Human Rights Council Resolution 55/29 on the Rights of the Child
| Reference number | UAN-REPORT-UNHRC-ChildrensRights-20230000-1 |
|---|---|
| Title | Human Rights Council Resolution 55/29 on the Rights of the Child |
| Type of record | Submission |
| Collection | Reports |
| Issued or submitted to | United Nations Human Rights Council |
| Author of the record | Kailash Union |
| Date | 2023 — Derived from HRC resolution 55/29, which corresponds to the 55th session of the Human Rights Council in March 2024; document references 2024 events. |
| Language | English |
| Extent of the transcription | 5,833 words |
| Subjects | Minority rights · Indigenous education |
| Provenance | The document as filed is the record. It is reproduced on this page, and the text below it is a transcription of it, published so that the record can be searched, quoted and read by machine. The transcription was read from the document by optical character recognition and is published as the machine read it, with no editorial correction and no correction by any language model. Read it against the document before quoting it. Read the document. |
- Integration of Hindu jurisprudence and policies into United Nations frameworks for protecting children's rights.
- The Gurukul educational system as a holistic approach to children's education incorporating spiritual and academic development.
- Historical suppression of Hindu educational institutions and its impact on Hindu communities and children.
- Educational outcomes and cognitive assessments of students at Nithyananda Gurukul demonstrating advanced intellectual maturity.
- Alleged persecution of Kailash and The Supreme Pontiff of Hinduism through legal proceedings and media campaigns.
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Human Rights Council resolution 55/29 on the rights of the child by Kailash Union
Introduction
The integration of children's rights into the strategic policies and planning of the United Nations can be significantly enhanced by incorporating Hindu jurisprudence and policies. Just as the kafalah principle from Islamic law is reflected in Article 20 of the Convention on the Rights of the Child (CRC), it is essential to consider and implement Hindu policies to ensure that the diverse rights of all children are upheld, recognizing that children represent a non-homogeneous group.
Currently, Hinduism lacks formal representation within the United Nations. Despite being the third largest religion globally, with approximately
360 million Hindu children under the age of 18, no member state recognizes Hinduism as its official state religion. In contrast, Islam is designated as the official religion in 27 member states across Asia, sub-Saharan Africa, North Africa, and the Middle East. Christianity serves as the state religion in 15 member states, while Buddhism holds this status in four countries: Bhutan, Cambodia, Myanmar, and Sri Lanka. Additionally, Israel stands as the only member state with Judaism as its official state religion like KAILASA.
The holistic approach of Hinduism emphasizes the importance of education through the Gurukul system (indigenous Hindu education), where children learned under the guidance of enlightened masters (Gurus). This immersive learning experience nurtures not only academic knowledge but also spiritual wisdom, empowering children to realize their full potential. Knowledge was transmitted through the very bio-memory of the master. The children emerged as spiritually anchored geniuses who radiated Shaktis (mystical powers), and were high-achievers and compassionate world leaders living the highest values of life such as non-violence.
Studies conducted on children at KAILASA’s Nithyananda Gurukul^(SM) reveal remarkable outcomes that highlight the effectiveness of this holistic educational approach:
- Whole-Brain Activation Studies: Utilizing the Bender-Gestalt II Test, researchers assess adolescents’ visual-motor skills, neurological functioning, and overall brain activation. This test evaluates their ability to see the “big picture” and recall information, going beyond traditional IQ assessments. In a study involving 75 students, the average percentile rank for the Copy Phase was an impressive 95.07, while the Recall Phase averaged 86.91. These scores indicate that students are performing significantly above average, showcasing their cognitive abilities.
- Slosson IQ Test: This well-respected intelligence test measures a variety of capabilities, including comprehension, arithmetic, and visual-motor capacity. Notably, 50% of the students who underwent total English immersion fell into the category of Genius and Very Superior Intelligence, achieving IQ scores of 120 and above.
- Intellectual Maturity Compared to Exact Age: The findings reveal that the average “Intellectual Age” of students is 2.7 years ahead of their chronological age. An impressive 83% of students are found to be 1 to 6 years ahead of their actual age in terms of intellectual maturity, with 53% being 2 to 6 years ahead.
KAILASA^(®), an indigenous nation, is the First Sovereign State for Hindus re-established by The Supreme Pontiff of Hinduism (SPH) Bhagavan Nithyananda Paramashivam, the spiritual head of two billion Hindus worldwide. Unlike any other modern nation, KAILASA provides a base for the revival, preservation, and central administration of Hinduism, similar to the Vatican, which serves as a central administration hub for the Roman Catholic Church. The Sovereign Order of KAILASA's Nithyananda is an atypical government, simultaneously functioning as the supreme governing body of Hinduism and a sovereign entity under international law. This mirrors the unique status of The Holy See, which is an atypical government as well, as it serves as both the supreme governing body of the Catholic Church and a sovereign entity under international law.
As the sole sovereign nation representing Hinduism, KAILASA is committed to actively supporting the United Nations in the implementation of policies that reflect Hindu values and principles, particularly in safeguarding and mainstreaming the rights of all children. KAILASA’s support extends to advocating for initiatives that prioritize children's rights within the framework of international law. This includes promoting educational programs rooted in traditional Hindu teachings that foster spiritual growth alongside academic achievement.
The Hindu Holocaust: The Systematic Erosion of Hindu Education and Children's Rights
The British colonial rulers enforced a state system of education in colonial India through the Charter Act of 1813. The Act was designed to spread malicious disinformation and delegitimize the native Hindu sciences as unscientific and declared the literature, history, metaphysics, and theology of Hinduism to be “absurd”. Contrarily, the impact of indigenous Hindu knowledge and education system has been appreciated by several Nobel laureates and world leaders of thought like Werner Heisenberg, Erwin Schrödinger, Albert Einstein and George Oppenheimer. In 1835, Thomas Macaulay succeeded in destroying the ancient Gurukul education system by completely replacing it with the English Education Act.
The British colonial education system profoundly impacted Hindu society in various ways. Psychologically, it instilled a sense of cultural inferiority and eroded pride in indigenous knowledge systems, leading to internalized colonialism. Socially, it widened class divides, disrupted traditional structures, and alienated educated elites from the masses. In terms of human consciousness, it shaped thought processes towards Western paradigms while diminishing holistic and spiritual perspectives, resulting in linguistic and cultural alienation. Generationally, this system created knowledge gaps in traditional wisdom, led to cultural discontinuity, and caused identity crises for subsequent generations.
The Hindu Holocaust stands as one of the most tragic and unacknowledged genocides in human history. This dark chapter of several centuries includes massacre of 500+ million Hindus including countless children, slavery of 4+ million Hindus, induced famines resulting in the death of 160+ million Hindus, and destruction of thousands of Hindu temples, 1+ million Hindu educational institutions and 80 million Hindu books. There were 56 Hindu nations spanning approximately 6 million square kilometers across Asia, with 10,000 indigenous Hindu traditions across 1700 Hindu provinces and 200 Hindu Kingdoms. Today, only a small fraction of these indigenous Hindu traditions endure, as all Hindu sovereign lands have been unlawfully annexed, victims of decolonization leading to forced mass exodus of indigenous Hindus such as in Kashmir.
This egregious ethnocide and genocide continues to this day, with an increase in Hinduphobia and the Hindu population continuing to see significant declines across various countries. In the recent wave of violence against the Hindu community in Bangladesh, from August 4 to August 20, 2024, there were 2,010 reported incidents of attacks targeting Hindus, including assaults on 69 temples. Many Hindus were killed during this surge of violence, and at least 295 homes and businesses were destroyed.
The Re-establishment of Gurukul by SPH
KAILASA's Nithyananda Gurukul^(SM) established by SPH, as part of the United States of KAILASA ecosystem - a Government in Exile representing 21 ancient indigenous Hindu Nations and ecclesiastical historical institutions, is committed to upholding children's rights through innovative educational practices rooted in Hindu traditions.
Gurukul is the only hope for a superconscious breakthrough for humanity. It is essential for the revival of Sanatana Hindu Dharma, where students emerge as the new generation of enlightened beings holding the essence of Sadashiva [primordial Hindu divinity] and His powers.
Through Gurukul, we aim to manifest and radiate this enlightenment to the world. ~SPH
The Gurukul dates back to 15,000 years with many significant ‘firsts’ in the fields of Yoga and Ayurveda, State Policies, Politics and Statecraft, Law, Banking and Accounting, Architecture and Civil Engineering, Performing Arts, Medicine, Surgery, Botany, Chemistry and Metallurgy, Music, Physics and Mathematics, Agriculture, Astrology, Shipbuilding, Manufacturing, and Food sciences.
Persecution of KAILASA: The Contemporary Denial of Hindu Children's Rights
Article 30 of the CRC states: “In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.” However, indigenous children face educational inequities as per UN studies, reflecting systemic biases against traditional education. The education system often fails to include indigenous histories and perspectives, leading to disengagement and poor outcomes for indigenous students. Indigenous Hindu minorities, including children, face targeted harassment in the digital realm for following their Hindu lifestyle and beliefs, leading to relentless online abuse. 85% of Hindu children have reported experiencing cyberbullying, highlighting its prevalence. SPH and KAILASA's Nithyananda Gurukul has faced ongoing persecution, including legal challenges and media scrutiny, aimed at dismantling its indigenous Hindu educational system.
+-------------+--------------------------------------------------------+ | 2 March | Deep fake video was released on public media | | 2010 | platforms to incite violence on SPH for reviving | | | KAILASA. | +=============+========================================================+ | 2 - 3 March | Mobs simultaneously attacked various monasteries of | | 2010 | KAILASA’s community in various cities. This event | | | was telecasted live on national TV. | +-------------+--------------------------------------------------------+ | 2010 | Unlawful shutdowns of Nithyananda Gurukuls began. | +-------------+--------------------------------------------------------+ | 26 March | Karnataka State Police (CID) unlawfully sent letters | | 2010 | to the banks holding the accounts of the public | | | charitable trusts of the temple-monasteries of SPH, | | | illegally ordering them to freeze all the bank | | | accounts of these Trusts. | +-------------+--------------------------------------------------------+ | April 21 - | SPH was unlawfully apprehended by deep state, rogue | | June 13, | law enforcement authorities under the shadow of | | 2010 India | persecution solely fueled by media influence | | | stemming from a video, despite the absence of any | | | complainant or formal accusation¹ pertaining to | | | allegations of sexual misconduct.² The initial false | | | charges filed only came to court 8 years later, and | | | are still being litigated. SPH has not been | | | convicted of any crime in any jurisdiction. In | | | February 2024, the Indian court has acknowledged the | | | heinous crimes committed by Hindumisic forces | | | against SPH and KAILASA³. | +-------------+--------------------------------------------------------+ | 2012 - 2014 | The same false allegations and false narrative were | | | filed in the United States in 4 states in both | | USA | Federal and State courts, by the same two false | | | accusers who filed the exact same allegations in | | | India, yet the outcome was completely different – | | | SPH was absolved of all charges, while the false | | | accusers were subjected to legal sanctions, | | | including imprisonment and monetary fines exceeding | | | $6 million⁴, pertaining to defamation, malicious | | | prosecution, and related offenses. Hindumisic, | | | racist and Hindu phobic media has not published this | | | exoneration till-date. | +-------------+--------------------------------------------------------+ | 22 April | SPH was subjected to a ‘medical test’ in police | | 2010 | custody. Witness accounts record that an excessive | | | amount of blood was withdrawn in the name of | | | testing. | +-------------+--------------------------------------------------------+ | 26 April | SPH was forced into another medical torture done | | 2010 | under police custody at an undisclosed location. | +-------------+--------------------------------------------------------+ | 26 and 27 | SPH was subjected to water-boarding in the guise of | | April 2010 | another medical examination. | +-------------+--------------------------------------------------------+ | 13 June | A court order prohibited SPH from exercising His | | 2010 | right to speech and practice His religion as a bail | | | condition. | +-------------+--------------------------------------------------------+ | From June | A local TV channel in Karnataka re-broadcasted the | | 2012 | false rape accusation of SPH. | +-------------+--------------------------------------------------------+ | 2012 | State-sponsored terror attacks occurred at the | | | Nithyananda Gurukul in Karnataka, deemed illegal by | | | the High Court. | +-------------+--------------------------------------------------------+
¹ The FIR did not have the word rape in it nor was there any victim in the FIR. 9 Sep 2010, Deccan Herald – Potency test is a legal nonsense: Expert – “Medical examination of the accused in a case of rape is mandatory under Section 53 (a) of CrPC. When he (SPH Nithyananda Paramashivam) was arrested, this examination could not be conducted as there was no victim then", Karnataka State Police CID. With respect to false case (2010) filed against SPH due to media disinformation, High Court cited “apprehension of the petitioner is unfounded, saying that there was no basis on which SPH could be arrested so He did not need bail (25 March 2010), yet he was arrested and kept in custody for 53 days. The police solicited ‘victims’ and subjected SPH to physical and mental torture social shame, inspite of there being no rape victim. The State police submitted to the High Court of Karnataka that 48 witnesses were examined but no evidence was found against SPH for any crime whatsoever. The Court observed “How many days will you mentally torture a person” and expressed its concern over the lack of due legal process and subsequently granted bail to SPH. (Memo of status report, submitted by the Karnataka State Police to the Karnataka State High Court in Crl.P.2328,2329,2344 of 2010, dated 11 June 2010) https://nithyanandauniversity.github.io/2021-02-15_appendix-a/index.html#h.ineqypz0djg7
² The police took almost a decade and still have not completed their false investigation, and thus sustained the false case at a very preliminary stage itself for decades. In December 2010, millions of disciples gathered and signed letters with their blood appealing to the state authorities to end the persecution of SPH Nithyananda Paramashivam.
³ The Ramanagara Court has charged Lenin Karupan with rape, extortion, and criminal intimidation, and has ordered immediate action against him and lawyer Sridhar, co-conspirators in the creation of the deep fake video to defame SPH and in the brazen attempt to extort a substantial sum of 100 crore INR (over 12 million USD) from KAILASA. The Ramanagara Court has issued 4 inter-state non-bailable arrest warrants (NBW) against Lenin Karuppan, who is currently on the run and his petition for anticipatory bail has been dismissed by the Court. Lawyer Sridhar has been in custody since February 9, 2024 and his petition for bail has been dismissed by the Court.
⁴ https://kailaasa.org/wp-content/uploads/2021/09/116.-Samaya_Judgmentonly-1.pdf ; https://kailaasa.org/wp-content/uploads/2021/09/Ohio-Judgment1.pdf
+-------------+--------------------------------------------------------+ | 9 June 2012 | The Chief Minister of Karnataka called SPH “an enemy | | | of the state” on public television and ordered the | | | property of the community seized illegally. | +=============+========================================================+ | 13 June | SPH was arrested by the police, when he approached | | 2012 | the Court for anticipatory bail against the false | | | accusations against Him. | +-------------+--------------------------------------------------------+ | 14 June | SPH was again illegally arrested. The High Court | | 2012 | termed the arrest of SPH as “illegal”, “without any | | | authority”, “contrary to law”, “without | | | jurisdiction”⁵. Despite the fact that 600 policemen | | | violently restrained SPH and one policeman tried to | | | strangulate SPH, all broadcasted on television, | | | there has been no accountability for the police | | | brutality displayed during this assault. | +-------------+--------------------------------------------------------+ | 9 March | Vagish Prasad wielded a sword and issued a death | | 2013 | threat to SPH live on a national television channel | | | Suvarna TV. ⁶ | +-------------+--------------------------------------------------------+ | July 2013 | A Salesian clergy, Father Edward Thomas, and | | | neo-Hindutva extremist B. Shivaraj Gowda executed a | | | vexatious investigation on KAILASA’s Nithyananda | | | Gurukul to harass the students and their parents and | | | force a shutdown. | +-------------+--------------------------------------------------------+ | 17 | The Karnataka State Department of Women and Children | | September | forcibly, cruelly, and illegally interrogated | | 2013 | children in KAILASA’s Gurukul, without the consent | | | of the parents, with no video recording of the | | | examiners and late-night beyond the time permissible | | | by law. | +-------------+--------------------------------------------------------+ | 2014 | The Karnataka State Minister of Education unlawfully | | | ordered the shutdown of the Nithyananda Gurukul, | | | citing the Right to Education Act, despite the | | | Gurukul's legal exemption as a Vedic Pathashala. | +-------------+--------------------------------------------------------+ | 8 September | The state police subjected SPH to another medical | | 2014 | torture in the guise of a potency test⁷. | +-------------+--------------------------------------------------------+ | 2016 | Gurukul children including declared successors to | | | various ancient Hindu kingdoms have been subjected | | | to sexual abuse by cult leaders like Sarah Landry. | +-------------+--------------------------------------------------------+ | 6 September | A Hindumisic media channel aired a media report | | 2017 | where it falsely accused SPH of raping His own | | | biological mother (Hindu nun) on the occasion of His | | | father’s demise. | +-------------+--------------------------------------------------------+ | 11 October | Based on hateful media reports, a single Judge of | | 2017 | the High Court of Madras, Justice Mahadevan issued | | | an order barring SPH and His community from entering | | | their primary temple of worship in Madurai violating | | | their right to practice religion guaranteed by | | | Indian Constitution. | +-------------+--------------------------------------------------------+ | 18 January | Ma Nithya Nanditha, a Gurukul student, voiced out | | 2018 | against the defamatory sexualization of Hindu female | | | saint Aandal. She received death threats over the | | | phone, and several obscene morphed videos depicting | | | Ma Nanditha, a minor then, were uploaded on social | | | media by unknown revenge groups. Over a year later, | | | the nun was forced to self-exile from the country. | +-------------+--------------------------------------------------------+ | 29 January | Justice Mahadevan threatened to illegally arrest SPH | | 2018 | in a civil case based solely on the deep fake video | | | broadcast 8 years earlier. | +-------------+--------------------------------------------------------+ | 3 May 2018 | SPH was prohibited by the High Court of Madras from | | | entering Madurai Aadheenam of which He is the 293rd | | | successor. Though the order itself violates the | | | constitution, Justice Mahadevan upheld the decision | | | and even threatened SPH that He would order arrest | | | of SPH if SPH did not resign from His responsibility | | | as the successor. | +-------------+--------------------------------------------------------+ | End of 2018 | SPH was forced to leave His country to protect His | | | person and was illegally exiled into statelessness | | | by denial of natural citizenship through revocation | | | and non-renewal of His passport, against court | | | orders. In contrast, India’s MEA, stated recently | | | that Prajwal Revanna's diplomatic passport cannot be | | | revoked unless there is a court order. Prajwal's | | | case is a rape case, and unlike in SPH's case, there | | | was no victim who gave evidence in front of the | | | magistrate. | +-------------+--------------------------------------------------------+ | November | The Gujarat State government Child Welfare | | 2019 | Commission (CWC) raided KAILASA’s Hindu female | | | monastery and molested the children. The only | | | women's monastery and Hindu University was | | | demolished. Parents of the children collectively | | | filed a POCSO case against the Child Welfare | | | Committee (CWC), seeking accountability for the | | | ongoing abuse and threats their children experienced | | | during CWC raids. In recent legal victories for | | | KAILASA, the Honorable Gujarat High Court dismissed | | | all charges in the false Gujarat case against SPH | | | fomented by anti-Hindu forces. | +-------------+--------------------------------------------------------+ | 16 February | The Hindumisic extremists targeted and attacked the | | 2021 | indigenous education of the AIAT and the core of | | | KAILASA’s lineage and succession by systematically | | | eliminating the Guru-disciple succession in | | | traditional kingdoms like the ancient Thondaimandala | | | aadheenam. | +-------------+--------------------------------------------------------+ | 24 February | An Ambassador of KAILASA and Hindu Nun of The | | 2023 | Sovereign Order of KAILASA’s Nithyananda, H.E. | | | Vijayapriya Nithyananda, made an official public | | | statement at the UN. The statement, which raised the | | | concern | +-------------+--------------------------------------------------------+
⁵ CRL.P. 3253/2012 http://indiankanoon.org/doc/85011170
⁶ Based on the video evidence a city magistrate registered the formal complaint (FIR). FIR 81/2013 dated 10/March/2013 at the 8th Addl. CMM Court. Nrupatunga Road, Bangalore City
⁷https://www.lawweb.in/2015/05/whether-accused-is-duty-bound-to-co.html; https://drive.google.com/file/d/1vi3YpN2l0Mq3GDtH-1OHB2JVYGEYRgrf/view
+-------------+--------------------------------------------------------+ | | of ongoing persecution of SPH and KAILASA, sparked | | | an unprecedented backlash of more than 1,000 media | | | stories globally, a scathing attack by the media to | | | delegitimize SPH and KAILASA’s statehood. | +=============+========================================================+ | November 3, | KAILASA established bilateral relations with two | | 2023 | municipalities of Paraguay. This move sparked a | | | widespread media backlash across the region, | | | referring to SPH as “Nithyananda, facing multiple | | | charges in India” and “a fugitive Indian guru’s..”, | | | and labeling KAILASA as a “fictional country.” This | | | denial of KAILASA's existence as a sovereign nation | | | not only undermines its purpose and necessity but | | | also deprives Hindus of their fundamental right to | | | self-determination. In recent victories for Hindus, | | | several articles delegitimizing and defaming KAILASA | | | and SPH have been removed, including by the | | | Washington Post. | +-------------+--------------------------------------------------------+
The Juridical Statehood of KAILASA
[]KAILASA is a sovereign subject of international law-possessing distinctive attributes, derived from SPH’s inheritance of the unbroken succession and the revival of three ancient Sanātana Hindu sovereign states: Surya Vamsa Surangi Samrajya Sarvajnapeetha, Suvarnapeetha Swargapura Samrajya Sarvajnapeetha, and the Shyamala Peetha Sarvajnapeetha. In addition, Kanchi KAILASA Sarvajnapeetha and seventeen sovereign Sanatana Hindu ecclesiastical historical institutions receive customary recognition by the UN as per the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations.
At the time of the British withdrawal from India in 1947, 565 independent Hindu sovereign princely states were officially recognized in the Indian subcontinent. The Surangi Kingdom was amongst them. Even though the "Instrument of Accession" did not remove the kingdom's sovereignty, after their land was ceded, their sovereignty was forcibly stripped. Further, the Hindu Kings of these states were corrupted by the assurance of a personal "Privy purse" , which was later unilaterally abolished⁸, in exchange for selling out the Hindu traditions and constitutional principles. Annexation by force and corruption is illegal under international law, per various international legal frameworks and customary international laws.⁹
[]
10 11 12 13 14
Doctrine of Continuity - International law recognizes a state's legal personality by recognizing its identity. This perspective extends to periods of annexation or occupation, where the legal personality of a state is considered to persist, enabling its subsequent re-establishment.¹⁵ By the doctrine of continuity legal facts in the context of the history of the Hindu sovereign State of the Surangi Kingdom, SPH derives all sovereign rights and powers of the royal lineage as the Sovereign from His inheritance and continuation of the unbroken succession of the Surangi Kingdom. As per the doctrine of continuity, these facts imply that the legitimacy of KAILASA manifests as a natural outcome of historical legal facts without mandating the need for further validation, confirmation, or support from other nations. While the territory of the Surangi Kingdom was annexed unlawfully, KAILASA has no territorial conflict with the Republic of India or any other nation and does not claim any territorial rights over its erstwhile territories.
Doctrine of Acquired Rights¹⁶ - Sovereign powers and rights acquired from the various lineages of these ancient sovereign Hindu states by SPH through succession as the Sovereign of these states and KAILASA through the unification of these states are absolute, undisputed, and additionally endorsed by the Republic of India through its treaty obligations.
⁸ The privy purse itself was unilaterally abolished by the Indian Government, invoking the conditions of fraud (article 49 VCLT) and that of "termination or suspension of the operation of a treaty as a consequence of its breach" (article 60) of the VCLT. The Vienna Convention on the Law of Treaties (VCLT) 1969 clearly states as grounds for invalidity of a treaty to include: Restrictions on authority to express the consent of a State (article 49 VCLT); Corruption of a representative of a State (article 50 VCLT); Coercion of a State by the threat or use of force. https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
⁹Article 2(4) of the Charter of the United Nations https://www.un.org/en/about-us/un-charter/full-text ; The International Law Commission (ILC) https://legal.un.org/ilc/guide/1_14.shtml ; Article 8 of the Rome Statute of the International Criminal Court (ICC) https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf ; The Hague Regulations and Geneva Conventions (i) https://www.wipo.int/export/sites/www/hague/en/docs/hague_system_regulations.pdf, https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/hague-convention-text.html ¹⁰Tiwari, Aaditya (30 October 2017). "Sardar Patel – Man who United India". pib.gov.in.
¹¹Lumby, E. W. R. 1954. The Transfer of Power in India, 1945–1947. London: George Allen & Unwin. p. 228
¹²https://en.wikipedia.org/wiki/Government_of_India_Act_1935
¹³ Through the 42^(nd) Amendment in 1976 in the Constitution of India, this stand was further reasserted with the addition of the word “Secular” to the Preamble of the Constitution of India, thereby further distancing India (Bharat) to its original form as a Hindu nation. This amendment, in spirit, further dissociated India (Bharat) from all religious duties and identities of a Hindu Kingdom, unlike how it always was during its history of more than 10,000 years.
¹⁴ https://en.wikipedia.org/wiki/The_Emergency_(India)
¹⁵ Historical examples dating back to the eighteenth century include cases like Portugal and Genoa and instances of state re-establishment after the Vienna Congress of 1815. More recent examples, such as Poland, Ethiopia, Czechoslovakia, Albania, and Austria during and after World War II, serve as other modern instances of state re-establishment, offering additional evidence to recognize and preserve a state's legal personality over time.
¹⁶Vienna Convention on the Law of Treaties art. 70(1)(b), May 23, 1969, available at https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf, provides that the termination of an international treaty "does not affect any right, obligation or legal situation of the parties created through the execution of the treaty prior to its termination," and that the concerned parties created through the treaty continue to possess their respective acquired rights.
Rights of the Deity and legal principles of Divine Sovereignty - The concept of Divine Sovereignty is universally recognized¹⁷ and the concept of temple Deities owning property is a well-established legal principle.¹⁸ Just as in the case of Hindu Temples where the Deity is the owner of the temple and attached properties, the Presiding Deity of the Hindu Kingdom is the Sovereign of the Kingdom. The King of a Hindu nation was a mere regent of the Lord¹⁹, similarly to how the executive officers of the temples are mere servants²⁰ of the presiding Deity. Additionally, non-Hindu individuals cannot be trustees, executive officers, or personnel in the Hindu temples²¹, and therefore, non-Hindus entities cannot take over a Hindu nation, or the non-Hindu government cannot run or annex a Hindu kingdom. Given the Doctrine of Continuity, the rights of the Deity and legal principles of Divine Sovereignty, Nehru’s annexation of Hindu kingdoms under a non-Hindu framework was unlawful²².
The United States of KAILASA within its historical cultural, religious legal framework has and shall remain in perpetuity in the future, notwithstanding the impacts of climate change during the time of Kumari Kandam²³, colonial legacies, annexation of territories by modern states and upheavals resulting in loss of physical territory. KAILASA, an eternal and timeless realm, has existed in perpetuity, its spirit and essence enduring despite the trials of time.
The Need for UN Support in Safeguarding Hindu Gurukuls
The Nithyananda Gurukul creates an ecosystem where students live their full potential both in the inner world and the outer world. They learn to shape their own future with power and self-confidence
- Vasudeva Kutumbhakam - “The whole world is my family”
- Advaita (Oneness)²⁴
- Brahmanyam Bahuputratam - Hinduism introduces you to you as the favorite inheritor of the Cosmos.
- Ahimsa (Non-violence) - The principle upon which the Constitution of KAILASA is based on.
- First Amendment of the Constitution of KAILASA states: Every citizen has the right to cognize himself / herself as Paramashiva.
- All beings are Divine - KAILASA’s founding principle
- Gender equality - Hinduism recognizes 11 genders and respects same sex marriage.
Vedic Feminism^(®) ²⁵
- Environmental advocacy - SPH is reviving time-honored knowledge systems derived from Hindu scriptures: Clean Air Initiative, Sustainable Agriculture, Reduction in Carbon Footprint, Go Zero Waste Initiative, Say No To Plastics Initiative
Best Practices and Stakeholder Engagement
The indigenous Gurukul system empowers children to take an active role in advocating for their rights and participating in community initiatives. KAILASA has established feedback mechanisms that allow children to express their opinions on policies and practices impacting their lives. Additionally, KAILASA Gurukul children are involved in the justice process through local and international youth councils, ensuring their voices are heard in decisions affecting their education and welfare. KAILASA’s policies adhere to comprehensive child protection protocols, digital safety guidelines, and anti-discrimination policies aligned with UNICEF and UNESCO standards. In compliance with the “all knowledge is free” clause of Paramashiva’s economic policy SPH has passed an Executive Order with all knowledge providing services of KAILASA being free of charge.
SPH's global initiatives to ensure children’s rights include:
- Empowering indigenous children since 1996
- 5+ million reached worldwide
- 4 flagship programs: eN-Genius^(SM), Nithyananda Yoga^(SM), Nithyananda Vidyalaya^(SM), e-Gurukuls^(SM)
- 50,000+ children empowered annually
To advocate for indigenous educational rights, and enhance children's rights and access to justice, KAILASA collaborates with government agencies, legislative bodies, the United Nations, civil societies, and international organizations.
¹⁷https://www.indiatoday.in/magazine/international/story/19880315-indian-government-wins-stolen-nataraja-idol-case-in-british-court-797028-1988-03-14
¹⁸ These concepts and principles in India are primarily governed by Hindu law and various judgments by the Supreme Court and High Courts. One of the landmark cases that dealt with Deities being juristic persons capable of owning property is the case of "Ram Jankijee Deities vs State Of Bihar & Ors (1999) 5 SCC 50". In this case, the Supreme Court of India held that Hindu idols are juristic entities and have the legal status of a minor under the guardianship of the managing trustee or priest of the temple. Implying that the Deity, as a juristic person, can own property, sue, and be sued in court. The property in question is held in trust for the Deity, and the managing trustee or the priest acts on behalf of the deity.
¹⁹ For example, Marthanda Varma, King of Padmanabhapuram, Kingdom of Travancore, in December 1749, declared and dedicated the kingdom to the presiding Deity, Sri Padmanabha, and subsequently assumed the title Padmanabha Dasa (the servant of Lord Padmanabhan). This act is known as Thripadidanam, which meant that the kingdom became the property of Padmanabhaswamy. Since then, the kingdom's sovereign has been the temple's Deity, while the head of the royal family ruled on the Deity’s behalf as guardian and pre-eminent servant (Padmanabha Dasa). Since that day, Travancore has not belonged to any one person or the royal family but to the Lord. The kings merely ruled as vassals of agents of the Deity. Marthanda Varma’s last words to his successor, Rama Varma, were, “No deviation whatever should be made in regard to the dedication of the Kingdom to Sri Padmanabhaswamy, and all further territorial acquisitions should be made over to the Devasom.”
²⁰https://indiankanoon.org/doc/122592345/
²¹ In Sabhanayagar Temple, Chidambaram v. State Of Tamil Nadu, (2014) 12 SCC 454 (dated January 6, 2014, available at - https://main.sci.gov.in/jonew/judis/41133.pdf), the court upholds that temple trustee cannot be non-Hindu entity; trustees or managers of a temple must be associated with the Hindu faith, as they are serving the presiding Deity. Similarly, the Andhra Pradesh Endowments Act 1956 (available at https://www.indiacode.nic.in/bitstream/123456789/16889/1/act_no_30_of_1987.pdf) states that Non-Hindus or non-believers should not be appointed as trustees or heads of Hindu temples. Similarly, the Tamil Nadu Hindu Religious and Charitable Endowments Act, Section 10, clearly states that all personnel must be Hindus (https://www.indiacode.nic.in/bitstream/123456789/13275/1/TNHR%26CE%20ACT,%201959%20-%20revised%20and%20updated.pdf).
²² Just as in the Chidambaram v. State Of Tamil Nadu (2014) 12 SCC 454, the judgment emphasized that religious denominations or a section (including a community of priests, Pontiff of the temple-monastery, etc.) functioning as trustees have an essential requirement to be associated with the Hindu faith, as they serve in a capacity that is deeply intertwined with the religious and spiritual heritage of the temple, likewise, the executive officers of the system of governance, including laws and constitution, must be derived from the Hindu Jurisprudence (the VedaAgamas and Dharmashastras) and heritage, inherent laws and statutes of the Hindu nation are deeply intertwined with its religious and spiritual heritage. This fact is well understood by the application of the legal principle and international customary law, "Ex injuria jus non oritur," which translates to "Law does not arise from injustice" or, more loosely, "From wrong or unjust action, law (or a right) cannot arise”. This principle is a fundamental concept in international law. It's rooted in the idea that one cannot benefit from wrongdoing. It plays a crucial role in various aspects of international law, including the prohibition of acquiring territory by force and the illegality of agreements or actions contrary to international law. It emphasized that the illegal action (annexation of a Hindu state by threat or force) cannot create legal rights for the wrongdoer.
²³ Kumari Kandam is the Ancient Enlightened Sanatana Hindu Civilization, emphasizing its role in shaping cultural heritage and spiritual beliefs, thus strengthening the bond between Hindu identity and transnational ancient roots. However, the sovereign lands of its citizens were lost to the waves of the Indian Ocean when Kumari Kandam, the ancient Hindu homeland, sank beneath the surface due to the ravages of cataclysmic climate change and ecological destruction. This calamity, a stark reminder of the consequences of neglecting the delicate balance of nature, has driven the people of KAILASA to seek a new home, where they may rebuild and thrive in harmony with the environment. Later on in history, the rest of our lands were lost as an effect of colonialism, further eroding our connection to our ancestral heritage and cultural identity.
²⁴ Oneness of all beings is the core operating cognition resulting in all beings experienced as the self. “Ekoham Bahu Syam”, translated as: I am one; may I become many.
²⁵ KAILASA's policies create the safest workplace and ecosystem for women where they makeup 80% of the senior leadership in The SPH’s mission and 90% of parliament, thereby establishing His vision of Hinduism as not just orthodox, but also highly progressive and committed to gender equality. Women have a secure, sexual harassment free ecosystem due to its zero-tolerance policy against sexual harassment and exploitation. In addition, The SPH Bhagavan Nithyananda Paramashivam has revived the Yogini Sarvajnapeetha established to empower and support girls and women to become enlightened, spiritually powerful global leaders.
Kailash Union, Human Rights Council Resolution 55/29 on the Rights of the Child (2023). United Ancient Nations Documents Collection, reference UAN-REPORT-UNHRC-ChildrensRights-20230000-1. https://docs.unitedancientnations.org/reports/ahbywfyniyaixhtmzjtfgkhgredy
