Institutional Arrangements of States that Enable Minority Rights to Flourish

Institutional arrangements of States that enable minority rights to flourish

A report by Kailash Union May 10, 2024

INTRODUCTION

The British Creation of the Caste System

The British colonizers distorted Hindu traditions, misinterpreting the varna system as a rigid caste hierarchy. Through census operations from 1840-1925, they forcibly categorized diverse communities into artificial constructs, shattering the social fabric. This policy of institutionalized divide marginalized many, denying their birthright to practice Dharma freely under imposed colonial laws.¹

This categorization of native inhabitants based on a faultily generalized identity that has resulted in violence is a global phenomenon as seen in the Rwanda Genocide which killed 500,000 to 800,000² Tutsis with a total estimated death at 1,100,000.³ ⁴

¹"caste". Oxfoíd English Dictionaíy

²Guichaoua, Andíé (2 Januaíy 2020). "Counting the Rwandan Victims of Waí and Genocide: Concluding

Re ections". Jouínal of Genocide Reseaích. 22 (1): 125-141 doi:10.1080/14623528.2019.1703329. ISSN 1462-3528.

³Reyntjens, Filip. ESTIMATION DU NOMBRE DE PERSONNES TUÉES AU RWANDA EN 1994. Available

at:https://medialibíaíy.uantweípen.be/oldcontent/containeí2143/ les/Publications/Annuaiíe/1996-1997/10-R eyntjens.pdf

⁴ The origin of this classification both in India and Rwanda was not native to these countries, but a colonial trope^(#).

The Rwanda Genocide that involved Hutu and Tutsi people, for example, was caused by a faulty classification system developed during a colonial census.

The definitions of "Hutu" and "Tutsi" people have changed through time and location.

Even during colonial times under Belgian rule, social structures were fluid throughout Rwanda.

The Tutsi aristocracy or elite was distinguished from Tutsi commoners, and wealthy Hutu were often indistinguishable from upper-class Tutsi.

When the Belgian colonists conducted censuses, they wanted to identify the people throughout Rwanda-Burundi according to a simple classification scheme.

They defined "Tutsi" as anyone owning more than ten cows (a sign of wealth) or with the physical feature of a longer nose, or a longer neck, commonly associated with the Tutsi.

The Hutu and Tutsi spoke the same language, practiced the same religion, and participated in the same government, and having lived together for at least 400 years, had considerable intermingling and intermarrying, such that ethnographers claim that the two groups "cannot be called distinct ethnic groups".^(#)

In 1871, the word “caste” was used by the colonial government to force-fit people groups in a pseudo-identity framework based on surname, appearances, facial features, etc.⁵

The 1871 census data was used to create legislatures such as the Criminal Tribes Act (1871)⁶ that made prejudicial negative stereotypes, which arbitrarily declared any person a criminal by the very nature of his birth in a certain people's group, or by his professing a certain surname.

The Criminal Tribes Act deprived several people groups of their inalienable universal human right to be presumed innocent until proven guilty (UN UDHR Article 11).

In the United States of Kailasa, there is Zero Caste discrimination through the revival of Varna Ashrama Dharma

While the four Varnas of Hinduism that are defined based on Karmas⁷ and Gunas⁸ are a form of self-declaration and subjective fluid⁹ classification, and the 3000 Jatis are endogamous people groups with 25,000 Upjatis¹⁰ that include exogamous Gotra groups, the 1871 census and later literature faultily generalized¹¹ the 25,000 people groups into a force-fitted classification using the same verbiage as of four Varnas which was

Rather, the two terms in the contemporary setting merely referred to a colonial pseudo-identity framework in which the Hutu were primarily farmers and the Tutsi were primarily herdsmen. (https://www.beyondintractability.org/casestudy/fornace-rwandan )

In a similar way, until the colonialization of India, the word caste in the present context was unknown to not just India but also the world.

⁵https://censusindia.gov.in/DigitalLibrary/data/Census_1881/Publication/India/1A-Memorandum%20on%20the%20ce

nsus%20of%20British%20India,%201871-1872.pdf

⁶Text of the Criminal Tribes Act 1871 at Columbia University

⁷ Actions motivated by individual worldview and pursuits of life

⁸Activism, that is, number of active working hours per day

चातुव य मया स ृ टं गुणकमfवभागशः॥ त य कता रमfप मां fवद यकता रम ययम॥् Bhagavata Gita Chapter 4 verse 13॥

⁹Dirks (2001). Castes of Mind: Colonialism and the Making of Modern India. Princeton, NJ: Princeton University Press

¹⁰(i)https://economictimes.indiatimes.com/news/politics-and-nation/young-angry-and-untouchable-indias-low-caste-thr

eat-to-modi/articleshow/67589578.cms , (ii) https://edition.cnn.com/2001/WORLD/asiapcf/south/08/17/india.caste/

¹¹Dumont, Louis (1980), Homo Hierarchicus: The caste system and its implications, University of Chicago Press, pp.

66-67 ISBN 0-226-16963-4

contrary to both practical indigenous lifestyle experience and written scriptures.¹² ¹³

Such faulty generalizations coupled with negative stereotypes were applied to various people groups such as to Hindu scholars and priests who were presumed to be nepotistic by the virtue of their birth, surname, or profession¹⁴, and similarly, all Hindu monastic orders (Sanyasis) were presumed to be criminal by birth as per CTA.

The Supreme Pontiff of Hinduism (SPH) Bhagavan Nithyananda Paramashivam has revived the United States of KAILASA, the ancient enlightened Sanatana Hindu civilizational nation, as a beacon of hope for indigenous minority communities.¹⁵

KAILASA has been working to address the issues of caste, colonialism and enforced secularism, including supporting initiatives that promote social equality and justice and advocating for the rights of marginalized communities on a global scale.

Violation of Human Rights, Religious Freedom, and International Law Right to Freedom of Religion (Article 18, UDHR)

12Mahābhārata (Vana-parva, chapter 177, verse 20), “śūdre caitad-bhavel-lakṣma dvije tac ca na vidyate। na vai śūdro bhavec-chudro brāhmaṇo na ca brāhmaṇoḥ॥” “If someone born a śūdra possesses the characteristics of a brāhmaṇa and someone born a brāhmaṇa does not, that śūdra should not be known as a śūdra, and that

brāhmaṇa should not be known as a brāhmaṇa.”

¹³This faulty generalization is described by William Robert Cornish, who supervised colonial government census operations in the Madras Presidency in 1871, as “Whether there was ever a period in which the Hindus were composed of four classes is exceedingly doubtful".

Cornish, W R (1874): Report on the Census of the Madras Presidency, 1871, with Appendix (Madras: The Government Gazette Press), p 121, 122.

https://www.epw.in/journal/2011/33/special-articles/census-colonial-india-and-birth-caste.html

¹⁴Diehl, Anita (1977). E. V. Ramaswami Naicker-Periar: A study of the influence of a personality in contemporary South India. Sweden: Scandinavian University Books. ISBN 978-91-24-27645-4.

¹⁵ KAILASA is the First Sovereign State for the two billion Hindus, providing them with a platform to reclaim their religious, cultural, economic, and political legitimacy in the global landscape. 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.

Examples such as forced conversion of minorities in India and persecution of Rohingya Muslims in Myanmar raise concerns about religious freedom and human rights.

Upholding diversity, tolerance, and justice is crucial. KAILASA advocates for religious minority rights, aids victims, and supports religious tolerance initiatives.

Right to Freedom from Torture (Article 5, UDHR)

The right to be free from torture is violated globally. For example, in India, police brutality targets minorities.

At Guantanamo Bay, 780 Muslim detainees faced torture, per a 2023 UN report¹⁶. KAILASA raises awareness and supports torture survivor rehabilitation.

Right to Liberty and Security of Person (Article 9, UDHR)

The right to liberty and security is violated through arbitrary detention. In India, political activists are illegally detained, while in China, Uyghur Muslims face mass detention and human rights abuses.

KAILASA advocates for the release of political prisoners and supports due process initiatives.

Right to Freedom of Expression (Article 19, UDHR)

In India, censorship hampers free speech, while Turkey suppresses dissenting voices. KAILASA supports free expression by backing independent media and defending journalists' rights, fostering open dialogue and diverse viewpoints.

¹⁶ https://www.amnesty.org.uk/guantanamo-bay-human-rights

THE HINDU HOLOCAUST

The Hindu civilization has for the last 2000 years gone through a massive Hindu Holocaust¹⁷ resulting in the loss of 56 Hindu nations covering 6 million km² of land.

This egregious holocaust continues to this day.

The failure to acknowledge genocide itself constitutes a grave injustice and a violation of human rights.

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Massacre of 400 million+ Hindus

¹⁷ https://gov.shrikailasa.org/persecution

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4 million+ Hindus enslaved

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Thousands of Hindu temples¹⁸ ¹⁹ destroyed & ongoing nationalization of Hindu temples²⁰

¹⁸ The enlightenment ecosystem of Hinduism is centered around temples - sacred spaces of indigenous worship, education, manifestation of extraordinary powers, promoting peace and harmony through authentic Hindu rituals - and an integral part of Hinduism.

¹⁹ According to research conducted by Indian historian Sita Ram Goel (16 October 1921 – 3 December 2003)

²⁰ Targeting of minority religious sects by the State by the nationalization of their temples - As per the preamble of the Indian Constitution, the State of the Republic of India is a Secular state (The Constitution of India (Forty-Second Amendment) Act, 1976). It is an established international tenet of secularism that religious institutions may not be singled out for special burdens, in that governments may not impose special restrictions on religious activities that do not also apply to similar nonreligious activities

(https://www.fsb-law.com/freedom-of-religion-and-covid-19-can-state-government-close-churches/).

However, in India, state and religion are not separate (https://www.hindujagruti.org/hindu-issues/save-temples/free-hindu-temples-from-government). Various State governments of India have nationalized religious worship places (livemint.com/Sundayapp/FU6sreM7t13piRRwkvdKfP/Secularism-and-principled-distance-How-Hinduism-was-nation a.html) and politically controlled matters of belief. The Supreme Court of India has made three judgments directing the State governments to withdraw themselves from administration and control of Hindu temples (https://www.sundayguardianlive.com/news/demand-free-temples-government-control). This has not remedied the situation and the State governments in India continue to control and administer more than 400,000 temples of the country

(jagran.com/jharkhand/ranchi-vishva-hindu-parishad-prepares-to-free-4-lakh-temples-from-government-controls-in-in dia-21485552.html).

Various State governments of India use vexatious litigations targeting minority indigenous spiritual traditions, by taking over their temples, misappropriating their temple funds (newindianexpress.com/states/tamil-nadu/2018/aug/01/top-official-of-hr-and-ce-held-for-swindling-gold-1851502.html)

, misappropriating their temple land

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1,000,000+ Hindu educational institutions destroyed ²¹ ²²

(thehindu.com/news/national/tamil-nadu/high-court-raps-hrce-department-for-failing-to-protect-temple-land/article330 50098.ece), kidnapping and trafficking ( https://stolengods.org/country/india.html) their worshiped Deities (swarajyamag.com/news-brief/madras-high-court-is-upset-with-what-the-tamil-nadu-police-has-been-doing-on-idol-th eft-cases-and-its-investigation), destroying their heritage and religious structures using heavy earthmovers (www.thehindu.com/news/cities/chennai/Blame-game-on-over-temple-demolition/article14588712.ece), and interfering with their religious appointments by means which are not just unconstitutional (AIR 1983 Mad 72 https://indiankanoon.org/doc/651773/) but also against the ancient indigenous laws and customs.

Since 2020, the situation has worsened as the apex courts have upheld the State takeover of temples from traditional trusts and imposing special burdens on these temples (indianexpress.com/article/explained/explained-the-padmanabhaswamy-temple-case-and-what-verdict-means-for-tra vancore-royal-family-6503543;

hindustantimes.com/india-news/uttarakhand-hc-upholds-constitutional-validity-of-uttarakhand-char-dham-devasthana m-management-act/story-2uN3FHHxImID6j1oj0ORKO.html), destroying vulnerable native traditions irreversibly.

²¹ The British Colonial Power introduced a state system of education in colonial India through the Charter Act of 1813 completely replacing the Hindu indigenous Gurukul Education. The Act spread malicious disinformation that the native Hindu sciences are unscientific and declared the literature, history, metaphysics, and theology of Hinduism to be “absurd” (https://www.jstor.org/stable/4027833) while 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.

²² The Hindu Holocaust included the destruction of Nalanda Hindu University and its library. This university was home to a 9-story library which archived all of Hinduism’s most valuable texts. The library also contained the oldest texts on copper plates that predated the books that were made from parchment by thousands of years. The books and knowledge that the university would have had in its prime is simply incomprehensible. Nalanda University and library with 9 million Hindu scriptures was burnt down by Mughul invader Baklitiyar Khilji in 1193 CE. In addition, the

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160 million Hindus starved to death

Takshasila University and library were destroyed during the Toramana (a ruler of the Alchon Huns) invasion in 500 CE. In total over 80 million Hindu books were burnt and destroyed during the Hindu holocaust.

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Significant decline in Hindu population across various countries

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 (3) ancient Sanātana Hindu sovereign states:

1. Surya Vamsa Surangi Samrajya Sarvajnapeetha

2. Suvarnapeetha Swargapura Samrajya Sarvajnapeetha

3. Shyamala Peetha Sarvajnapeetha²³

CUSTOMARY RECOGNITION BY THE UN²⁴

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ENFORCED SECULARISM THROUGH FORCEFUL AND ILLEGAL ANNEXATION OF HINDU LANDS

At the time of the British withdrawal from India in 1947, 565 independent Hindu sovereign princely states were officially recognized in the Indian subcontinent.²⁵ The Surangi Kingdom was amongst them.²⁶

²³ 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.

²⁴https://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf

²⁵ Bhargava, R. P. (1991), The Chamber of Princes, Northern Book Centre, pp. 312–323, ISBN 978-81-7211-005-5

²⁶ (i) Dr. Henry Soszynski - Study of Orissa estates during the 19th century http://members.iinet.net.au/~royalty/ips/misc/orissa_estates.html, research showing that Surangi was recognised

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27 28 29 30 31 32 33

Even though the "Instrument of Accession" did not remove the kingdom's sovereignty³⁴, after their land was ceded, their sovereignty was forcibly stripped.

as an independent princely state by the British Government ruled by the “Raja” (KING) (ii) https://www.indianrajputs.com/view/surangi

²⁷ Tiwari, Aaditya (30 October 2017). "Sardar Patel – Man who United India". pib.gov.in.

²⁸ Lumby, E. W. R. 1954. The Transfer of Power in India, 1945–1947. London: George Allen & Unwin. p. 228

²⁹ https://en.wikipedia.org/wiki/Instrument_of_Accession

³⁰ The "Instrument of Accession" between the Hindu Kings and the Dominion of India was contrary to the Hindu law that governed these Kingdoms, as these kings were merely the stewards of the presiding Deity, having no authority to accede their kingdoms to a non-Hindu entity.

³¹ https://en.wikipedia.org/wiki/Government_of_India_Act_1935

³² 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.

³³ https://en.wikipedia.org/wiki/The_Emergency_(India)

³⁴ The template "Instrument of Accession" mentioned, "Nothing in this Instrument affects the continuance of my sovereignty in and over this State, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this state or the validity of any law at present in force in this State."

White Paper of Indian States (1950) Ministry of States, Government of India, Instrument of Accession, Appendix VII, point 8, https://en.wikisource.org/wiki/White_Paper_on_Indian_States_(1950)/Part_4/Instrument_of_Accession

Further, the Hindu Kings of these states were corrupted by the assurance of a personal "Privy purse"³⁵ ³⁶, which was later unilaterally abolished³⁷, 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.³⁸

Doctrine of Continuity³⁹

³⁵ https://en.wikipedia.org/wiki/Privy_Purse_in_India

³⁶ 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.

³⁷ The Vienna Convention on the Law of Treaties (VCLT) 1969 clearly states as grounds for invalidity of a treaty to include:

a. Restrictions on authority to express the consent of a State (article 49 VCLT),

a. Corruption of a representative of a State (article 50 VCLT)

b. Coercion of a State by the threat or use of force. https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf

³⁸ - Article 2(4) of the Charter of the United Nations, a fundamental principle of international law, requires all Member States to refrain from threatening or using force against any State's territorial integrity or political independence. U.N. Charter art. 2, para. 4 ("All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations."), available at https://www.un.org/en/about-us/un-charter/full-text.

- The International Law Commission (ILC) states the law of the UN Charter concerning the prohibition of the use of force is a mandatory jus cogens rule in international law from which no deviation is permitted. The ILC's Special Rapporteur has further added that by the same standards, no deviation from the right to self-determination is allowed in international law.

International Law Commission, "Peremptory norms of general international law (Jus cogens)", Analytical Guide to the Work of the International Law Commission, available at https://legal.un.org/ilc/guide/1_14.shtml.

- The Rome Statute of the International Criminal Court (ICC) in Article 8 bis defines the crime of aggression as an international crime, which includes "the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations.” https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf

- The Hague Regulations and Geneva Conventions, central to International humanitarian law (IHL), that occupation is meant to be temporary and does not confer Sovereignty on the Occupying Power. The law of occupation specifically safeguards the occupied people from any attempts at annexation or claims of Sovereignty over the territory.

(i) https://www.wipo.int/export/sites/www/hague/en/docs/hague_system_regulations.pdf

(ii) https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/hague-convention-text.html

³⁹ 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.

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.

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By the doctrine of continuity⁴⁰ 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.⁴¹ ⁴²

⁴⁰ The Vienna Convention on Succession of States in Respect of Treaties (1978) (https://legal.un.org/ilc/texts/instruments/english/conventions/3_2_1978.pdf.) addresses aspects of the Doctrine of Continuity by outlining how treaty obligations are handled during state succession.

In international customary law, the 'Principle of Continuity of States' (Doctrine of Continuity) implies that upheavals and revolutions within a country, changes in government, territorial adjustments, measures taken during military occupation, or other internal transformations do not negate the existence of the country, do not affect the legal personality and international obligations of the state.

⁴¹ The Surangi Kingdom, through unification with 20 other sovereign Hindu States and sovereign ecclesiastical, historical entities, became part of the United States KAILASA, which thus became a Sovereign independent juridical state, with SPH as the Sovereign.

⁴² 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 Rights

The Doctrine of Acquired Rights⁴³ is enshrined in international law, such as the Vienna Convention on the Law of Treaties, Article 70(1)(b)⁴⁴, and in international case law.⁴⁵ ⁴⁶ ⁴⁷

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.

Rights of the Deity and legal principles of Divine Sovereignty

⁴³ The Doctrine of Acquired Rights upholds the principle that rights, once legally established and recognized, cannot be arbitrarily dismissed or infringed upon by subsequent changes in government policies or state structures, playing a critical role in situations of state succession.

The Doctrine of Acquired Rights, underscored in various international legal frameworks, is an international customary law intended to maintain continuity, stability, and predictability that are indispensable in international cooperation and diplomatic relations.

During these transitional periods, the successor state is expected to respect the acquired rights of individuals and entities established under the predecessor state. This continuity is essential for the individuals and entities concerned and maintaining the integrity of international legal obligations, underpinning the confidence required for robust international legal order in investment, trade, and diplomatic relations.

⁴⁴ Vienna 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.

⁴⁵ For instance, the Permanent Court of International Justice held in its Advisory Opinion on the German Settlers in Poland (1923) that "Private rights acquired under existing law do not cease on a change of sovereignty." As per the United Nations International Law Commission, these statements of the Permanent Court clearly show that, in the event of a territorial change, an international obligation exists to respect the rights of private individuals acquired under the legislation previously in force.

⁴⁶ International Law Commission, Documents of the eleventh session, including the report of the Commission to the General Assembly, Fourth report on State Responsibility by Mr. F. V. Garcia-Amador, Special Rapporteur Document A/CN.4/119 on State responsibility. https://legal.un.org/ilc/documentation/english/a_cn4_119.pdf

⁴⁷ Publications of the Permanent Court of International Justice, Collection of Advisory Opinions, series B, No. 6, Settlers of German Origin in Territory ceded by Germany to Poland, pp. 36 and 38. See also other statements of the Court in Collection of Judgments, series A, No. 2, The Mavrommatis Palestine Concessions case, p. 28, and series A, No. 7, Case concerning certain German interests in Polish Upper Silesia, pp. 22 and 42

The concept of Divine Sovereignty is universally recognized⁴⁸ and the concept of temple Deities owning property is a well-established legal principle.⁴⁹

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 regent of the Lord⁵⁰, similarly to how the executive officers of the temples are mere servants⁵¹ of the presiding Deity.

⁴⁸ Around 1976, a case of deity theft was filed in the UK court. The suing entity was a juristic person, which was a Hindu Deity. The case involved the repatriation of a stolen Nataraja Deities to India, which had been stolen in the autumn of 1976 from the Aril Thiru Viswanatha Swamy Thanjavur district, Tamil Nadu.

The Indian Government sued Bumper Development Corporation (BDC) and the metropolitan police as co-defendants. The case was fought by a Queen's Counsel, Adrian Hamilton, assisted by the persuasive Bhaskar Ghorpade, barrister-at-law. The Indian Government argued that "once a deity, always a deity. An idol remains a juristic person however long buried or damaged, since the deity and its juristic entity survive the total destruction of its earthly form." The judge concluded that a juristic entity with a title to the Nataraja is superior to that of the defendant. The case set a precedent for regaining stolen temple Deities. It marked the first time a Hindu Deity (embodied form of God as per Hinduism) was recognized as a juristic person in a UK court. https://www.indiatoday.in/magazine/international/story/19880315-indian-government-wins-stolen-nataraja-idol-case-in

-british-court-797028-1988-03-14

These case references illustrate that the Hindu Law and principles related to Deity Rights and Divine Sovereignty are recognized in Common English Law, not just in some jurisdictions. Also, given the fact that these principles are recognized in Common English Law and applied before Colonization (in Hindu kingdoms under the Hindu constitution), during the colonial era (under Common English Law), and afterward under Indian (which also upholds these principles as illustrated with different case laws), it is clear that these principles are universal and undisputed.

⁴⁹ 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.

⁵⁰ 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.”

⁵¹ The Executive Officers are mere servants of the Deity.

In “State Of Madhya Pradesh & Ors. V. Pujari Utthan Avam Kalyan Samiti & Anr”, (2021) SC 4245, AIR 2021 SC 690, (dated September 6, 2021, available at https://indiankanoon.org/doc/122592345/), the Supreme court ruled that the presiding Deity owns all temple property as a legal person and the name of neither the District Collector (State District Executive) nor the Pujari (priest) be put in the property ownership papers(Revenue records). Paragraph 27 of the judgment mentioned above states, “In the ownership column, the name of the deity alone is required to be mentioned as the deity, being a juristic person is the owner of the land. The occupation of the land is also by the deity, which is carried out by the servant or the managers, on behalf of the deity.” The property of the Deity cannot be used by anybody else.

Additionally, non-Hindu individuals cannot be trustees, executive officers, or personnel in the Hindu temples⁵², 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 unlawful⁵³ ⁵⁴.

De Jure and De Facto Statehood⁵⁵ ⁵⁶

⁵² 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.

This principle is elaborated in paragraph 19 of the judgment, which outlines that religious denomination or a section (including a community of priests, Pontiff of the temple-monastery, etc.) who have been recognized as having the exclusive privilege to participate in the administration, worship, and services to the Deity of the temple, and who have a right established and recognized for several centuries are the rightful trustees.

The judgment also emphasized that such 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.

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 - "19. Disqualifications for Trusteeship -

(1) A person shall be disqualified for being appointed as, or for being, trustee of any charitable or religious institution or endowment - [...] (j) if he does not profess Hindu religion in the case of religious institution or endowment." 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%20an d%20updated.pdf).

⁵³ 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.

⁵⁴ 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.

⁵⁵"Juridical statehood" refers to the legal recognition of a political entity as a sovereign state under international law. An international entity with de facto (by fact) statehood has all the characteristics of a state and operates like one but may not be widely recognized.

An entity with de jure (by law) statehood meets the legal criteria and is widely recognized by the international

community.

⁵⁶ It is the formal, legal recognition that it is an entity and is constitutionally independent of all foreign states, recognized as sovereign or independent by most states, enjoys membership in international organizations, and possesses various rights and obligations under international law.

The Montevideo Convention⁵⁷ on the Rights and Duties of States establishes that “the political existence of the state is independent of recognition by other states” ⁵⁸.

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As a juridical state, KAILASA possesses an international legal personality, which means it can enter into treaties, join international organizations, and raise claims in international courts.

⁵⁷ Montevideo Convention on the Rights and Duties of States, Article 3, December 26, 1933. Available at: https://www.ilsa.org/Jessup/Jessup15/Montevideo%20Convention.pdf

⁵⁸emphasizing the inherent rights of states to self-governance, territorial integrity, and political independence. Further, Article 13 of the 1948 Charter of the Organization of American States elucidates the independent exercise of these rights within the framework of international law https://www.oas.org/dil/1948%20charter%20of%20the%20organization%20of%20american%20states.pdf

⁵⁹ The three ancient Hindu sovereign states of KAILASA, namely the kingdoms of Surya Vamsa Surangi Samrajyam Sarvajnapeetham, Suvarnapeetha Swargapura Samrajya Sarvajnapeetham, Shyamala Peetha Sarvajnapeetham possessed all these characteristics at all time.

However, at various times, temporarily, the control of their territory was lost. But this did not negate the existence of KAILASA, as per the doctrine of continuity, in the international customary law, which, as mentioned before, states that the upheavals and revolutions within a country, changes in governmental forms, the extent of a country's territory, and measures taken during a military occupation do not affect the existence of the State.

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⁶⁰ The Roman Emperor Julian is noted to have received an embassy from a Pandya around 361 CE. https://www.britannica.com/topic/Pandya-dynasty (ii) Trade and Trade Routes in Ancient India, by Moti Chandra, Abhinav Publications, Chapter VI - Trade between India and the Roman Empire, page 111,”From those land routes at least in the time of Augustus several Indian embassies reached Rome. At least four such embassies are mentioned in the Latin literature, namely 1) the embassy from Puru country (the territory between the Jhelum and Beas) took with it to Rome serpents, monals, tigers and a letter written in Greek language, 2) the embassy from Broach was accompanied by a Buddhist monk named Germanos, 3) an embassy from the Chera country. It was reported in Rome that at Muziris (Cranganore) was built a temple in honour of Augustus and 4) an embassy from the Pandya country brought with it precious stones, pearls and an elephant. We know that in the time of Augustus commercial relations between India and Rome grew but in this the balance of trade was in favour of India from the very beginning and as a result of this Roman gold poured into the country.” https://ignca.gov.in/Asi_data/63122.pdf

⁶¹ Such ancient history illustrates that the constituent Sovereign nations and entities of the United States of KAILASA had been well-known international legal personalities at various times, possessing both De Jure and De Facto Statehood, and with their revival as KAILASA continues to do so.

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 Kandam⁶², 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.

III. BARRIERS TO MINORITY PARTICIPATION - CASE STUDY OF SPH AND KAILASA

Persecution of Tamil minorities in Karnataka

In 1956, different states of India were reorganized⁶³. This led to the marginalization of people of Tamilian ethnicity in the areas, which were acceded to from the erstwhile Madras Presidency to the new-found Greater Mysore.⁶⁴

⁶² 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.

⁶³ AJOY KUMAR GUPTA, THE INDIAN PARLIAMENT AND STATES REORGANIZATION, Parliamentary Affairs, Volume X, Issue 1, 1956, Pages

104–115, https://doi.org/10.1093/oxfordjournals.pa.a054397

⁶⁴ The city of Bangalore, which itself was founded in 1537, was predominantly composed of people of Tamil ethnicity in its demographic composition. Until 1991, people of Tamilian ethnicity formed the largest ethnic group in Bangalore Urban district. The 1991 census, for the first time, recorded a Kannada-speaking majority ahead of the people of Tamil ethnicity in this district.

On 25 June 1991, the Kaveri Water Tribunal, constituted in 1990, directed the Karnataka state government to release 205 billion ft³ (5.8 km³) of water to Tamil Nadu within a year. Karnataka issued an ordinance to annul the tribunal's award, but this was struck down by the Supreme Court of India. The tribunal's award was subsequently gazetted by the Government of India on 11 December 1991. Neo-Hindutva caste supremacists used this opportunity to incite violence for petty political gains. The very next day, Neo-Hindutva caste supremacist extremists of Karnataka called for a bandh (https://en.wikipedia.org/wiki/Bandh - A general strike or protest forcing closure of all public and private businesses and services during the period of the strike) on 13 December 1991 alleging partisan behavior of the Government of India. ((i) Sanjoy Hazarika (5 January 1992). "Tamils are target of riots in Southern India". The New York Times. https://www.nytimes.com/1992/01/05/world/tamils-are-target-of-riots-in-southern-india.html

(ii) Dutta, Madhusree; Adarkar, Neera (1996). "Challenge of Communalism". The nation, the state, and Indian identity. Popular Prakashan. pp. 105–112. ISBN 8185604096, ISBN 9788185604091)

The leader of the neo-Hindutva caste supremacist extremists declared, “Cauvery (river) is the mother of the Kannadigas, so we cannot give the water to anybody else.” The next day, 14 December 1991, the neo-Hindutva extremists allegedly roamed the streets of Bangalore carrying sticks, shouting slogans, beating up Tamil laborers. Businesses run by people of Tamil ethnicity, Tamil language movie theaters, and even vehicles with Tamil Nadu license plates were targeted. Soon the riots spread to the Mysore district and other parts of southern Karnataka. Tamil-speaking villagers were driven out and their property confiscated. A curfew of one week was declared under section IPC 144. The violence left more than 17 ethnic Tamils dead (Dugger, Celia W. (18 August 2000). "Evildoer, Kidnapper, Tamils' Hero, Rolled into One". The New York Times. ISSN 0362-4331

SPH hails from the minority Aboriginal Indigenous Agriculturalist Tribe (AIAT) from Tamil Nadu. Animosity stemmed from SPH reviving KAILASA and being of Tamil ethnicity living in Karnataka State. On 2 March 2010, a deep fake video was released by Hindumisic⁶⁵ forces on public media platforms to incite hatred and persecution on SPH ⁶⁶ ⁶⁷ ⁶⁸. This event marked the onset of nearly two decades of relentless persecution targeting SPH and KAILASA⁶⁹.

----------------------------------------------------------------------- 2 and 3 March 2010 Mobs simultaneously attacked various monasteries of KAILASA’s community in various cities⁷⁰. --------------------- -------------------------------------------------

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nytimes.com/2000/08/18/world/evildoer-kidnapper-tamils-hero-rolled-into-one.html). More than 15,000 people of Tamil ethnicity were forced to flee the State.

Such targeting of ethnic minorities of Tamil origin continued over the decades, aided by the incited and multiplied by hate propaganda created by the politically owned neo-Hindutva media.

In 2016, in another such protest, two people were killed. Sugata Raju, editorial director of the Asianet group - a BJP owned neo-Hindutva media house which runs Suvarna News, gave an interview where he said, “I am embarrassed. Instead of disseminating information, TV channels became agent provocateurs.” As per their admission, though they accepted their role in flaring the violence, they justified their acts, blaming other channels to instigate this by a race for television rating points.

⁶⁵ Showing hostility and hatred against Hinduism and Hindu people

⁶⁶ A morphed defamatory video of the actress Ranjitha with SPH was spread virally over the print and electronic media by the deep state controlled Sun TV. The video was analyzed and proven to be false on almost 60 technical points by 4 independent forensic experts including from the FBI, Canada, etc. In 2012 the Chief Operations Officer of Sun TV gave a television interview accepting that the channel manufactured fake news to target SPH (18 Dec 2012 - Jaya TV - Hansraj Saxena’s Statement - Jaya TV(https://shrikailasa.github.io/persecution_evidences/Confession_of_Sun_TV_COO_Hansraj_Saxena_on_national_ television.mp4This video was removed in hours after it was telecast; the AIAT legal archives have downloaded the same for evidence and records. Later in 2014, he reiterated this statement in an affidavit to a US court (US District Court, Central District of California, Case 5:13-cv-00393-VAP (SPx), document 156-3, 3 Nov 2014, Declaration of Dharmaraja Hansraj Saxena. https://shrikailasa.github.io/persecution_evidences/Affidavit_of_Dharmaraja_Hansraj_Saxena.pdf).

Although the courts ordered in her favor restraining the misinformation (W.P. 8619/2011, WP 7767/2010, 14/527/10-11-PCI, 2 Sept 2013 BCCC Order, NBSA #32/2014, etc.) and telecast of fabricated deep-fake videos, the media kept pushing the implementation of the order to various quasi-legal institutions (self-regulatory bodies run by the media itself). Finally, the media self-regulatory quasi-legal body, the NBSA ordered its member channels to remove fabricated defamatory videos from their websites (News Broadcasting Standards Authority Order No. 32 (2014) dated 27 Aug 2014, found Zee TV and Aaj Tak in contempt of court), and were ordered to apologize and also delete all similar videos from their websites also (refer point - 6 of the same order). http://www.nbanewdelhi.com/assets/uploads/pdf/2014_12_ORDER_NO_32_DT 27_8_14.pdf ). None of the media houses complied with the order and kept reuploading, re-telecasting the same footage, and continue the misinformation propaganda to date.

⁶⁷ WP 7767/2010 http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/427478/1/WP7767-10-12-08-2010.pdf

⁶⁸ WP 7767/2010 http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/427478/1/WP7767-10-12-08-2010.pdf

⁶⁹ https://github.com/kailaasa/docs-for-media

⁷⁰ The main building housing SPH was burned down by the mob in an attempt to kill Him while the police stood by and watched. This event was telecasted live on national TV.

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----------------------------------------------------------------------- 9 March 2013 Vagish Prasad wielded a sword and issued a death threat to SPH live on a national television channel Suvarna TV.⁷¹ ⁷² --------------------- -------------------------------------------------

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⁷¹ This was an open declaration to assassinate SPH and attempt to incite hatred of one sect of religious followers against SPH by spreading disinformation and hate against him. It was a criminal conspiracy to criminally intimidate SPH, his disciples on the one hand and the members belonging to one particular religious sect to fight amongst themselves thus abetting and promoting enmity between different groups on grounds of religion/spiritual following and to incite mob violence by outraging the religious feelings, insulting religious beliefs, uttering words etc., with a deliberate intent to wound religious feelings.

⁷² 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

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+---------------------+------------------------------------------------+ | 26 March 2010 | Karnataka State Police (CID) unlawfully sent | | | letters to the banks holding the accounts of | | | the public charitable Trusts of the | | | temple-monastery of SPH, illegally ordering | | | them to freeze⁷³ all the bank accounts of | | | these Trusts⁷⁴. | +=====================+================================================+ +---------------------+------------------------------------------------+

⁷³ https://drive.google.com/file/d/1S-iNQvKkNHYMIwe8e39SmsnyLmonpv81/view?usp=drive_link https://drive.google.com/file/d/13Vlh9D2GcjsfIjqg-PRkiV1hSlTIYHw3/view?usp=drive_link

⁷⁴ There was no food in the monastery. The residents were pushed to crisis, and were forced to survive by drinking rain water which collected under-ground, and living by sorting good grains out of the rotten ones. When they appealed to the Court to seek relief, the judge made a mocking statement in the open court, ‘If there is no food, eat air.’ Several residents and full-time volunteers fled the monastery due to starvation. Several social welfare and spiritual services of the monastery had to be discontinued.

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+---------------------+------------------------------------------------+ | April 21 - June | SPH was unlawfully apprehended by law | | 13, | | +=====================+================================================+ | 2010 | enforcement authorities under the shadow of | +---------------------+------------------------------------------------+ | | persecution, potential genocide and hate | | | attacks, | +---------------------+------------------------------------------------+ | | solely fueled by media influence stemming from | | | a | +---------------------+------------------------------------------------+ | | video, despite the absence of any complainant | +---------------------+------------------------------------------------+

+---------------------+------------------------------------------------+ | | or formal accusation⁷⁵ pertaining to | | | allegations of sexual misconduct.⁷⁶ | | | | | | The initial false charges filed only came to | | | court 8 years later, and are still being | | | litigated⁷⁷ ⁷⁸. As of the current date, SPH | | | has not been convicted of any crime in any | | | jurisdiction. | | | | | | Contrarily, the individuals behind the | | | spurious allegations sought to initiate legal | | | proceedings against SPH across three states | | | within the USA. | | | | | | During the period from 2012 to 2014, SPH was | | | absolved of all charges, while the false | | | accusers were subjected to legal sanctions, | | | including imprisonment and monetary fines | | | exceeding $6 million⁷⁹, pertaining to | | | defamation, malicious prosecution, and related | | | offenses. | +=====================+================================================+ +---------------------+------------------------------------------------+

⁷⁵ 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

⁷⁶ 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. From June 2012, a local TV channel in Karnataka where the AIAT monastery (headquarters) is located re-broadcasted the fake accusation of the false rape accuser. Subsequently, on June 13, 2012, SPH was arrested by the police, when he approached the Court for anticipatory bail against the false accusations against him of disrupting the peace when militants had attacked him and his disciples and monks in his home. The next day, when he was released on bail, he was again re-arrested in the Court yet again this time allegedly “for his own protection”, and as the solution for being threatened by militants. The order being absolutely baseless and a gross violation of the fundamental right to liberty itself, the disciples of SPH filed a petition in the High Court seeking the release of SPH from illegal custody. SPH was released on 15 June 2012.

⁷⁷ https://github.com/kailaasa/docs-for-media/tree/main/exoneration%20in%20false%20rape%20accusation

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https://kailaasa.org/briefings-statements/key-conspirators-behind-deepfake-video-arrested-sridhar-now-jailed-interstat e-nbw-issued-for-lenin/

⁷⁹ https://kailaasa.org/wp-content/uploads/2021/09/116.-Samaya_Judgmentonly-1.pdf https://kailaasa.org/wp-content/uploads/2021/09/Ohio-Judgment1.pdf

----------------------------------------------------------------------- Hindumisic, racist and hindu phobic media⁸⁰ has not published this exoneration till-date. --------------------- -------------------------------------------------

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⁸⁰ https://news.umich.edu/india-ranks-as-highest-risk-for-misinformation-u-m-experts-can-comment/

⁸¹ Footage of mob lynching and acid attack at The SPH https://drive.google.com/file/d/1EeeWoFGFSuYqybHe3YMEUNc6ou_7kSz5/view

+---------------------+-------------------------------------------------+ | 22 April 2010, 9 PM | SPH was subjected to a ‘medical test’ in | | | police custody. Witness accounts record that | | | an excessive amount of blood was withdrawn in | | | the name of testing. | +=====================+=================================================+ | 26 April 2010 | SPH was forced into another medical torture | | | done under police custody at an undisclosed | | | location⁸². | +---------------------+-------------------------------------------------+ | 26 and 27 April | SPH was subjected to water-boarding in the | | 2010 | guise of another medical examination⁸³ in | | | Jayadeva Hospital. | +---------------------+-------------------------------------------------+ | 13 June 2010 | A court order prohibited SPH from exercising | | | his right to speech and practice his religion | | | as a bail condition⁸⁴. | +---------------------+-------------------------------------------------+

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⁸² This was reported by the media, however, all such newspaper evidence was destroyed, and print copies of these are available only in some libraries in India. 27 April 2010 - The New Indian Express, Page 3 - Swamy Has Chest Pain https://shrikailasa.github.io/persecution_evidences/Medical_'test'_forced_on_the_SPH_in_2010.jpg

⁸³ (i) 30 Apr 2010, Bangalore Mirror – “Don't put me under knife: Nithyanand” https://bangaloremirror.indiatimes.com/bangalore/others/dont-put-me-under-knife-nithyananda/articleshow/21880163

.cms (ii) 28 Apr 2010, Bangalore Mirror – “Normal Swami back to jail” https://bangaloremirror.indiatimes.com/bangalore/others/normal-swami-back-to-jail/articleshow/21881456.cms

⁸⁴ 13 June 2010 - The court order prohibited preaching, giving religious sermons, and teaching any form of classes. The solutions of SPH as taken from the scriptures of Hinduism, the Vedas and Agamas, were not allowed to be heard and he was heavily persecuted for over one decade for his progressiveness.

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+---------------------+------------------------------------------------+ | From June 2012 | A local TV channel⁸⁵ in Karnataka | | | re-broadcasted the false accusation of the | | | false rape accuser.⁸⁶ | +=====================+================================================+ | 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.⁸⁷ | +---------------------+------------------------------------------------+ | Subsequently, on | SPH was arrested by the police, when he | | June 13, 2012 | approached the Court for anticipatory bail | | | against the false accusations against him of | | | disrupting the peace when militants had | | | attacked him and his disciples and monks in | | | his home⁸⁸. | +---------------------+------------------------------------------------+ | 14 June 2012 | SPH was again illegally arrested. The High | | | Court termed the arrest of SPH as “illegal”, | | | “without any authority”, “contrary to law”, | | | “without jurisdiction”⁸⁹. | | | | | | However, there was no accountability⁹⁰ for the | | | State terrorism or police torture and | | | ill-treatment, such as the fact that 600 | | | policemen⁹¹ brutally rammed on SPH and choked | | | Him by the neck all of which was aired on | | | television⁹². | +---------------------+------------------------------------------------+

⁸⁵ https://en.wikipedia.org/wiki/Asianet_Suvarna_News

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https://docs.google.com/presentation/d/1mtmGHs8leBNAOjB7TS5fVxZsOzDM6nM5nT0lbgkxPnc/edit#slide=id.g74c8 333f3c_0_751

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https://docs.google.com/presentation/d/1mtmGHs8leBNAOjB7TS5fVxZsOzDM6nM5nT0lbgkxPnc/edit#slide=id.g74c8 33610a_0_723

⁸⁸ The next day, when he was released on bail, he was again re-arrested in the Court yet again this time allegedly “for his own protection”, and as the solution for being threatened by militants. The order being absolutely baseless and a gross violation of the fundamental right to liberty itself, the disciples of SPH filed a petition in the High Court seeking the release of SPH from illegal custody. SPH was released on 15 June 2012.

⁸⁹ CRL.P. 3253/2012 http://indiankanoon.org/doc/85011170

⁹⁰ https://www.deccanherald.com/content/262949/hc-disposes-nithyanandas-plea-seeking.html

⁹¹ (i) "Over 600 police personnel were stationed within the court permises in a two pronged attack mode." New Indian Express

https://www.newindianexpress.com/states/karnataka/2012/jun/15/600-police-deployed-for-nithyanandas-security-377 299.html

⁹² https://drive.google.com/file/d/1LTqDl8gikjZ5R5yua_7DImGu1XQeO1wf/view

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+--------------------+-------------------------------------------------+ | 8 September 2014, | The state police subjected SPH to another | | | medical torture in the guise of a potency | | 8 AM | test⁹³. | +====================+=================================================+ | | SPH was subjected to cruel and inhumane | | | treatment such as – forced violent | | | masturbation, genital mutilation, barbaric | | | anal examination⁹⁴ ⁹⁵ ⁹⁶. | +--------------------+-------------------------------------------------+

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⁹³Under the pretext of executing the Supreme Court of India order wherein point 5 the court had described the scope of a medical examination as for “limited purpose of taking his blood samples” https://www.lawweb.in/2015/05/whether-accused-is-duty-bound-to-co.html https://drive.google.com/file/d/1vi3YpN2l0Mq3GDtH-1OHB2JVYGEYRgrf/view

⁹⁴ disguised in reports as a per-rectal test. See Pg. 37 of State Hospital reports on medical test

⁹⁵ https://www.daijiworld.com/news/newsDisplay.aspx?newsID=263353

⁹⁶ 8 September 2014, 8 am, special ward no. 1 second floor of Institute of Nephro-Urology Victoria Hospital. It was an open ward without any privacy. He was subjected to brutal sexual torture. This was narrated live in several local media channels in a defamatory way. Doctors tried to use female nurses for these tests and it was made sure this was narrated in the media. The eye-witness (Doctor) recalls female staff was made to parade in perverted ways in the open ward. These narratives were defamatory, hateful and extremely vulgar to ensure no sympathy was felt towards SPH. SPH was forced by the medical team to have tests done by female nurses, right from withdrawal of blood to everything else. It was emphasized repeatedly that SPH being a lifelong celibate monk and the religious leader of 2 billion Hindus should not be subjected to such treatment which is absolute violation of his religious and human rights. The media made caricatures with vulgar defamatory narratives and aired while the test was still in progress. The State medical team recorded this in their report, “Sri Nithyananda Swamy refused to permit Audio-video recording of the tests which was conveyed to the investigating officer.” justifying the demand for videography of venereal organs. SPH was subjected to torture in the name of medical test for which he had clearly expressed his concern about life threat.

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----------------------------------------------------------------------- 6 September 2017 A Hindumisic media channel aired a media report where it falsely accused SPH of raping His own biological mother (a Hindu nun) on the occasion of His father’s demise.⁹⁷ --------------------- ------------------------------------------------- 11 October 2017 Based on hateful media reports, a single Judge of 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.

29 January 2018 The same judge threatened to illegally arrest SPH in a civil case based solely on the morphed video broadcast 8 years earlier. This is further evidence of the trial by media influence on Indian judicial system where the accused is guilty until proven innocent.⁹⁸

3 May 2018 SPH was prohibited by the High Court of Madras itself 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 -----------------------------------------------------------------------

⁹⁷ The channel went on to justify their sadist sexual objectification of Hindu nuns terming it as “unbiased reporting”. ZMCL to Lakshmi Malladi dated 25 Oct 2017, https://kailasa.hindunation.org/0:/for%20UN%20report/Response%20by%20ZMCL%20to%20complaint%20filed%20b y%20Ms.%20Laxmi%20Malladi.pdf, in reply to NBSA complaint to Guru Ghantaal Zee News - http://youtu.be/AmDr3wb7FPk

⁹⁸ https://nithyanandauniversity.github.io/2021-02-15_appendix-a/index.html#h.5xl9pspl1qf4

+---------------------+------------------------------------------------+ | | resign from His responsibility as the | | | successor⁹⁹ | | | | | | 100. | +=====================+================================================+ | 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.¹⁰¹ In stark | | | contrast, India’s MEA, stated recently that | | | Prajwal Revanna's diplomatic passport cannot | | | be revoked unless there is a court order.¹⁰² | | | In November 2019, a massive media | | | disinformation was launched branding SPH as | | | enemy of the State for approaching the United | | | Nations for justice and protection¹⁰³. | +---------------------+------------------------------------------------+

⁹⁹ The Shyamalapeetha Sarvajnapeetha Madurai Aadheenam is the world’s most ancient monastery that is still functional to this date. SPH is its 293rd Pontiff. Throughout the documented history of the monastery which span at least 3,000 years of worship to the sacred Shivalinga has never even once been missed even for a single day. However, during the 14 June 2012 illegal arrest SPH was denied the right and responsibility to execute His core responsibility of offering daily worship to the Shivalinga. This broke the tradition which had even survived during the thousand year Hindu Holocaust perpetrated as the world’s bloodiest genocide that killed more than 400 million.

¹⁰⁰ As per the constitution of India, a person is to be treated as innocent until proven guilty, and no one has the right to pass judgment on such a person. SPH has never been implicated in any crime. Yet against the very constitution of the country He has repeatedly been treated in a prejudicial manner as assumed guilty. Justice Mahadevan went on to pass an order blatantly violating the fundamental rights of SPH and against the very tenets of natural law and justice and on record said, "Who permitted you to record court proceedings? To whom were you sending-message about the proceeding? Don't think that this court is a playground. I will see that your ashram is vanished. Hundreds of complaints are pending against the ashram”https://timesofindia.indiatimes.com/city/chennai/madras-hc-warns-of-issuing-arrest-warrant-against-self-style d-godman-nithyananda/articleshow/62692301.cms

¹⁰¹ https://shrikailasa.github.io/persecution_evidences/2019-May-06-reply-to-notice-from-passport-office.jpg https://shrikailasa.github.io/persecution_evidences/2010-April-15_illegal_show_cause_notice.jpg https://shrikailasa.github.io/persecution_evidences/2012-Aug-06-execution-of-MEA-order-to-return-passport.png https://shrikailasa.github.io/persecution_evidences/2011-April-21-in-CrlMP_2328-2010.png

https://shrikailasa.github.io/persecution_evidences/2018-May-30_proof_all_documents_submitted.jpg https://shrikailasa.github.io/persecution_evidences/2018-Aug-28_signed-reply-to-the-illegal-show-cause-notice.jpg

¹⁰²https://timesofindia.indiatimes.com/india/obscene-videos-case-cannot-take-back-prajwal-revannas-diplomatic-pass

port-unless-there-is-court-order-says-mea/articleshow/109786323.cms

¹⁰³ https://www.republicworld.com/india-news/general-news/exclusive-nithyanandas-petition-to-un-maligns-india.html

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Attacks on KAILASA nuns, girls and successors

The Hindumisic media ran hours¹⁰⁴ of hateful programs addressing KAILASA’s nuns, women, and girls as “brainwashed”, “sodomized disciples”¹⁰⁵, “witches”¹⁰⁶, “prostitutes”¹⁰⁷, “cult worshippers”, (child) “sex

¹⁰⁴ https://docs.google.com/spreadsheets/d/1Opin5NMenD_f2WYQZ_M74dL96tN3PpU0uC2QuNTFba4/edit

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https://www.newindianexpress.com/states/karnataka/2010/dec/10/nithyananda-sodomised-his-disciples-209732.html ¹⁰⁶ Worship of divine feminine consciousness during Chandi Homa maligned as witchcraft https://www.youtube.com/watch?v=M6T8GwNo8SM

¹⁰⁷ “‘They are continuously harassed in public for no fault of theirs’, said Nithyananda. According to Nithyananda, sarees of at least ‘17 women devotees were pulled’ in public, at seven places his Brahmacharis were thrashed and the Ashram call center received about 300 phone calls for prostitution.” https://www.deccanherald.com/content/152493/cid-report-stolen-says-nithyananda.html

slaves”¹⁰⁸, and also published violence-inciting, prejudicial narratives such as “Hang the Sin Swamis”¹⁰⁹ ¹¹⁰, resulting in the rape¹¹¹ ¹¹² of several nuns.

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¹⁰⁸ (i) CC 25289/12, 21 Dec 2012, CMM Court Bangalore, ASMT Dalit Nun Ma Nithya Supriya Swami v. Charu (Kumudam Reporter) (ii)

https://www.vikatan.com/news/coverstory/114380-the-psychology-behind-the-cults-worshippers.html ¹⁰⁹ 5 March 2010 - Headlines Today - 8:20 PM – Hang the Sin Swamis (Hindu monks) docs.google.com/document/d/1f7CEsZDNw5Tl8wJX3fckhmEGqOyESHgy7GgXJiai8vo

¹¹⁰ Several media houses continue to publish such defamatory articles, causing marginalization of KAILASA’s women and girls dangerously inciting mob violence and rape against them.

¹¹¹ 7 June 2012, Bengaluru, Hindumisic militants attacked a KAILASA monastery, several nuns were raped ( (i) FIR 300/2012, Bidadi PS, Ramanagara, Karnataka, https://shrikailasa.github.io/persecution_evidences/CC233-2020-FIR300-2012-MaJnanatmaSwami.pdf (ii) FIR 294/2012, Bidadi PS,).

The Chief Minister of Karnataka State - D V Sadananda Gowda, was in direct complicity and had publicly declared his Government’s stand to persecute SPH and community#. The Chief Minister of the state of Karnataka came on television saying he would, ‘arrest SPH Nithyananda Paramashivam in 2 days, close the monastery, teach SPH a lesson’.

https://www.indiatoday.in/india/north/story/govt-orders-probe-against-swami-nithyananda-in-ranjitha-case-105299-201 2-06-11

¹¹² 28 October 2015, KAILASA’s nun was molested and escaped an attempted rape by a Hindumisic militant. FIR 587/15, Tiruvarur Town PS, 27/Oct/2015 https://shrikailasa.github.io/persecution_evidences/CC37-2015_FIR587-2015_MaJyotikaSwami.pdf

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+---------------------+------------------------------------------------+ | 17 September 2013 | The Karnataka State Department of Women and | | | Children forcibly, cruelly, and illegally | | | interrogated children in KAILASA’s Gurukul, | | | without the consent of the parents, with no | | | video recording of the examiners and | | | late-night beyond¹¹³ the time permissible by | | | law¹¹⁴. | +=====================+================================================+ +---------------------+------------------------------------------------+

¹¹³ http://shrikailasa.github.io/persecution_evidences/gurukul/CWC_Representatives_17-Sep-2013.png - Letter from CWC representative Radhka. K acknowledging with a signed letter that she came to see gurukul with police beyond legally permissible time (click here to see video evidence)

¹¹⁴ The State interrogators shamed and ridiculed the children, particularly girls for their dress, pressured them to quit their spiritual-religious lifestyle, and forced children to eat unhealthy substances avoided in KAILASA Hindu lifestyle. The lawyer of the school was sued by the State for intervening in the violation of the rights of children and parents (FIR 340/13 Bidadi PS dated 19-Sept-2013 u/s IPC 186 against Ragasudha (lawyer of the ASMT school and parents)

). Several such raids were done by the State and many vexatious legal proceedings and orders were executed by the State to forcibly shut down the school. http://shrikailasa.github.io/persecution_evidences/gurukul/Letter_CWC_Representative_Radhka._K_17-Sep-2013.pn g

+---------------------+------------------------------------------------+ | 18 January 2018 | Young nun and Princess of KAILASA, HRH Ma | | | Nithyananditha, received death threats over | | | the phone for voicing out against defamatory | | | sexualization of Hindu female saint Aandal | | | by politically owned media.¹¹⁵ | +=====================+================================================+ | November 2019 | A massive media disinformation was launched | | | against the women of KAILASA and SPH | | | alleging falsely crimes like torture, kidnap | | | and branding SPH as enemy of the State for | | | approaching the United Nations for justice | | | and protection¹¹⁶. | | | | | | The Gujarat State government Child Welfare | | | Commission (CWC) officials raided KAILASA’s | | | Hindu female monastery and molested the | | | children studying there. The only women's | | | monastery and Hindu University was | | | demolished.¹¹⁷ | | | | | | On February 2, 2024, the court has | | | acknowledged the heinous crimes committed by | | | Hindumisic forces against SPH and KAILASA | | | and 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 | +---------------------+------------------------------------------------+

¹¹⁵ Several obscene morphed videos depicting Ma Nithyananditha and KAILASA’s children were uploaded on social media by unknown groups.

¹¹⁶ https://www.republicworld.com/india-news/general-news/exclusive-nithyanandas-petition-to-un-maligns-india.html

¹¹⁷ The CWC officials were pulled up by the parents of these children in the High Court. The police complaint against the State authorities was closed without investigation and the petition to the Court was forced to be withdrawn by the Court. Instead, a false case was charged against the nun heads, and they were kept under custody for almost 3 months.

In High Court of Gujarat, R/SCR.A/26/2020, https://indiankanoon.org/doc/74023602/

+---------------------+------------------------------------------------+ | | substantial sum of 100 crore INR (over 12 | | | million USD) from KAILASA¹¹⁸ ¹¹⁹. | +=====================+================================================+ +---------------------+------------------------------------------------+

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https://www.livelaw.in/high-court/gujarat-high-court/spiritual-roads-are-always-lengthy-gujarat-high-court-dismisses-pl ea-after-4-years-filed-by-a-man-against-self-styled-godman-swami-nithyananda-for-confining-daughters-248359.

¹¹⁹ 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.

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Media attempts to delegitimize KAILASA’s Statehood

On 24 Feb 2023, the Permanent Ambassador of KAILASA and Hindu Nun of The Sovereign Order of KAILASA’s Nithyananda, H.E. Vijayapriya

¹²⁰ - KAILASA’s Prince, Sri Nithya Sundadreshwarananda, aged about 18 years, was forcibly evicted from the ancient spiritual kingdom of Thondaimandala Aadheenam of which he was declared the successor as per the ancient Hindu kingdom’s tradition, and he and his family was attempted to be murdered by Hindumisic forces.

- https://www.youtube.com/watch?v=jeRtmcwo39Q - attempt on the life of a balasant who is both the ‘Karuvazhi Varisu’ (successor as per bloodline) and ‘Guruvazhi Varisu’ (successor as per the religious Master-disciple monastic order) of SPH Nithyananda Paramashivam whose family (https://kailasapedia.org/thumb.php?f=Family_tree_of_sph.jpeg&width=600) traditionally used to head the Thondaimandala Aadheenam but political influence was used by the State Finance Minister PTRP Thiyagarajan along with his brother PTRK Vijayarajan (Head of the State appointed Advisory Committee) to illegally oust SPH who was the 233rd pontiff of the spiritual kingdom of Thondaimandala Aadheenam.

On 16 Feb 2021, the State of Tamil Nadu with the support of the head of the Dharmapura aadheenam Srila Shri Masilamani Desiga Gnanasambandha Paramachariya Swamigal and his disciple Justice Mahadevan (who had passed the order illegally banning SPH from entering another ancient kingdom Madurai Adheenam of which SPH was the legally coronated pontiff), illegally appointed the successor of the above mentioned ancient traditional monastery, Kattalai Thambiran from Dharmapuram Adheenam, as the pontiff of Thondaimandala Aadheenam, and forcibly evicted the 233rd successor pontiff nominated by SPH Sri Nithya Sundareshwarananda who has been groomed personally by the late Guru Mahasannidhanam for over 15 years as the successor Pontiff.

On 3 March 2021, in a public interview, PTRP Thiyagarajan (incumbent Finance Minister of State of Tamil Nadu) of the political party DMK bragged that he along with his brother PTRK Vijayarajan (Head of the State appointed Advisory Committee which decides who can and cannot be Guru Maha Sannidhanam), evicted the 233rd successor Pontiff Sri Nithya Sundareshwarananda and ASMT community members from the Thondaimandala Aadheenam. Showing no remorse for breaking the age-old tradition of Guru-disciple lineage the DMK minister and his brother vilified SPH Nithyananda Paramashivam, the 232nd Pontiff, the 233rd successor Pontiff and the ASMT community and emphasized that the mutt would be run as per the DMK party ideology and thus they had evicted the 233rd successor Pontiff - See the interview (from 18:20 mins to 21:20 mins) https://youtu.be/420zj4Hjn8E. On 5 March 2021, the State confirmed the appointment of the State groomed pontiff and illegally nullified the religious appointment done by the 232nd pontiff.

Nithyananda, made an official public statement¹²¹ at the UN in Geneva¹²². The statement raised the concern of ongoing persecution¹²³ of SPH and KAILASA.

The statement made by H.E. Vijayapriya Nithyananda sparked an unprecedented backlash of more than 1,000 media stories across multiple print, digital and social media platforms across more than 8 countries¹²⁴ and reporting in more than 13 languages¹²⁵. This was a scathing attack¹²⁶ by the

¹²¹ Full transcript of statement made on 24 Feb 2023 by Her Excellency (HE) Vijayapriya Nithyananda, Permanent Ambassador to the United Nations and Nun of The United States of KAILASA: “Thank you Chairperson. This question is about the rights of indigenous people in sustainable development. I’m here representing the United States of KAILASA, I’m the Permanent Ambassador Vijayapriya Nithyananda. So, KAILASA is the first sovereign state for Hindus which is established by the Supreme Pontiff of Hinduism Nithyananda Paramashivam, who is reviving the enlightened Hindu civilization and its 10,000 indigenous traditions of Hinduism including the AdiShavite Indigenous Agricultural Tribes for which the Supreme Pontiff of Hinduism is the leader as well. KAILASA has been implementing the ancient Hindu policies and indigenous solutions that are in alignment with the time tested Hindu principles because of which KAILASA has been very successful with sustainable development. For example, in KAILASA the basic necessities of livelihood which are food, shelter, clothing, education, medical care are all offered for free to all citizens and including to communities in 150 countries where KAILASA has established de jure spiritual embassies as well as multiple agencies and NGOs. So, now the Supreme Pontiff of HInduism and KAILASA have gone through intense persecution and human rights violation for reviving the indigenous traditions and lifestyle of Hinduism; and He was even banned from preaching and exiled from his birth country. So, my question is, what measures can be implemented at the national and international levels to stop the persecution of the Supreme Pontiff of Hinduism of the 2 billion Hindu diaspora and KAILASA, and allow the time tested principles and solutions and policies of Hinduism to be heard on international platforms which would greatly help with sustainable development and achieving the 17 sustainable goals by 2030. Thank you.” (starting at 02:40:54 https://media.un.org/en/asset/k17/k17v2c8hr2)

¹²²At the 19th Meeting, 73rd Session, of the United Nations Committee on Economic, Social and Cultural Rights (CESCR)

https://www.ohchr.org/en/events/events/2023/day-general-discussion-general-comment-economic-social-and-cultural- rights-and

¹²³ The revival of Hinduism through the civilizational nation of Kailasa globally irked vested interests of atheistic terrorist militant elements, caste supremacist terrorists and other anti-Hindu forces who executed a massive persecution and genocide on SPH and His followers on 2 March 2010 that continued for the next whole decade and comprised of over 70 assassination attempts, over 250 sexual assaults on SPH and his monks and disciples, lawfare of 120 false cases over 10 years, massive online hate speech propaganda in electronic media of over 17,000 hours and print media of over 25,000 articles in 5 years, destruction of heritage properties worth over 27 million USD (https://kailasa.hindunation.org), and the continuing ethnocide and genocide of over 80 million Hindus worldwide since 7 centuries. In November 2019, a massive media disinformation was launched branding SPH as enemy of the State for approaching the United Nations for justice and protection (https://www.republicworld.com/india-news/general-news/exclusive-nithyanandas-petition-to-un-maligns-india.html)

¹²⁴ India, UK, USA, Pakistan, Spain, France, Italy, Romania and Portugal

¹²⁵ Hindi, Bengali, Marathi, Tamil, Telugu, Kannada, Malayalam, French, Spanish, Portuguese, Italian, Romanian and English

¹²⁶ Although India is not specifically mentioned in HE Vijayapriya Nithyananda’s official statement delivered at the session of CESCR, written and video reporting branded SPH, KAILASA and HE Vijayapriya Nithyananda as anti-national, prompting HE Vijayapriya Nithyananda to issue a formal clarifying statement.

Full transcript of the clarifying statement issued by HE Vijayapriya Nithyananda on March 1, 2023: “We would like to issue a clarification regarding my statement at the United Nations that is being misinterpreted, willfully manipulated, and distorted by certain anti-Hindu sections of the media. I would like to clarify that I stated that the Supreme Pontiff of Hinduism (SPH) Bhagavan Nithyananda Paramashivam is persecuted in his birthplace by certain anti-Hindu elements. The United States of KAILASA holds India in high regard and respects India as its Gurupeedam. Our concern is solely directed towards those anti-Hindu elements who are constantly waging war on SPH and KAILASA. We urge the Indian government to take action against these anti-Hindu elements who continue to attack and incite violence against SPH and KAILASA. It is important to note that these actions do not reflect the values or beliefs of the

media to delegitimize SPH and KAILASA’s statehood against above-mentioned international laws.

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vast majority of the Indian population. We request the Indian government to take swift and decisive action against the anti-Hindu elements who persistently incite violence against SPH and KAILASA. It is imperative that the Indian government employs effective measures to put an end to their systematic and strategic activities and safeguard the well-being and security of all concerned. We hope that this clarification statement helps provide a clearer understanding of the United States of KAILASA’s position on the matter.”

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On November 3, 2023, KAILASA established bilateral relations with two municipalities of Paraguay¹²⁷. This move sparked a widespread media backlash across the globe, with reports in multiple languages referring to SPH as “Nithyananda, facing multiple charges in India” and “a fugitive Indian guru’s..”, and labeling KAILASA as a “fictional country.”

The denial of KAILASA's existence as a sovereign nation not only undermines its purpose and necessity but also flagrantly violates the fundamental right of Hindus to self-determination, perpetuating the marginalization and erasure of their cultural and religious identity.¹²⁸.

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https://kailaasa.org/featured/the-united-states-of-kailasa-enters-into-bilateral-relations-with-cities-of-the-republic-of-pa raguay/

¹²⁸ In the UN General Assembly Resolution 1514, on the Declaration On Granting Independence to colonial countries and peoples, the member states of the UN recognized colonized people's "freedom to build their own national states in accordance with the freely expressed will and desire of their peoples" and, "determine their own destiny and form of government." More than 170 countries recognize the right to self-determination through various international instruments and treaties, such as the International Covenant on Civil and Political Rights (ICCPR).

172 countries of the world recognized the right to self-determination through the International Covenant on Civil and Political Rights (ICCPR), which, in its very first article, declares, "1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."

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In recent victories for Hindus, several articles delegitimizing and defaming KAILASA and SPH have been removed, including by Washington Post¹²⁹.

129

https://kailaasa.org/briefings-statements/major-success-130-hindumisic-articles-n-deepfake-videos-already-removed- 20-more-today/

IV. KAILASA’S STATE MECHANISMS FOR MINORITY REPRESENTATION - A COMMITMENT TO EMPOWER MINORITY

RIGHTS

Lessons learned have led to the revival of KAILASA and establishing the Ancient Enlightened Sanatana Hindu Civilization.

KAILASA's policies are mapped to the Manuvathi Dharma Shastra¹³⁰ and include Hindu governance¹³¹, parliament¹³², responsible democracy¹³³ and enlightened blissful living¹³⁴. The fundamental premise of the justice system of KAILASA is the truth of “Paramashivoham” - “I am Paramashiva”¹³⁵.

1. Vasudeva Kutumbhakam¹³⁶ - “The whole world is my family”

¹³⁰ Ancient Hindu law book

¹³¹ Hinduism has a detailed governance system that functions based on responsibilism. Hinduism introduced and practiced responsible democracy and it represents Hinduism’s foundational principles of peace, non-violence (ahimsa) and harmonious coexistence between all beings.

¹³² The most ancient parliamentary system in the world is the Hindu Parliament, revealed in the Treaties of the Nataraja Sabha within the Nataraja Temple in Chidambaram. The system was based on dharma. Dharma is defined by the sage Jaimini, author of the mīmāsa sūtra as follows: codanālakṣaṇo'rtho dharmaḥ (Dharma is a function that propels one to action). These ancient Hindu parliaments functioned based on responsible democracy discussing social, economic and religious problems, framing policies without discriminating between castes or gender, advocating equality and independence for women, enabling ideas emerging out of discussion, reaching communities through discussions, giving importance to disciplined and moral life, and advocating a life of generosity and kindness.

¹³³ The Vedic sages, seers and rishis of Hinduism made the science of responsible democracy available for the entire humanity. Democracy can only be experienced when the individuals holding the position of authority are accountable and held responsible for their actions. Therefore, the foremost duty of those in a position of power was integrity to dharma, which included impartiality and a total absence of bias or attachment. The lack of responsiblism is the direct factor of corruption, money laundering, economical back lag and violence in a nation. Hindu Democracy was one of the significant reasons behind the economic growth of ancient India which emulated the Hindu economic principles and produced over 40% of the world’s GDP.

¹³⁴ In The SPH’s own words in His Presidential address on 26 December 2020, “I wanted all of you to know Hinduism is neither capitalism nor communism or socialism. It is Dharmicism. It is centered on responsibility. I should say “responsibilism”. Hinduism is Dharmicism. We are responsible. We are responsible. We are responsible for what has been given to us by our Rishis - this value based, superconsciousness based lifestyle and civilization.”

¹³⁵ Whether we realize it or not, experience it or not, everyone of us is the Ultimate Paramashiva (the Primordial Hindu Divinity). Any perception or belief or cognition that is otherwise is pure delusion. So, the justice system of KAILASA does not evaluate or judge a person, or classify him or her as a saint or sinner, as these classifications themselves are redundant in the face of the truth of Paramashivoham. Hence the justice system is not based on punishment, the social concepts of right and wrong, neither confession nor atonement. It is based on pure dharma (righteousness) and cosmic laws as revealed by Paramashiva and the understanding of Prayaschitta which is based on realization, completion and realignment to the Ultimate. Paramashiva’s justice system does not judge a being as innocent or guilty. It only reminds a person about his or her fundamental purpose of life to realize that he or she is Paramashiva already. Any miss- or non-alignment to this truth is realigned with Prayaschitta which is a reminder rather than punishment and hence does not engender the biggest delusion of modern society, which is fear.

¹³⁶ Vasudeva Kutumbhakam (‘वसुधैव कु टु बकम’) – ‘Entire world is my family’ (अयं ब धुरयंनेfत गणना लघुfचेसाम।्

उदारचर रानां ि◌ुवसुधैव कु टु बकम॥ Maha Upanishad Ch. 6, verse 71-73. Translation of the Maha Upanishad Chapter 6

verses 71-73, “Only the denigrated small-minded with a very pathetic outlook of life discriminate between kin and a stranger; while for the magnanimous, the entire world is a family.”).

2. Advaita (Oneness)¹³⁷ ¹³⁸

3. Brahmanyam Bahuputratam - Hinduism introduces you to you as the favorite inheritor of the Cosmos.

4. Ahimsa (Non-violence)¹³⁹ - The principle upon which the Constitution of KAILASA is based and formed on¹⁴⁰.

5. First Amendment of the Constitution of KAILASA states: Every citizen has the right to cognize himself / herself as Paramashiva¹⁴¹.

6. All beings are Divine - KAILASA’s founding principle¹⁴²

7. Gender equality - Hinduism recognizes 11 genders and respects same sex marriage¹⁴³.

Vedic Feminism^(®) ¹⁴⁴

¹³⁷ ओं पणमदः पfणमदं पणात ् पणमुदते | पण पणमादाय पणमेवाfवशते || || ओं हा हा साः || oṁ pūrṇ amadaḥ pūrṇ amidaṁ pūrṇ āt

pūrṇ amudacyate | pūrṇ asya pūrṇ amādāya pūrṇ amevāvaśiṣ yate || ||oṁshāntishāntisāntiḥ || - Isavasya Upanishad “Aum. This is Whole (Purna), that is Whole (Purna). If this is removed from that, both remain, continue as Whole. When the Whole merges into Whole, Whole alone remains. If the Whole is removed or perceived to be removed from Whole, again Whole alone remains as Whole. Let there be peace in my inner space, peace in the outer space, peace in the Cosmos” .

¹³⁸ 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.

139 अह ि◌ंसा परमॊ धममस तथाह ि◌ंसा परॊ दमः ।अह ि◌ंसा परfमदानम अह ि◌ंसा परमस तपः ।अह ि◌ंसा परमॊ य स तथाह मा प रं

बलम।अह ि◌ंसा परfमं हम म अह ि◌ंसा परfमं सुखम।अह ि◌ंसा परfमं स यम अह ि◌ंसा परfमशVतम॥ Mahabharata 13.117.37–38

¹⁴⁰ “Ahimsa is the highest Dharma (cosmic law), Ahimsa is the highest self-control, Ahimsa is the greatest gift, Ahimsa is the best practice, Ahimsa is the highest sacrifice, Ahimsa is the finest strength, Ahimsa is the greatest friend, Ahimsa is the greatest happiness, Ahimsa is the highest truth, and Ahimsa is the greatest teaching”.

¹⁴¹ Every one must be treated as Paramashiva and treat others as Paramashiva.

¹⁴² KAILASA’s founding principle is the idea that all beings can live in peace and harmony, and that all human beings are equal and Divine, and can reach their highest potential irrespective of their color, nationality, religion, gender or race.

¹⁴³ Gender fluidity and non-binary gender theories have always been seen as an everyday fact by native traditions worldwide.

¹⁴⁴ 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.

10 essential provisions for human well-being is provided free by KAILASA¹⁴⁵

To protect minority rights, it is imperative that these policies and measures are implemented and upheld in KAILASA and emulated by other countries.

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¹⁴⁵ https://www.facebook.com/share/6qYy9ZwZW1vimzno/?mibextid=WC7FNe