cannot be emphasized strongly enough, if we stop wasting time, and separate once and for all, then we can also give future generations the freedom to practice Dharma without politics. The confusion created by politicians that we see at this time, would not be an issue at all. Thus future practitioners would enjoy the purity of Je Tsongkhapa's lineage, free from politics.
Another project to consider would be to document all the teachings on Dorje Shugden, so that all the texts and historical records would be gathered into a book. This can be helpful as proof of its pure lineage, as well as a way to maintain the records of the issue that has arisen in the last 20 years. For instance, the documentation of how the issue evolved from 1996 until now can show the letters and descriptions of what happened. In this manner, we may keep a historical book for the future.
It is as if the prayers of future lineage holders have ripened this obstacle for us. So that we make the effort to keep the lineage purely by creating a new monastery, with a system that protects the purity of Je Tsongkhapa's Dharma. May we carry this lineage forward, free from the worldly concerns of politics.
Finally, we all pray together for our negativity and the obstacles to practice Je Tsongkhapa's lineage to be purified, so that there may be benefit for all living beings. Also if some part of these suggestions do not bring benefit, then please forget about them. However, a note to every practitioner that would benefit from any of these ideas, please contact the Dorje Shugden Society directly to let them know of your support.
Zawa Tulku Rinpoche
16/01/2008