Complaint to US Authorities, to Penguin Group and to University of Chicago on harmful material defined under US Penal Code Chapter 43, authored by Wendy Doniger, employee of University of Chicago and published by Penguin Group.
The complaint is that Wendy Doniger's book 'The Hindus - An alternative history' is "Harmful material" under Chapter 43 of US Penal Code. It is of little educational value and utterly without redeeming social values for minors.
If the continued promotion of 'harmful material' is not deliberate malice, Penguin Group, University of Chicago authorities must act now in good faith.
This complaint about 'harmful material' means material whose dominant theme taken as a whole:
(A) appeals to the prurient interest of a minor, in sex, nudity, or excretion;
(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
(C) is utterly without redeeming social value for minors.
We reiterate what was stated in the petition of 2010 sponsored by Sarasvati Research and Education Trust and which has received online 11,024 signatures (as of February 20, 2014) asking PENGUIN GROUP to:
1. WITHDRAW all the copies of this book immediately from the worldwide bookshops/markets/ Universities/Libraries and refrain from printing any other edition.
2. APOLOGIZE for having published this book “The Hindus: An Alternative History”. This book seriously and grossly misrepresents the Hindu reality as known to the vast numbers of Hindus and to scholars of Hindu tradition. PENGUIN must apologize for failure to observe proper pre-publication scrutiny and scholarly review.
3. COMPENSATE by rendering social service and pay punitive damages to the Hindu community which has been defamed.
This complaint under Chapter 43 of US Penal Code is necessitated by the fact that there has been no action on the part of the concerned persons to respond to and act to redress the situation detailed in this petition, despite repeated opportunities to initiate such remedial action to atone for the crime.
Wendy Doniger's book continues to be accessible in community libraries of USA and expose minors arousing their prurient interests.
Hindu civilization, Hindu history is taught in middle schools in many parts of USA and many minors (and also teachers in schools) are likely to refer to the book since it is promoted as Alternative Hindu history by a US academic, thus giving it a veneer of respectability, while, in fact, it is defamatory, obscene and 'harmful material'.
It appears that the intent of the publisher and the author is DELIBERATE INTENT to commit the crime. Despite the complaint made directly to the publisher through a petition detailed below, they have chosen to continue distribution of the book WITHOUT ANY CORRECTIONS and intent on continuing to commit the crime of the cover page all over the world including India which is patently against public order and public decency given the large number of Hindus living and practising minority reglion in USA.
It is also a fact that Hindu civilization is taught in the middle schools of USA (Witness the California Text book trial called the Harvard Donkey Trial which was also settled out of court).
Since Wendy Doniger is touted as the authoritative academic on Hinduism (witness her article on Hinduism in Encyclopaedia Britannica which continues to be displayed there despite protests and complaints), her book is likely to be cited as a reference book in the classrooms where Hinduism is taught. If in fact this happened is a matter for investigation by recording the evidence of teachers teaching Hinduism and asking them specifically if they used Wendy Doniger's book in their classrooms.
Anyway, that a crime has been committed is proven ab initio and prima facie that is in violation of the Chapter 43 of US Penal code is evident from the fact that the book is distributed as a 'Alternative History of Hindus'. This fact has NOT been denied by the publisher or by the author.
The crux of the complaint is that the book as a whole and the cover page in particular are violative of Section 43.24 of US Penal Code (Chapter 43) and constitutes a crime.
Sarasvati Research and Education Trust
Febuary 20, 2014
Details of the argument
Febuary 20, 2014
Details of the argument
Chapter 43 Crimes against public order and public decency
Sec. 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR. (a) For purposes of this section:
(1) "Minor" means an individual younger than 18 years.
(2) "Harmful material" means material whose dominant theme taken as a whole:
(A) appeals to the prurient interest of a minor, in sex, nudity, or excretion;
(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
(C) is utterly without redeeming social value for minors.
(b) A person commits an offense if, knowing that the material is harmful:
(1) and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;
(2) he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display; or
(3) he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection (b)(1) or (b)(2).
(c) It is an affirmative defense to prosecution under this section that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.
(c-1) It is a defense to prosecution under this section that the actor was the spouse of the minor at the time of the offense.
(d) An offense under this section is a Class A misdemeanor unless it is committed under Subsection (b)(3) in which event it is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 497, Sec. 1, eff. September 1, 2011.
The cover page of Wendy Doniger's book The Hindus -- Alternative History (Penguin) is harmful material as defined in the Code. The author, publisher and the employer (University of Chicago) who has failed to reprimand the employee, Wendy Doniger are charged with disseminating 'harmful material' which is utterly without redeeming social value for minors. The book has not been declared as ADULT PORNOGRAPHY and hence, used or likely to be used in a school, public library or educational institution with minors, likely to appeal to the prurient interest of minors in sex, nudity, or excretion.
For the benefit of the complaint to the courts in USA, the following facts of the cover page is cited as consistent on all THREE counts which define 'harmful material' under 43.24(2) of US Penal code:
Excercising due diligence and extreme care with the facts the picture at http://newstrack.outlookindia.
The picture is reproduced here in utter disgust for ready reference for authorities in USA to appreciate the gravity of the crime agains public order and decency committed by its publication:
The dominant theme taken as a whole is a presentation of provocative poses, dance poses of love by naked ladies so drawn as to constitute a male horse and a blue-bodied person riding on a horse with a pronounced penis indicated by the protruding hand of one of the dancing naked ladies.
The bodies of 8 bare-breasted ladies with prominent books are so contorted as dance poses to constitute the body of the horse on which a rider is seen. The entire scene is presented below the shade of a tree.
The hind-legs of the horse (naked-breasted lady) thrusts her hand through the legs of another lady while holding the left foot of the naked lady on whose buttocks Krishna is seated.
The black flowing hair of this lady constitutes the tail of the horse.
The naked lady who forms Krishna's seat has her left hand on the right boob of the forelegs of the horse (naked-breasted lady); while her right hand is trying to reach out to the boob of the lady on the neck with an uplifted leg.
The mouth and face of the horse has only one leg hanging upwards. The ears of the horse (with a bare-breasted lady with boobs) having her two hands lifted upwards.
The whole theme is to depict a male horse as made up of a bevy of naked bare-breasted boobs of 8 ladies constituting the horse. The hind-legs of the horse (naked-breasted lady) is thrusting her left hand to denote the penis of the horse.
I am sure art historians will be able to make a more vivid art appreciation of the pornographic piece. The pornography is complete with a blue-bodied Krishna true to the descriptions in sacred texts of the Hindus and there will be no confusion in the viewers' minds as to who is sought to be represented with a blue body: Krishna considered an avatara of paramaatman, Vishnu.
On this porno, Vishnu is riding on the horse, an evocation of riding on the arses of big-busted Hindu ladies enjoying the sexual encounter with the blue-bodied lover -- engaged in ecstatic dance poses called karanas (dance poses) according to Bharata's Natyashastra. The theme appeals to the prurient interest of a minor, in sex, nudity, or excretion (indicated by the erect penis) since a minor will associate the nude ladies with Hindu ladies many of whom adore Krishna as a divinity.
Let us also assume that US Penal Code Chapter 43 on Crime against Public Order and Public Decency is close to an 'international standard'.
I submit that the cover page on Wendy's book is enough to prosecute the author, publisher and employer of the author, Univ. of Chicago under US Penal Code.
Here is an excursus on Indian criminal code compared with US case laws in particular reference to Lady Chatterly's Lover.
The book of Wendy Doniger is more indecent and more devastating to public order since there is a danger that it may arouse prurient interests in minors, particularly Hindu minors in USA. Hence, a complaint is warranted for further action under due process under US Laws.
http://indconlawphil.wordpress.com/tag/obscenity/
PHOTO CREDIT: Jacket: The jacket image reproduces a contemporary
mural from Puri, in Orissa, serigraphed on recycled handmade paper, by Santi Arts, India (www.santiarts.com), who have kindly given us permission to reprint it here. It depicts the god Krishna riding on a horse composed of the cowherd women who love him.
Wendy has paid Katherine Ulrich for getting the image for the cover of the book:
Excerpts:
Richard Rosengarten, dean of the Divinity School of the University of Chicago, for his unflagging interest and encouragement, his faith in me, and his generosity in providing time for me to write and funds for me to pay my student assistants and my special Indological editor, Katherine Eirene Ulrich...
Katherine Ulrich read several long, long drafts, catching many howlers as well as stylistic tics, pinpointing obscurities, suggesting books and articles, challenging unsupported assumptions, and sustaining me with no-nonsense, appreciative, and often hilarious comments. To cap it all, she gave me the image of the composite horse that appears on the jacket of this book, not just finding it but buying it and carrying it back from India for me.
It is clear from NPR interview of Wendy Doniger that Penguin intends to import 1000 books with the same content as was found offensive in India and intends to distribute through electronic and other means.
Wendy Doniger said: " When I'm delighted that is that the book is sold like hotcakes everywhere in the world, that Penguin New York is considering sending several thousand copies to India, because there's no law against Penguin USA selling the book - just Penguin India selling the book. Copies are circulating in India and Kindle is available in India.If the purpose of these gentlemen was to keep people from buying my book and reading it, it has backfired quite wonderfully."
Wendy Doniger's intent was to use sex as a framework to analyze Hindu history.
Here is a quote from Wendy D: "Aldous Huxley once said that an intellectual was someone who had found something more interesting than sex; in Indology, an intellectual need not make that choice at all." Wendy Doniger in When the Lingam is Just a Cigar, Psychoanalysis and Hindu Sexual Fantasies .
Among the charges listed in the complaint against Penguin Books were charges of plagiarism, false claims in the book, and that it was written with a Christian missionary zeal. For example, the complaint alleged that the book falsely claimed that the image on the jacket of the book was from a temple in Puri in Odisha even though that was not the case. If true, such false claims would at least violate consumer protection laws in India. Making false claims to sell a book, that too on the cover of the book, is an unethical practice.
Wendy Doniger's book "The Hindus, an Alternative History" (see the cover), published and distributed by Penguin has been a phenomenal sales success. Already (in February 2010), more than 600 libraries in North America have acquired a copy of the book, in less than one year since its publication. The Indian division of Penguin has brought out an Indian reprint as well. Doniger claims that her book is about Hindu women, low castes, dogs and horses. But these merely appear to be an excuse for her to indulge in bouts of lewd descriptions, imaginary rapes, violence, titillating sleaze, drugs, booze and the like - all of which is then superimposed on the Hindus and on their traditions. As usual, she kinks fairly straightforward narratives in Hindu scriptures to present her own pornographic versions. http://vishalagarwal.
In a reply to Dr. Shukla's article in Washington Post, Doniger argued that her book did well in India, it was on the best-seller lists and sold 10,000 copies. The figure could well be an exaggeration; she might have taken the same liberty with truth in boasting about the sales of her book as she did with much of what is in it. For with a price tag of Rs 999, it is doubtful so many Indians had a taste for the bilge that it contained. The curiosity aroused by the title and the rave reviews of some magazines which have a penchant to celebrate anti-Hindu calumny might have sold a few copies.
This is how the website described the ‘acclaimed Sanskrit scholar and author’, in a write-up that accompanied Russell Peters’ interview with her, on March 27, 2002:
“Professor Wendy Doniger is known for being rude, crude and very lewd in the hallowed portals of Sanskrit Academics. All her special works have revolved around the subject of sex in Sanskrit texts ranging from Siva: The Erotic Ascetic to Tales of Sex and Violence.
Fellow Sanskrit academics and Wendy herself feel it was only a matter of course before she got round to doing her pièce de résistance - the definitive English translation of that most famed sexual text, theKamasutra.
Never one to shy away from sex, she threw herself into the job of translating the text...She was particularly interested by the parts that justify adultery and the list of ways to get rid of a man.She feels that the book is basically about how to live the good life, it’s about wooing, and power in a relationship.
...When she was translating it (over a period of a few years and numerous Sanskrit classes), she frequently found herself having to take cold showers.” [Emphasis added - Vox Indica]
[Interview with Wendy Doniger, March 27, 2002,http://web.archive.org/ web/20020911134952/http://www. bbc.co.uk/asianlife/tv/ network_east_late/biogs/wendy_ doniger.shtml]
The referenced online petition by Sarasvati Research and Education Trust requesting Penguin to withhold publication of the book is at:
Sarasvati Research and Education Trust
February 20, 2014