Violence Against Women and Girls in Sport

Violence Against Women and Girls in Sport

Submitted by KAILASH UNION

The sportswomen of KAILASA have been greatly impacted due to the ongoing egregious Hindu holocaust, hindering their abilities to train, compete, and excel in sports. The United States of KAILASA[1], the First Sovereign State of Hindus established by The Supreme Pontiff of Hinduism (SPH) Bhagavan Nithyananda Paramashivam, upholds a commitment to combat these injustices.

This report examines the multifaceted violence experienced by Hindu women and girls, and analyzes the systemic causes.

Through insights into KAILASA’s policies and humanitarian efforts, a comprehensive understanding of preventive and responsive measures is provided.

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The ingrained patriarchal norms and gender stereotypes in sports often perpetuate the belief that sports are predominantly masculine activities. Contrastingly, women in the ancient Hindu nations were leaders, warriors, scholars, decision-makers and military strategists, and were revered as Goddesses.

However, the Hindu Holocaust and the loss of sovereign land due to climate change, colonization, decolonization and illegal annexations has significantly impacted women's status in contemporary times.

HINDU HOLOCAUST

The Hindu civilization has for the last 2000 years gone through a massive Holocaust[2] resulting in the massacre of more than 500 million Hindus and the loss of 56 Hindu nations covering 6 million km² of land.

Hindu women and girls have been subjected to grievous crimes including, but not limited to mass murder, multiple perpetrator rapes, forced indoctrination, artificial famines, child abuse, identity distortion and DNA theft[3]. The Hindu Holocaust was a complete cultural genocide of female monastic orders such as the Rudrakanyas.

[4] [5] [6] [7] [8] [9] [10]

Rudrakanyas were sacred powerful women who dedicated their whole life for research and analysis of every field.[11]

Social, political and economical anti-Hindu powers attacked the Rudrakanya sampradaya and destroyed their confidence and livelihood, ultimately eliminating the whole Rudrakanya Sampradaya[12] [13] [14].

Over time through hate literature, the Hindu nuns (Rudrakanyas ) were stigmatized as prostitutes during the colonial era.

The colonial rule in India dis-enfranchised women from their property rights (Stridhan) and inheritance rights[15]. As per Hindu law, snatching women’s wealth, especially exclusive wealth (Stridhan) was considered a great crime[16]. Gender equality was guaranteed per Hindu law, especially in matters of inheritance, succession, and property rights[17]. It was not uncommon for kings to choose their female off-springs as successors[18] [19].

THE REVIVAL OF THE HINDU MATRILINEAL SOCIETY THROUGH THE REVIVAL OF KAILASA BY SPH

Parashakti[20], highlights the importance of the feminine in Hinduism[21] [22] and the role women play in maintaining the balance of the universe. As the source of sound and energy in the universe, Parashakti embodies ultimate power[23].

SPH explains: “Women by their very DNA, have the capacity and groundedness to hold an ecosystem or a family or a team or a community together...So Hinduism creates an ecosystem for every woman to manifest that possibility, that power.”[24]

A core indigenous cultural aspect of Hinduism, being revived by SPH is mother worship and the matrilineal society that used to exist in ancient Hindu nations[25] [26].

THE JURIDICAL STATEHOOD OF KAILASA

KAILASA is a sovereign subject of international law-possessing distinctive attributes, derived from SPH’s inheritance of the unbroken succession and the revival of three ancient Sanātana Hindu sovereign states: Surya Vamsa Surangi Samrajya Sarvajnapeetha, Suvarnapeetha Swargapura Samrajya Sarvajnapeetha, and the Shyamala Peetha Sarvajnapeetha. In addition, Kanchi KAILASA Sarvajnapeetha and seventeen sovereign Sanatana Hindu ecclesiastical historical institutions receive customary recognition by the UN as per the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations.

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At the time of the British withdrawal from India in 1947, 565 independent Hindu sovereign princely states were officially recognized in the Indian subcontinent.[27] The Surangi Kingdom was amongst them.[28] Even though the "Instrument of Accession" did not remove the kingdom's sovereignty[29], after their land was ceded, their sovereignty was forcibly stripped. Further, the Hindu Kings of these states were corrupted by the assurance of a personal "Privy purse"[30] [31], which was later unilaterally abolished[32], 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.[33]

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[34] [35] [36] [37] [38] [39] [40]

Doctrine of Continuity - International law recognizes a state's legal personality by recognizing its identity. This perspective extends to periods of annexation or occupation, where the legal personality of a state is considered to persist, enabling its subsequent re-establishment.[41] By the doctrine of continuity[42] 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.[43] [44] 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[45] [46] [47] [48] - 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 - The concept of Divine Sovereignty is universally recognized[49] and the concept of temple Deities owning property is a well-established legal principle.[50] Just as in the case of Hindu Temples where the Deity is the owner of the temple and attached properties, the Presiding Deity of the Hindu Kingdom is the Sovereign of the Kingdom. The King of a Hindu nation was a mere regent of the Lord[51], similarly to how the executive officers of the temples are mere servants[52] of the presiding Deity. Additionally, non-Hindu individuals cannot be trustees, executive officers, or personnel in the Hindu temples[53], 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 unlawful[54] [55].

The United States of KAILASA within its historical cultural, religious legal framework has and shall remain in perpetuity in the future, notwithstanding the impacts of climate change during the time of Kumari Kandam[56], 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.

RESPONSIBILITIES OF STATE, POLICIES AND LEGISLATION

Women and girls from marginalized communities, including those of racial minorities, different sexual orientations, and those with disabilities, are particularly vulnerable to violence in sports. State actors are tasked with upholding laws that protect against violence, implementing policies that ensure safety and equality, and facilitating justice for victims.

The national deities of KAILASA are Paramashiva and Parashakti. Parashakti, the Divine Feminine Consciousness and the consort of Paramashiva, is seated on Paramashiva's lap - the Primordial Hindu Divinity. The installation of Paramashiva and Parashakti as KAILASA's national deity was performed by SPH with the intention of promoting equal treatment of women and to prevent them from being subjected to violence or fear. KAILASA considers misogyny and objectification of women to be a national crime.

KAILASA's policies, such as its zero-tolerance policy against sexual harassment and exploitation[57], mapped to the Manuvathi Dharma Shastra[58] are creating the safest workplace and ecosystem for women, allowing women to naturally develop into leaders. As a result, women hold 80% of leadership positions in KAILASA. While KAILASA's policy stipulates that 33% of legislative positions should be held by women, currently, women make up 90% of the governance in KAILASA.

In KAILASA, the mental, physiological and physical health of women are considered to be of the utmost importance, taking precedence over all other national budgets. Till date over 10 billion US dollars have been invested in women’s health. As part of KAILASA's national policy, which is determined by SPH, women are granted time off during their monthly cycle to allow their bodies to readjust and prepare for potential procreation based on their physiological and hormonal needs. Additionally, KAILASA provides free medical care using various approaches, including allopathy, naturopathy, ayurveda, and siddha medicine, as well as spiritual and psychological support and counseling to all women. This support and care are intended to help women live without fear, guilt, or shame and to embody the qualities of Parashakti.

KAILASA's position on gender and LGBTQ+ rights is grounded in Hindu philosophy, which accepts a broad array of gender identities beyond conventional binary categories. Ancient Hindu scriptures mention various genders, including non-binary ones. Consistent with these teachings, KAILASA acknowledges 11 genders, advocating for a diverse and inclusive perspective on gender identity.

KAILASA has effectively contributed to addressing these issues by launching initiatives tailored specifically for women[59] that support the empowerment and enlightenment of women in all fields, including sports, through advocacy, education, and direct support.

ONGOING PERSECUTION OF SPH AND KAILASA

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 almost two decades, massive online hate speech propaganda in electronic media of over 17,000 hours and print media of over 25,000 articles in 5 years, and destruction of heritage properties worth over 27 million USD[60].

The Hindumisic media ran hours[61] of hateful programs addressing KAILASA’s nuns, women, and girls as “brainwashed”, “sodomized disciples”[62], “witches”[63], “prostitutes”[64], “cult worshippers”, (child) “sex slaves”[65], and also published violence-inciting, prejudicial narratives such as “Hang the Sin Swamis”[66] [67], resulting in the rape[68] [69] of several nuns.

In 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.[70] In stark contrast, India’s MEA, stated recently that Prajwal Revanna's diplomatic passport cannot be revoked unless there is a court order.[71] 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[72].

LESSONS LEARNED AND RECOMMENDATIONS

- There should be greater international cooperation to standardize practices and norms to safeguard women and girls in sports globally. KAILASA partners with states, NGO’s, INGO’s and IGO’s such as the World Fund for Development and Planning (WFDP), the International Parliament for Safety and Peace (IPSP), and the Youth Education and Leadership Initiative (YELI), in this endeavor.

- KAILASA’s approach to empowerment through education, and revival of the ancient matrilineal society, laws, and policies, can serve as a model to ensure the well-being of female athletes.

[1] 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.

[2] https://gov.shrikailasa.org/persecution

[3] Terrorist invaders kept Hindu women as sex slaves in order to secure the best DNA for future generations. To prevent this, Hindu women were forced to self-immolate, sometimes en masse, by throwing themselves into fire pits – a practice known as Jauhar. From 336 BCE to 1634 CE, twelve instances of Jauhar occurred impacting the Agalassoi Hindu tribe, the women of Dahir, Rajput, Ranthambore, Kampili kingdom, Chanderi, Chittorgarh, Raisen and Bundelkhand (https://gov.shrikailasa.org/persecution/, https://nithyanandapedia.org/wiki/January_02_2019)

[4] 25 Nov 2019, the police arrested two female monks – Ma Nithya Pranapriyananda and Ma Nithya Priyatattvananda from the monastery on false charges of kidnap, of their sister-disciple Ma Nithyananditha. The State arrested them on these false charges without even a warrant grossly undermining their human rights and due process rights. One of the nuns Ma Nithya Pranapriyananda was undergoing catamenial fever. Both the nuns had been interrogated for more than 48 hours without break by the state authorities that had completely exhausted them. The nuns had pleaded for rest for some time but were inhumanely and cruelly treated by excessive use of force by the state police. The police even forcibly entered their room violating their rights to privacy as a person and toppled their bed violating their dignity as women and their chastity as female monks, and dragged them into the police van given that they were weak to walk by themselves. They were kept imprisoned for almost 3 months and until 7 February 2020 (75 days). For these three months of imprisonment, the state police officers several times a day dehumanized the female monks making extremely vulgar, derogatory, and threatening statements such as asking to dance naked which they wished to record live for YouTube. The cruel, inhumane, and denigrating treatment done to the female monks was normalized by publicly ridiculing them on nonsensical allegations such as knowing English better than the local dialect. Upon bail, the court restrained them from leaving the city, while all hotels of the city refused accommodation to them citing fears of police reprisal. These circumstances forced the nuns to live on the streets during the COVID-19 pandemic and lockdown. The false case is still not closed. https://timesofindia.indiatimes.com/city/ahmedabad/yoginis-speak-only-english-cops-clueless/articleshow/72214370.cms

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

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

[7] At 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

[8] India, UK, USA, Pakistan, Spain, France, Italy, Romania and Portugal

[9] Hindi, Bengali, Marathi, Tamil, Telugu, Kannada, Malayalam, French, Spanish, Portuguese, Italian, Romanian and English

[10] 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.

[11] They were among the elite of the matrilineal lineages. Rudrakanyas were administrators, masters of the 64 sacred arts, preservers of ancient Vedic culture, teachers of all great sciences, doctors, nurses, healers and great power manifestors. They rescued societies in times of crisis and calamities. They dedicated their lives to the divine. Hence, Rudrakanyas stood as the backbone of the society.

[12] https://nithyanandapedia.org/wiki/September_18_2018

[13] (i) Crooke, W., Encyclopaedia of Religion and Ethics, Vol. X, Eds., James Hastings & Clark Edinburg, 2nd Impression, 1930. (ii) Iyer, L.A.K, Devadasis in South India: Their Traditional Origin And Development, Man in India, Vol.7, No. 47, 1927. (iii)V.Jayaram. "Hinduism and prostitution". Hinduwebsite.com. (iv) "Donors, Devotees, and Daughters of God: Temple Women in Medieval Tamilnadu - Reviews in History". History.ac.uk.

[14] (1) Cantonment Act of 1864, (2) Cantonment Act of 1895, (3) Contagious Disease Act 1868.

[15] Women in ancient Hindu nations had protected property rights. Women had a common share of their family’s wealth and an exclusive share of the wealth of senior female members of the family which males were not allowed to inherit. This exclusive women’s wealth was called “Stridhan”. Even today this is a major cause of persecution of women in the Indian subcontinent. Particularly, the Hindu nuns, the Rudrakanyas had exclusive property rights on certain properties of the temple which were snatched during the colonial era.

[16] Manu’s Hindu Law 3.52 “Those relatives who rob away or thrive on wealth, property, vehicles or dresses of a woman other family are committers of Paap (sin).”

[17] Manu’s Hindu Law Section XXVII Article 9.130, “A daughter is equivalent to a son. In her presence, there is no question of any one snatching away her right over the property.”

[18] Hindu Law Article 9.127 “He who has no son may make his daughter in the following manner an appointed daughter (putrika), ‘The (male) child, born of her, shall perform my funeral rites.’

[19] Queens (The most famous example of such a queen is the incarnation of Devi Parashakti (primordial Hindu Goddess) Herself Meenakshi Amman, who ruled around 11,275 BCE. Likewise, several Hindu queens lead Hindu empires, to name a few – Queen Durgawati of Gondwana, Queen Ahilyabai Holkar, Queen Avanti Bai, Queen Velu Nachiyar, Queen Kittur Chenamma.) had their own women led armies (Yajurveda 16.44, “There should me a women army. Let the women be encouraged to participate in war.”). Traditionally as seen in case of Hindu incarnation Queen Devi Meenakshi, women exercised their right over the throne as per Hindu law by assuming the role of the “Pautrika” - a situation when the female offspring assumes the role as the political heir on a Hindu empire in absence of a suitable male heir. However during the colonial era, Hindu Queen of Jhansi Rani Laxmi was not allowed to exercise her rights over the throne, nor any female offspring was to be allowed to do so. After the death of her husband she was not allowed to continue to remain as queen according to the Colonial law, as she didn't give birth to a male-child. These examples clearly demonstrate that the colonial civil and criminal laws were meant for oppression and subjugation of women and not for empowering them.

[20] According to Hindu tradition, Devi Parashakti or the supreme feminine power, appearing as Devi Bhuvaneshwari, is referred to as "Bhuvanai," meaning the "Goddess of the Entire Universe." Her Brahmanda Yoni, or Cosmic Womb, is the origin for all beings and where all beings merge back.

[21] The concept of Shakti, or divine feminine energy, is central to Hindu beliefs and recognizes the power and strength of women. In Hinduism, women are seen as essential and integral to the balance and stability of the universe.

[22] यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवताः। यत्रैतास्तु न पूज्यन्ते सर्वास्तत्राफलाः क्रियाः॥३.५६॥ - Manuvadhi Dharma Shastra Ch. 3, verse 56

"Where women are worshiped, there the Gods rejoice (leading to the welfare of humanity); on the other hand, where they are not honored, all rites (efforts of public welfare) are futile.”

[23] https://nithyanandapedia.org/wiki/Bhuvana_Brahmanda_Yoni

[24] Presidential Address on November 7, 2021 - https://nithyanandapedia.org/wiki/November_07_2021

[25] The worship of the Divine Feminine is an integral part of Hinduism and is considered to be one of the oldest and most revered forms of spiritual practice. Hinduism recognizes the power and importance of the feminine in the universe, and Devi worship is a way of honoring and connecting with that divine power. It is also important to note that Devi worship is not limited to women, but is open to all genders and provides a way for individuals of all genders to connect with and embody the divine feminine. This inclusive approach to spirituality helps to create a more equitable and harmonious world for all.

[26] https://nithyanandapedia.org/wiki/April_27_2021

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

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

[29] 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

[30] https://en.wikipedia.org/wiki/Privy_Purse_in_India

[31] 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.

[32] The Vienna Convention on the Law of Treaties (VCLT) 1969 clearly states as grounds for invalidity of a treaty to include: Restrictions on authority to express the consent of a State (article 49 VCLT); Corruption of a representative of a State (article 50 VCLT); Coercion of a State by the threat or use of force.

https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf

[33] Article 2(4) of the Charter of the United Nations https://www.un.org/en/about-us/un-charter/full-text ; The International Law Commission (ILC) https://legal.un.org/ilc/guide/1_14.shtml ; Article 8 of the Rome Statute of the International Criminal Court (ICC) https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf ; The Hague Regulations and Geneva Conventions (i) https://www.wipo.int/export/sites/www/hague/en/docs/hague_system_regulations.pdf, https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/hague-convention-text.html

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

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

[36] https://en.wikipedia.org/wiki/Instrument_of_Accession

[37] 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.

[38] https://en.wikipedia.org/wiki/Government_of_India_Act_1935

[39] 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.

[40] https://en.wikipedia.org/wiki/The_Emergency_(India)

[41] 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.

[42] 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.

[43] 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.

[44] 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.

[45] 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.

[46] 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.

[47] 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

[48] 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

[49] 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.

[50] 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.

[51] 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.”

[52] 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.

[53] 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%20and%20updated.pdf).

[54] 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.

[55] 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.

[56] 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.

[57] https://kailasa.hindunation.org/0:/for%20UN%20report/Protection%20from%20Sexual%20Harassment%20policy%20of%20KAILASA.pdf

[58] The Hindu constitution, the world’s oldest constitution dating back to more than 10,000 years

[59] Women’s programs include: 1) KAILĀSA’s en-Pregnancy Care for Maternal and Family Health including guided maternal and family health program, coupling indigenous spiritual traditions and modern healthcare practices, producing the best environment for the newborn child. 2) KAILASA’s Nithyananda Lakshmi, a micro financing service to indigenous communities to empower rural women in various dimensions in life reforming the market and institutional failures that lock women to highly vulnerable forms of employment and empower them with self-employment with equal opportunities through Hindu economic principles. 3) KAILASA’s Women Foundation and Women Empowerment Self-help Centers launched in 108 places around the world since 2009. These centers work towards gaining economic independence providing collective finance, enterprise and/or livelihood components including savings and loans, group credit, collective income-generation and micro-insurance, life skills training, business training, meditation learning programs for women prisoners, financial education and support for organizing themselves into labor and trade groups. 4) KAILASA’s Ankita program provides foundational literacy about working of basic community service and infrastructure establishments. 5) KAILASA’s Ashraya program provides vocational training programs to rural and indigenous women to provide equal opportunities and access to independent self-sufficient financial environments to them. 6) Empowering the indigenous women by teaching them to perform Hindu rituals, temple administration and temple sciences.

[60] https://github.com/kailaasa/docs-for-media

[61] https://docs.google.com/spreadsheets/d/1Opin5NMenD_f2WYQZ_M74dL96tN3PpU0uC2QuNTFba4/edit

[62] https://www.newindianexpress.com/states/karnataka/2010/dec/10/nithyananda-sodomised-his-disciples-209732.html

[63] Worship of divine feminine consciousness during Chandi Homa maligned as witchcraft https://www.youtube.com/watch?v=M6T8GwNo8SM

[64] “‘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

[65] (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

[66] 5 March 2010 - Headlines Today - 8:20 PM – Hang the Sin Swamis (Hindu monks) docs.google.com/document/d/1f7CEsZDNw5Tl8wJX3fckhmEGqOyESHgy7GgXJiai8vo

[67] 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.

[68] 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-105299-2012-06-11

[69] 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

[70] 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

[71] https://timesofindia.indiatimes.com/india/obscene-videos-case-cannot-take-back-prajwal-revannas-diplomatic-passport-unless-there-is-court-order-says-mea/articleshow/109786323.cms

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