RIGHT OF INDIGENOUS WOMEN

A REPORT BY THE ADI SHAIVITE MINORITY TRADITION (ASMT) HINDU COMMUNITY

JUNE 2021
 Introduction
1. The human rights situation for women and children in India 1 is abysmal2. Despite tremendous
public outcry3 against crimes against women and children such as rape, sexual violence, gender-
based harassment, and female infanticide happen unabated in India. The State of the Republic
of India has been either unwilling or unable to curtail these crimes. India is the most dangerous
country for sexual violence against women, according to the Thomson Reuters Foundation 2018
survey.4 According to the National Crimes Records Bureau, the rape of minor girls increased by
82% in the year 2016 compared with the previous year. 5 Sexual violence and brutal rape have
been weaponized against minority women and children by extremist militant elements at the
highest levels of governance. This weaponization of sexual violence targeting women and
children is part of a more pervasive and systematic campaign targeting certain indigenous
spiritual traditions, minority communities, and their leaders, 6 especially those from linguistic and
religious minority groups, and of dark-skinned people of indigenous spiritual traditions, and of
ethnic native-Hindu tribes that have existed in India for millennia. 7 One such indigenous spiritual
tradition currently targeted for extermination by the Neo-Hindutva 8 extremist militants is the
Hindu Adi Shaiva Minority Tradition (“ASMT”) 9 in India. The women, children, and young girls of
the ASMT community were the most vulnerable target of the Neo-Hindutva extremism.

2. The ASMT explicitly rejects extremism of all types. The extremist militant elements are opposed 10
to ASMT’s stance when it comes to the rights of women 11, including otherwise marginalized Dalit
women, and the rights of members of the LGBTQ+ and transgendered communities 12. The neo-
Hindutva terrorists despise Hindu women in monastic and priestly roles 13. The spiritual head of
ASMT has publicly declared himself to be transcendental gender 14 and possessing multiple
gender components. The neo-Hindutva extremists see LGBTQ+ rights as immoral. 15 The ASMT
freely ordains women into Sannyasa (the monastic order), recognizes 11 genders, and performs
specific temple rituals for gay marriage, as per more than 5000-year-old indigenous spiritual
1
https://www.cnn.com/2018/06/25/health/india-dangerous-country-women-survey-intl/index.html
2
https://www.hrw.org/news/2018/01/18/india-unchecked-attacks-religious-minorities
3
www.ndtv.com/cities/2-cops-in-uttar-pradeshs-gorakhpur-suspended-for-alleged-inaction-in-gang-rape-case-2383376
https://theprint.in/opinion/the-kathua-rape-case-has-brought-up-disturbing-memories-of-jammus-history/53039/
4
http://poll2018.trust.org/
5
http://ncrb.gov.in/
6
https://www.theguardian.com/commentisfree/2015/nov/12/india-hindu-taliban-narendra-modi
7
https://www.amnesty.org/en/countries/asia-and-the-pacific/india/report-india/
8
https://southasia.ucla.edu/social-life/various-articles/hinduism-versus-hindutva/
9
ASMT (Adi Shaiva Minority Tradition) is the sect of Hinduism which worships Lord Paramashiva, as per the Hindu
Vedagamas scripture - Kāmikāgama – that mentions that Ādiśaivites are born in the family of sages who were initiated
directly by Śiva (Paramashiva) immediately after the creation of the world. www.wisdomlib.org/definition/adishaiva
10
“Being gay is against Hindutva, it needs a cure,” BJP MP Subramanian Swamy (10 June 2018) ; Homosexuality not a
crime, but against nature: RSS - militant wing of neo-Hindutva extremists (SEPTEMBER 06, 2018)
11
https://www.nithyananda.org/photo-gallery/nithyananda-diary-30th-november-2018-nithyananda-peetham-
bengaluru-aadheenam-uttamotam pictures from daily rituals of ASMT temples showing ASMT nuns performing temple
rituals which are ordained for all genders as per Hindu scriptures but prohibited for women by the Hindutva extremists
12
https://timesofindia.indiatimes.com/city/madurai/transgenders-extend-support-to-
nithyananda/articleshow/13159083.cms
13
https://www.newsclick.in/Hindutva-War-Women-gendered-face-saffron-fascism
14
(i) https://www.youtube.com/watch?v=PwSYdVulzq0 ; (ii) Saakshi, 30 April 2010, Page : 11, Title : I am not a man ; (iii)
Times of India, 30 April 2010, I’m not a man
15
(i) “Being gay is against Hindutva, it needs a cure,” BJP MP Subramanian Swamy (10 June 2018) (ii) “Homosexuality not a
crime, but against nature” : RSS - militant wing of neo-Hindutva extremists (SEPTEMBER 06, 2018)
 scriptures. The ASMT represents one of the most progressive ideologies and is a target of
persecution by the neo-Hindutva extremists.

3. ASMT tradition is ancient. Around 3200BCE 16, the Mahabharata war ended in the Indian sub-
continent. At that time, at least 56 17 nations in Asia gave shelter to more than 10,00018 Hindu
communities and protected the rights of women. These 56 nations spanned from Gandhara 19 (in
Afghanistan) to Kadaram20 (Kedah in Malaysia). The town of Parshu 21 in present-day Iran finds
mention in ancient Hindu scriptures22 as a Hindu city today has no Hindu men or women. The
four thousand23 indigenous people of Kalash24 (Chitral Valley, Pakistan), the only survivors of the
ancient ASMT tradition in the region though separated over a distance of 10000 KMs, are no
different from indigenous Adi Shaivas25 of Kashmir (North India), or indigenous Adi Shaivas 26 of
Tamil Nadu (South India), or the Adi Shaivas 27 of Bali (Indonesia). Although Hinduism is alive as a
culture, its political and religious legitimacy was wiped from the geography of Asia, as these
nations got invaded and colonized. These invasions caused a genocide, where per estimates 80
million to 400 million people were killed through massacre, mass gang rapes, and torture. 28
Thousands of temples, universities, and libraries were destroyed. The ten thousand 29 Hindu
communities which existed by 3200BCE were reduced to three thousand 30.

4. In Hinduism, the highest reverence is attributed to the Guru (the spiritual guide in the body, or,
in principle in the form of teachings as scripture, or a worshipped Deity). Hindu scriptures
declared, “Indeed, the Guru is the whole universe….There is nothing higher than the Guru. Therefore,
worship the Guru.”31 In Hindu families, the mother is worshipped as the first Guru of the child. In
Hinduism, all women are not merely respected as equal to men, rather worshipped as a
manifestation of Devi Parashakti (supreme primordial cosmic divinity). In Hinduism, young girls

16
(i) Ved Veer Arya, “THE CHRONOLOGY OF INDIA: From Manu to Mahabharata”, Aryabhata Publications, ISBN 8194321301
(ii) Nilesh Oak estimates the period as 5561BCE, “When Did The Mahabharata War Happen?: The Mystery of Arundhati”, ISBN
0983034400
17
(i) Saktisangama Tantra, Chapter- Sundari Khandha, Saptam Patala, Verses 16-73, refer Saktisangama Tantra Vol III
https://archive.org/details/SaktisangamaTantraVolIIIGaekwadOrientalSeries/page/n83/mode/2up (ii) List of 56 nations
https://docs.google.com/document/d/1H7OJADdrFjrdl8nR5KMuc7sJkG6zXOob0K6X5wbmBno/view
18
ASMT Veda Agama Scripture - PARAMANANDA-TANTRA, Chapter 2, verses 7-10
19
Badian, Ernst (1987), "Alexander at Peucelaotis", The Classical Quarterly, 37 (1): 117 - 128,
doi:10.1017/S0009838800031712, JSTOR 639350
20
Tamil: கடாரம்; kadāram
21
Parshu, Rahimabad Rural District, Rahimabad District, Rudsar County, Gilan Province, Iran
22
(i) Rigveda VII. 83, 1 , (ii) Pāṇini, V, 3, 117.
23
2013 Census Report of CIADP/AVDP/KPDN. (2013). Local Census Organization, Statistics Division
24
Jamil, Kashif (19 August 2019). "Uchal - a festival of shepherds and farmers of the Kalash tribe". Daily Times. “Some of
their deities who are worshiped in Kalash tribe are similar to the Hindu god and goddess like Mahadev in Hinduism is called
Mahandeo in Kalash tribe.”
25
Flood, Gavin. 1996. An Introduction to Hinduism. P.164-167
26
Flood, Gavin. D. 2006. The Tantric Body. P.122
27
Helen M. Creese (2016). Bali in the Early Nineteenth Century: The Ethnographic Accounts of Pierre Dubois. BRILL
Academic. pp. 226 - 227. ISBN 978-90-04-31583-9.
28
https://gov.shrikailasa.org/persecution
29
ASMT Veda Agama Scripture - PARAMANANDA-TANTRA, Chapter 2, verses 7-10
30
3,000 communities and 25,000 sub-communities (i) https://economictimes.indiatimes.com/news/politics-and-
nation/young-angry-and-untouchable-indias-low-caste-threat-to-modi/articleshow/67589578.cms , (ii)
https://edition.cnn.com/2001/WORLD/asiapcf/south/08/17/india.caste/
31
् ु रुम्॥८०॥ Verse 80, Guru Gita, Skandapurana
गु रुरे व जगत्सर्वं ब्रह्मविष्णु शिवात्मकम्। गु रोः परतरं नास्ति तस्मात्सम्पूजये दग
 are worshipped from infancy as an incarnation of Divine mother Goddess as worship of it is
considered to bring fortune and well-being.32

(Oct 2018) As part of the festival of Navaratri, a young ASMT girl receiving Kumari Puja, a ritual where
Devi Parashakti (primordial Hindu divinity and supreme God) is invoked in women and small girls, and
puja (worship) is offered to them.
5. In ancient Hindu nations, some young girls, who cognized themselves as a manifestation of
Divine Mother, chose to never marry any human and dedicated 33 themselves to the
administration of Hindu temples and worship of the Deity (or God) of the temple. There were
many such monastic traditions, such as Rudrakanyas (Daughters of Lord Rudra) and Devadasis.
Colonial views on Devadasi were highly subversive, leading to their socio-economic deprivation
and exploitation34. The colonial-era government of India ran State-sponsored brothels through
several legislations.35 This practice was severely criticized by citizens of England and other
European countries.36 British Government also established institutions known as Lock Hospitals
where women were brought to be treated for venereal diseases. However, many of the women

32
एवं यः पूजये द्देवि प्रतिवर्ष यतव्रतः ।षण्मास वा त्रिमास वा मासे मासे ऽथवा प्रिये ॥ ३७ ।।तिस्रो वा पश्चषा सप्त पूजये देवताधिया ।
सर्वैश्वयसमृ द्धात्मा स भवदावयोः प्रियः ॥ ३८ ॥ O My Beloved ! One who either every year or every six months, or every three
months or every month worships three, five or seven young ladies or girls treating them as Devatās, obtains all
splendours and also becomes a favourite of both of Us. Kularnava tantra, 10 th Ullasa, Verse 37-38,
https://archive.org/details/Kularnava/mode/2up
33
https://unframed.lacma.org/2013/05/15/devadasi-the-eternal-dancer
34
(i) Crooke, W., Encyclopaedia of Religion and Ethics, Vol. X, Eds., James Hastings & Clark Edinburg, 2 nd 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.
35
(1) Cantonment Act of 1864, (2) Cantonment Act of 1895, (3) Contagious Disease Act 1868.
36
Hamilton, Margaret. “Opposition to the Contagious Diseases Acts, 1864-1886.” Albion: A Quarterly Journal Concerned
with British Studies, vol. 10, no. 1, 1978, pp. 14–27. JSTOR, www.jstor.org/stable/4048453. Accessed 18 June 2021.
 admitted to these hospitals, including many Devadasi, were identified through the registry and
were brought to the hospitals against their will. A number of these women were never seen
again by their families.37 Over time through hate literature, the Hindu nuns (Rudrakanyas and
Devadasis) were stigmatized as prostitutes during the colonial era. After independence, the State
of Tamil Nadu passed legislation criminalizing the tradition. 38 This bill, stereotyped and
marginalized the Devadasis by addressing them as prostitutes. The will was opposed by
Devadasis but enacted and made into a law.39 This reinforced the colonial stigma around the
tradition undermining the human rights of Hindu nuns.

Challenges face by ASMT women

(a) Shaming of child rape victims by media
6. In 2009, a twelve-year-old ASMT girl was kidnapped and molested by a Neo-Hindutva extremist.
The US courts sentenced the child rapist to 57 months imprisonment 40. This did not remedy the
damage. The child rapist filed several vexatious litigations in India and the US. In the US, these
false allegations by the child rapist, such as calling the child a “liar”, and her parents and
community part of a “brainwashing”, “cult” etc., were all rejected by the court 41 with a penalty for
defamation with cost.42 This did not deter the neo-Hindutva media from victimizing the child with
hours of hate speech on television, for which one Samaya TV was penalized USD 5 Million by a
US court.43 Even this has failed to redress the situation.

(b) Shaming and sexual objectification of women and girls by media

7. In India, the Neo-Hindutva media ran 14,000 hours 44 of hateful programs marginalizing ASMT
actress Ranjitha, ASMT nuns, ASMT women, and girls who had been raped by neo-Hindutva
militants. The neo-Hindutva media publicly addressed them as “brainwashed”, “sodomized
disciples”45, “witches”46, “prostitutes”47, “cult worshippers”, (child) “sex slaves”48, and also
published violence-inciting prejudicial narratives such as “Hang the Sin Swamis (Hindu monks and

37
Soneji, Davesh (2012). Unfinished Gestures: Devadasis, Memory and Modernity in South India. Chicago: University of
Chicago Press. pp. 112. ISBN 978-0-226-76809-0.
38
(i) 1947 Madras Devadasis (Prevention of Dedication) Act (ii) 1956 Madras Anti-Devadasi Act
39
Moovalur A. Ramamrithammal (2003). K. Srilata (ed.). Lobbying for Devadasi Abolition: From Artiste to Prostitute. The
Other Half of the Coconut: Women Writing Self-respect History. Zubaan. p. 100. ISBN 978-8186706503.
40
State of Washington v. Vinay Keshavan Bharadwaj (Case No.10-1-10009-8 SEA)
https://drive.google.com/file/d/1OnFmhM1bacqa1JB8HcMzVrl352shNXwf/view
41
State v. Bharadwaj, Nos.74013-0-I ( December 27, 2016 ), https://law.justia.com/cases/washington/court-of-appeals-
division-i/2016/74013-0.html
42
Superior Court Of the State California, County of San Bernardino, Vinay v. Nithyananda Foundation CIVRS 1013793, 4
April 2013, nithyananda.org/sites/default/files/news/vinay%20bharadwaj%20order%20for%20attorney%20fees.pdf
43
Life Bliss Foundation vs Samaya TV in CIVRS 1410615 filed in the Superior Court of California, County of San
Bernardino, order dated 8 Dec 2017 https://nithyanandatruth.org/2017/12/10/5-million-judgement-against-samaya-tv-by-
usa-court-for-defamation-of-his-divine-holiness-nithyananda/
44
https://docs.google.com/spreadsheets/d/1Opin5NMenD_f2WYQZ_M74dL96tN3PpU0uC2QuNTFba4/edit
45
https://www.newindianexpress.com/states/karnataka/2010/dec/10/nithyananda-sodomised-his-disciples-209732.html
46
Worship of divine feminine consciousness during Chandi Homa maligned as witch craft
https://www.youtube.com/watch?v=M6T8GwNo8SM
47
“‘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
centre received about 300 phone calls for prostitution.” https://www.deccanherald.com/content/152493/cid-report-
stolen-says-nithyananda.html
48
(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 Date:
24/Jan/2018
 nuns)”49 etc. Previously, before the sensational release of the doctored video, the senior and
aged female monks who used to attend phone calls of devotees seeking spiritual counseling
were faced to pick up phone calls demanding prostitution 50 from them. Several media houses
continue to publish such defamatory articles, causing marginalization of the ASMT women and
girls, and dangerously inciting mob violence and rape against them.

8. People have resorted to violence after reading or watching such material, as perpetrators have
directly commented on the online versions of these media clips openly accepting that they have
“hit one nithyananda people”, and also suggesting others should do the same by saying, “I request
everyone to hit them nicely. Even don't show courtesy for women in nithyanandha ashram. They are
the most dangerous.”51

9. 18 Jan 2018, young female nun Ma Nithyananditha received death threats over the phone by
fans of V. Ramasamy52, Ma Nithyananditha had voiced out against defamatory sexualization of
Hindu female saint Aandal by V. Ramasamy and politically owned media. Several obscene
morphed videos depicting Ma Nithyananditha and other ASMT children were uploaded on social
media by followers of Ramasamy.

10. ASMT as a tradition fundamentally respects women as embodiments of divine mother

Goddess53, and it is extremely painful for the community to witness this smear campaign, on
ASMT women. This smear campaign is not just limited to ASMT women, ASMT female monks, but
the most vulnerable target of this persecution, are the ASMT girls, especially those minor girls
who pursue religious studies to become nuns.

49
5 March 2010 - Headlines Today - 8:20PM – Hang the Sin Swamis (Hindu monks)
docs.google.com/document/d/1f7CEsZDNw5Tl8wJX3fckhmEGqOyESHgy7GgXJiai8vo
50
“‘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 centre
received about 300 phone calls for prostitution.” https://www.deccanherald.com/content/152493/cid-report-stolen-says-
nithyananda.html
51
Profile with the name Parthasarathy J (The Rock) commented (comment id : UgzPVRI09bZwNd_IaUF4AaABAg ), "I have
hit one nithyanandha people when they try to encourage near pallavaram. I request everyone to hit them nicely. Even don't
show courtesy for women in nithyanandha ashram. They are the most dangerous" https://youtu.be/eRIYu2xguG8
52
"Tamil lyricist Vairamuthu gets Padma Bhushan". Business Standard.
53
“नवम्यामे कवर्षादिनववर्षान्तकन्यकाः । बाला शु द्धा च ललिता मालिनी च वसु न्धरा । सरस्वती रमा गारी दुर्गा च नव कात्तिताः ॥२७॥“ “In the
same order upto the ninth day of the fortnight girls from one to nine years respectively should be wor- shipped as usual. These
nine girls respectively are named as : 1. Bālā, 2. Sudbā, 3. Lalitā, 4. Mālini, 5. Vasundharā, 6. Sarasvati; 7. Rama, 8. Gauri, and 9.
Durga .” Kularnava Tantra, 10th Ullasa, verse 27, https://archive.org/details/Kularnava/mode/2up
 (LEFT) The SPH Nithyananda Paramashivam, with a girl child of a pre-monastic family member.
(RIGHT) 17 Oct 2018: As part of the festival of Navaratri, a young ASMT girl waiting for Kumari Puja, a
ritual where Devi Parashakti (primordial Hindu divinity and supreme God) is invoked in a small girl, and
puja (worship) is offered to Her. (link to album)
11. Many ASMT girls who have now grown up to become nuns, had grown up in the lap of the SPH
Nithyananda Paramashivam and strongly relate with Him not just as a Guru but a father figure
also. As per the law in India Hindu nuns are allowed to have the name of their Guru in the place
of their father in their passports.54 It is extremely traumatizing for these girls to be sexually
linked with the SPH by the Indian media.

12. The media targeted ASMT minor girls by publishing their pictures in the national newspapers
with vulgar captions.55 Young ASMT female monks were sexually linked with their Guru (spiritual
guide and leader), the SPH, by entire cover page and several pages of yellow tabloids being
dedicated to malign sacred sentiments of disciple hood. 56 The media published fake interviews of
ASMT actress Ranjitha defaming her for being a disciple of the SPH. Nakkheeran Gopal and other
media heads pressured Ranjitha to commit suicide and circulated false news of the same in
media as a rumor57.

13. Such targeted persecution of Hindu nuns and female religious leaders is not limited to the ASMT
but is aimed at destroying the rights of indigenous female spiritual leaders. Vexatious litigations

54
news18.com/news/india/govt-appeases-sadhus-by-allowing-gurus-name-instead-of-parents-in-passport-1326843.html
55
2 Feb 2011, DNA India, "After Ranjitha, Nithya claims sex video was not of him", the picture shows a minor ASMT girl's
picture. This news clip caused victimization of the child in school and neighbourhood for being captured in a vulgar news
item while cheering for the SPH.
56
Tamil yellow Tabloid NAKKHEERAN edition with monk Ma Nithya Preetananda’s full size picture
https://drive.google.com/open?id=1pxScgv6iDqgMv7VNlWZAWSeUj3M_PLao
57
https://www.mangaloretoday.com/titbits/It-rsquo-s-my-offering-to-Swamiji-Ranjitha.html
 have been used to persecute female Hindu spiritual leaders of minority communities on absurd
allegations of indecent dressing booking it under anti-superstition laws. 58

(c) Intersectional sexual abuse of ASMT nuns especially targeting those from Dalit
communities
14. An ASMT female monk from Dalit origin, Ma Nithya Supriyananda Swami, has faced intersecting
discrimination for multiple reasons (1) ASMT origin (2) Dalit origin (3) Female monk (nun). Ma
Nithya Supriyananda heads the Tamil language publication department of an ASMT monastery.
On 9 May 2010, she and her team were addressed as “sex slaves” by Tamil yellow Tabloid writer
Charu Nivedita.59 She filed a defamation case against the magazine and writers, which has been
pending in the courts for a decade.60

7 June 2012: Ma Nithya Jnanatmananda Swami 8 June 2012: Ma Nithya Achalananda

protecting herself with a chair while Suvarna TV Swami was molested and groped by
channel journalists and associated Nav Nirman Suvarna TV channel journalists and
Sene militants molest and attempt to rape her. associated Nav Nirman Sene militants. (See
Video clip)

15. 7 Jun 2012, BJP owned Suvarna TV’s chief editor Ajith and the militants sexually assaulted female
monks beat up ASMT members present on the campus. They gang-raped 61 ASMT nun Ma Nithya
Jnanatmananda Swami. This criminal act was live broadcasted on national and regional
television. 28 Oct 2015, an ASMT female monk was molested and escaped an attempted rape by
a neo-Hindutva militant who was declared innocent in a subsequent court trial. 62 Ma Nithya
Jnanatmananda Swami watching her sister monks being raped and denied justice was forced to
flee India because of blackmail by terrorists threatening her to withdraw the case. The case filed

58
https://indianexpress.com/article/india/india-others/new-complaint-lodged-against-godwoman-radhe-maa/
59
9 May 2010 https://drive.google.com/open?id=1ETDbGI0PhJ-Wz2n6bYlOjG6xBu79fWJv In the above magazine link,
Charu Nivedita asked the following obscene questions openly addressing monks and members of the ASMT community
in his article: “I would like to ask, to those like the head of Tamil publication dept. Supriya and actress Ragasudha: Did
you sign Nithyananda’s sex agreement after reading it? Did he have the above said tantric sex with you?”
60
(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 Date:
24/Jan/2018
61
FIR 300/2012, Bidadi PS, Ramanagara, Karnataka, https://shrikailasa.github.io/persecution_evidences/CC233-2020-
FIR300-2012-MaJnanatmaSwami.pdf
62
FIR 587/15, Tiruvarur Town PS, 27/Oct/2015 https://shrikailasa.github.io/persecution_evidences/CC37-2015_FIR587-
2015_MaJyotikaSwami.pdf
 by the ASMT nun is still pending in courts as of 2021. In the same attack of June 2012, Ma Nithya
Achalananda Swami was also sexually and physically assaulted by Ajith and other militants who
groped her chest63 and recorded it on camera to blackmail her and used it to publicly shame
her64. The summons issued by the court for Ajith to appear has not been delivered by the police.

(d) Image morphing deepfake technology to publicly shame women and girls
16. In the last decade, especially in India, there has been an alarming trend in the mainstream media
and social media65 of sensational screening and manufacture of misinformation and hate speech
that is marginalizing minority communities66, especially targeting women67 with the use of image
morphing68 and deep-fake69 videos70. Although there are many instances of attacks against
followers of the ASMT and their spiritual leader, a particular focus of attacks has been a
fabricated video of 2010 of the ASMT actress Ranjitha 71. The video was repeatedly and
sensationally broadcasted72 by Sun TV and various media channels to defame her character, and
to delegitimize her Guru the Supreme Pontiff of Hinduism (SPH), Jagatguru Mahasannidhanam
(JGM), His Divine Holiness (HDH) Bhagavan Sri Nithyananda Paramashivam. Forensic
examinations have shown the video to be fabricated, super-imposing videos of the two
individuals.73 The Chief Operations Officer of the Sun TV, a politically owned media house run by
the DMK party, gave a media interview 74 and affidavit75 in a US court acknowledging the detailing
the history and methodology of the blackmail and extortion followed by the channel, particularly
in targeting the ASMT community and its leader the SPH involving the fabricated video. This
confession and affidavit did not remedy the situation as the channel kept victimizing the actress.

(e) No Legal Recourse Available in India especially for women from a marginalized
background
17. The ASMT actress, Ranjitha, petitioned in the Karnataka High Court and all available forums for
several years. Although the courts ordered in her favor restraining the misinformation 76 and
telecast of fabricated deep-fake videos, the neo-Hindutva media kept pushing the
implementation of the order to various quasi-legal institutions 77 (self-regulatory bodies run by
63
https://youtu.be/BHf5h0KtIIc
64
India TV report “It is our campus sir, we have right to our protection you cannot come and destroy us like this. I am also a
girl, I have a right to my security. Somebody attacks me, you are not going to save me, I have to save myself”,
https://youtu.be/1-43XTF18Lc at 3 mins 49 secs.
65
https://news.un.org/en/story/2021/03/1087412
66
theprint.in/world/uks-communications-regulator-imposes-20000-fine-on-republic-bharat-for-hate-speech/572131/
67
https://www.thequint.com/news/webqoof/explained-why-fake-news-misinformation-around-women-more-than-men
68
scroll.in/latest/877007/network-of-women-in-media-demands-immediate-end-to-online-vilification-of-journalist-rana-ayyub
69
Kietzmann, J.; Lee, L. W.; McCarthy, I. P.; Kietzmann, T. C. (2020). "Deepfakes: Trick or treat?". Business Horizons. 63 (2):
135–146. doi:10.1016/j.bushor.2019.11.006
70
https://www.newindianexpress.com/nation/2013/sep/03/Channel-ordered-to-apologise-to-Ranjitha-512987.html ;
https://www.deccanherald.com/content/355108/bccc-tells-channel-apologise-airing.html
71
https://www.imdb.com/name/nm1043431/
72
WP 7767/2010 http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/427478/1/WP7767-10-12-08-2010.pdf
73
(i) https://www.nithyananda.org/sites/default/files/news/lenin-arrested/edward-joe-report.pdf (ii)
https://www.nithyananda.org/sites/default/files/news/lenin-arrested/bryan-neumeister-report.pdf (iii)
https://www.nithyananda.org/sites/default/files/news/lenin-arrested/David-NCAVF-Report-for-Life-Bliss.pdf (iv)
https://www.nithyananda.org/sites/default/files/news/lenin-arrested/joe-yonowitz-report.pdf
74
18 Dec 2012 - Jaya TV - Hansraj Saxena’s Statement - Jaya TV - https://youtu.be/YdLDypTvbBk
75
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://drive.google.com/file/d/0Bxdhe28M7ijWSmRUQzYwUzBFTEU/view
76
W.P. 8619/2011, WP 7767/2010, 14/527/10-11-PCI, 2 Sept 2013 BCCC Order, NBSA #32/2014, etc.
77
http://www.nbanewdelhi.com/assets/uploads/pdf/Fourth_Annual_Report_2010-11.pdf Item#4
 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. 78 None of the
media houses complied with the order and kept reuploading 79, re-telecasting the same footage,
and continue the misinformation propaganda to date. Any complaint on media in the High Court
is redirected to NBSA, BCCC, or other such bodies which do not even have a website 80 listing
their policies to self-regulate. The NBSA as a self-regulatory body is toothless and is known to
disregard its own guidelines and orders even when the member channels ridicule and shame
dead celebrities.81 The NHRC (National Human Rights Commission) has maintained silence on
the subject and pushed the responsibility on the State executive. 82 A politically owned neo-
Hindutva media channel aired a media report where it accused the ASMT leader SPH
Nithyananda Paramashivam of raping His own biological mother (a Hindu nun) on the occasion
of His father’s sad demise. The channel went on to justify their sadist sexual objectification of
Hindu nuns terming it as “unbiased reporting”. 83 Indian Courts are unwilling or unable in
protecting ASMT women, especially nuns and children.

18. Even where ASMT nuns, ASMT women, and girls have won legal battles, it has been futile as
these court orders were never executed as seen in the case of Ranjitha versus several media
houses. The ordeal of Ranjitha or other ASMT women and nuns is not unique – court orders are
not executed by the government executive 84, especially in absence of political motivation. The
Indian government85 and Indian State departments are perceived as one of the most corrupt in
the world.86 The mainstream Indian media and social media 87 influencers exercise a massive
influence on the masses and even the Court judges. The media is easily able to sway public
opinion and even sway the opinion of judges 88. In a court proceeding directly involving the ASMT,
the court explicitly mentioned how the court was prone to prejudice by this negative media

http://www.nbanewdelhi.com/assets/uploads/pdf/Fifth_Annual_Report_2011-12.pdf Page 35
http://www.nbanewdelhi.com/assets/uploads/pdf/Annual_Report_2012-13.pdf Page 32
http://www.nbanewdelhi.com/assets/uploads/pdf/Seventh_Annual_Report_2013-14.pdf Page 84
78
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
79
https://youtu.be/OaWpcJimbvo ( from 0:13 to 0:22 and 2:00 to 2:06 ), http://youtu.be/zuFe8apSDBg ( 0:06 to 0:16, 0:43
to 1:05), http://youtu.be/LeNyiSpTBQw ( 0:31 to 0:37, 0:42 to 1:17), http://youtu.be/bfKBwFTxjvg ( 0:18 to 0:54, 1:39 to
1:51), https://youtu.be/_wjS6AH0hwA ( 0:00 to 0:07, 0:23 to 0:30), http://youtu.be/LJEoh8dHJtE (full video by Nakkheeran /
recently restrained by Google for some geographies), etc.
80
https://thewire.in/media/what-happens-when-you-complain-to-a-standards-authority-about-republic-tv
81
https://thewire.in/media/sushant-singh-rajput-death-aaj-tak-zee-news-abp-nhrc
82
Ibid.
83
ZMCL to Lakshmi Malladi dated 25 Oct 2017, drive.google.com/file/d/1loqzwnyv674XYVWqkX9EReCnKt7ygvlH/view, in
reply to NBSA complaint to Guru Ghantaal Zee News - http://youtu.be/AmDr3wb7FPk
84
https://www.thehindu.com/news/national/karnataka/no-govt-mechanism-to-implement-courts-
orders/article33235504.ece
85
https://www.bloomberg.com/news/articles/2019-07-24/india-has-been-accused-of-overstating-its-growth-statistics
86
India most corrupt country in Asia’ | The Express Tribune. https://tribune.com.pk/story/2273544/india-most-corrupt-
country-in-asia (Accessed: 25 April 2021).
87
(i) https://www.dnaindia.com/india/photo-gallery-contemporary-media-trials-on-social-media-has-an-influence-how-a-
judge-decides-a-case-justice-sikri-2718374 (ii) https://thewire.in/communalism/delhi-riots-misinformation-radicalisation-
social-media
88
(i) 1997 (8) SCC 386, State of Maharashtra vs. Rajendra Jawanmal Gandhi, Supreme Court observation. (ii) M.P. Lohia v.
State of West Bengal, AIR 2005 SC 790 (iii) In Dm v. MA Hamid Ali Gardish, AIR 1940 Oudh 137, (Para 137C2) (iv) Saibal
Kumar Gupta and Ors. v. B.K. Sen and Anr, AIR 1961 SC 633, (v) Y.V. Hanumantha Rao v. K.R. Pattabhiram and Anr,
AIR1975 AP 30 (vi) November 3, 2006, former chief justice of India Y K Sabharwal expressed concern over trial by media.
 propaganda.89 Though media can influence the judiciary in India, the court judgments are
toothless in curbing the media's hate propaganda. Neo-Hindutva media wilfully dishonors court
orders without any consequence. Though there is a possibility of legal recourse outside India,
wherein 2017, a US Court penalized a neo-Hindutva media to the tune of $USD 5 Million 90 for civil
conspiracy, defamation91 targeting the ASMT community, and secondary victimization of an
ASMT child-rape victim, such avenues are neither accessible to most nor legally tenable in all
situation.

(f) State Terrorism

19. 17 Sep 2013, the Karnataka State Department of Women and Children forcibly, cruelly, and
illegally interrogate children in the ASMT school (Gurukul). The interrogation was done without
the consent of the parents, with no video recording of the examiners, late-night beyond 92 the
time permissible by law93. 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 the ASMT lifestyle. The lawyer of the school was sued by
the State for intervening in the violation of the rights of children and parents. 94 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.

20. In November 2019, the Gujarat State government (CWC) Child Welfare Commission officials
raided the female monastery and molested the children studying there. The CWC officials were
pulled up by the parents of these children in the High Court.95 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 women monk heads, and
they were kept under custody for almost 3 months. The only women monastery and Hindu
University were demolished. The false case is still not closed.

Recommendations
(a) Study the use of media for negatively stereotyping women, girls and female monks
21. While the use of information and communications technology has contributed to the
empowerment of women and girls, its use has also generated new forms of violence against
women and girls96. The use of media (both conventional and social) for negative stereotyping and
persecution of women, girls and female monks, especially from marginalized communities
should be studied, added to the scope of Women Observatories, and brought to check.

89
HC Karnataka order to Crl. P. 2328/2010, dated 11 June 2010, point number 13 (page number 12)
http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/388329/1/CRLP2328-10-11-06-2010.pdf
90
https://supremoamicus.org/wp-content/uploads/2019/11/A27vol14.pdf
91
Life Bliss Foundation v Samaya TV, RSM Broadcasters Private Limited & Others (CIVRS 1401615)
https://nithyanandatruth.org/2017/12/10/5-million-judgement-against-samaya-tv-by-usa-court-for-defamation-of-his-
divine-holiness-nithyananda/
92
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)
93
http://shrikailasa.github.io/persecution_evidences/gurukul/Letter_CWC_Representative_Radhka._K_17-Sep-2013.png
94
FIR 340/13 Bidadi PS dated 19-Sept-2013 u/s IPC 186 against Ragasudha (lawyer of the ASMT school and parents)
95
In High Court of Gujarat, R/SCR.A/26/2020, https://indiankanoon.org/doc/74023602/
96
https://undocs.org/en/A/HRC/38/47A/HRC/38/47
 (b) Recognize other forms of hate speech
22. Apart from discrimination based on gender, race, sexual orientation, hate speech such as
dehumanization and other forms of hateful and degrading expression of free speech should be
brought under check by social media and internet intermediaries.

(c) International condemnation of deep-fake and other sophisticated smear campaigns

23. The victims of this new form of persecution, which involves deep-fake and sophisticated smear
campaigns should be supported by condemnation of the violence and propaganda waged
against them. The use of deep-fake videos for targeting women should be brought to check and
condemned internationally.

(d) Stop detribalization of indigenous girls in the name of modernization

24. Tribal and indigenous girls should be protected from detribalization and persecution by the State
as highlighted in this report. This persecution is often difficult to understand as it waged in the
guise of women empowerment and child protection, which is essentially a new form of the
civilizing mission.97

97
https://www.oxfordreference.com/view/10.1093/oi/authority.20110803095614878