Aum Gung Ganapathaye Namah

Namo tassa bhagavato arahato samma-sambuddhassa

Homage to The Blessed One, Accomplished and Fully Enlightened

In the name of Allah, Most Gracious, Most Merciful

International Stalking and Cyberstalking in India

A Collection of Articles, Notes and References

Reference Chapter 2

(Revised: Wednesday, January 12, 2005)

References Edited By

Praise the Buddha

What’s in a name? That which we call a rose

By any other name would smell as sweet.

- William Shakespeare

Copyright © 2002-2010 Praise the Buddha

The following educational writings are STRICTLY for academic research purposes ONLY.

Should NOT be used for commercial, political or any other purposes.

(The following notes are subject to update and revision)

For free distribution only.
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Otherwise, all rights reserved.

8 "... Freely you received, freely give”.

            - Matthew 10:8 :: New American Standard Bible (NASB)

 

1 “But mark this: There will be terrible times in the last days.

2 People will be lovers of themselves, lovers of money, boastful, proud, abusive, disobedient to their parents, ungrateful, unholy,

3 without love, unforgiving, slanderous, without self-control, brutal, not lovers of the good,

4 treacherous, rash, conceited, lovers of pleasure rather than lovers of God—

5 having a form of godliness but denying its power. Have nothing to do with them.

6 They are the kind who worm their way into homes and gain control over weak-willed women, who are loaded down with sins and are swayed by all kinds of evil desires,

7 always learning but never able to acknowledge the truth.                                                                  

8 Just as Jannes and Jambres opposed Moses, so also these men oppose the truth--men of depraved minds, who, as far as the faith is concerned, are rejected.

9 But they will not get very far because, as in the case of those men, their folly will be clear to everyone

            - 2 Timothy 3:1-9  :: New International Version (NIV)

 

The right to be left alone – the most comprehensive of rights, and the right most valued by a free people

            - Justice Louis Brandeis, Olmstead v. U.S., 1928.

 

15 I know thy works, that thou art neither cold nor hot: I would thou wert cold or hot.

16 So then because thou art lukewarm, and neither cold nor hot, I will spue thee out of my mouth.

            - Revelation 3:15-16 :: King James Version (KJV)

 

6 As he saith also in another place, Thou art a priest for ever after the order of Melchisedec.

            - Hebrews 5:6 :: King James Version (KJV)

 

Therefore, I say:

Know your enemy and know yourself;

in a hundred battles, you will never be defeated.

When you are ignorant of the enemy but know yourself,

your chances of winning or losing are equal.

If ignorant both of your enemy and of yourself,

you are sure to be defeated in every battle.

-- Sun Tzu, The Art of War, c. 500bc

 

10    My son, if sinners entice thee, consent thou not.

            - Proverbs 1:10 :: King James Version (KJV)

 

Contents

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Educational Copy of Some of the References

 

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Educational Copy of Some of the References

FOR EDUCATIONAL PURPOSES ONLY

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Reference        

Associated Press. (Saturday, January 22, 2000) Police search home of man accused of stalking bomb victim. USA: Portsmouth Herald.

http://www.seacoastonline.com/2000news/1_22_sb1.htm

 

Saturday, January 22, 2000

Police search home of man accused of stalking bomb victim

 

By Associated Press

 

MEDFORD, Mass. (AP) - Police searched the home of a man accused of stalking a woman who was later killed by a package bomb, but the man denied involvement in the woman's death.

 

Steven Caruso, 44, of Medford, had not been identified as a suspect in the death of Sandra Berfield. Caruso is ``shocked'' by allegations of his involvement, said his attorney, Elliot Levine, on Friday.

 

Friends said Berfield was so afraid of Caruso that she slept with a knife and installed a surveillance camera at her Everett home.

 

Berfield may have let her guard down on Thursday when she carried into her apartment a package left on her doorstep. The bomb inside exploded, killing her.

 

Berfield, 32, obtained a civil restraining order against Caruso in October 1998. In documents written in her own hand, she said she believed he was responsible for the tires slashed on her car. She said he had poured antifreeze in her gas tank. And she accused him of stalking her at home and the restaurant where she worked.

 

``He was told that I wouldn't wait on him anymore ... because he was scaring me and making me uncomfortable,'' she wrote.

 

Caruso denied the allegations, according to court documents, chalking them up to Berfield's ``hysteria.'' He was ordered to stay away from her home as well as the Bickford's restaurant in Medford and Josie's Bar in Everett, where Berfield also worked.

 

``He was a patron where she worked and he knew her for years and he never had a problem with her. Then, all of a sudden, she made allegations against him,'' Levine said. ``He never asked her out, never was romantically interested in her.''

 

Levine said the restraining order against Caruso wasn't the first that Berfield had taken out. Court records showed that Berfield had taken out another restraining order in 1993 against a boyfriend who was bothering her at Bickford's and at home, The Boston Globe reported.

 

Caruso was charged with malicious destruction of property in November for the damage to Berfield's car. He was ordered held for 60 days because authorities believed he was dangerous, but was then released on bail before his trial.

 

His bail was revoked, however, after Berfield said he was lurking outside Bickford's restaurant in violation of the restraining order. He was jailed until his trial, and was convicted in May of property destruction.

 

Caruso is appealing the conviction, Levine said.

 

He was sentenced to six months in jail, plus a year's probation, but was released in July.

 

Caruso was described as a computer wiz and handyman who was competent in electrical, mechanical, plumbing and woodworking jobs. He had studied photography at the New England School of Photography in Boston.

 

Barbara Freedman, a drama professor at Tufts University, said she had become close friends with Caruso after he did some handiwork for her.

 

``He is an enormously kind and gentle person who goes out of his way to help people,'' Freedman said. ``The charges of property damage against this woman's car were ridiculous and did not in any way fit his character or the circumstances.''

 

While not drawing a conclusion in the case, Middlesex District Attorney Martha Coakley said Berfield would have had more legal protections had she been romantically involved with Caruso.

 

Criminal restraining orders are reserved for people who are related to or dating their alleged stalkers or assailants. Berfield never had a relationship with Caruso, friends said, so the only restraining order available to her was through the civil courts.

 

Civil restraining orders are more difficult to come by. And those who violate them aren't jailed as often as violators of criminal restraining orders, Coakley said.

 

Coakley would not say if anything was found during the search of Caruso's home.

 

Asked whether the legal system failed Berfield, Coakley said, ``She's on an autopsy table. I guess I'd have to say yes.''

 

After Caruso's release from jail, Berfield was always looking over her shoulder, friends said.

 

Daniel Menendez, the general manager at Bickford's, said Berfield would often go to the restaurant's windows to see if Caruso was there.

 

Berfield had reportedly installed a video camera in her apartment in an attempt to catch Caruso in front of her building after her car had been vandalized. Prosecutors would not confirm the report or say if there was any videotape evidence.

 

On Friday, officials made a preliminary identification of the victim as Berfield. Coakley said the autopsy was ongoing.

 

Friends and coworkers described Berfield as giving and kind.

 

At Bickford's, where she waited tables for 12 years, she befriended a homeless man and would buy him meals out of her tips on a regular basis, Menendez said.

 

Berfield lived alone. She had a 12-year-old daughter who died about three years ago from spina bifida. She was known to take part in fund-raisers to help fight the disease.

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Reference        

Cyberlaw Consultant. (Thursday, July 27, 2000) Legislation to check cyber stalking needed urgently. India: Indian Express Newspapers (Bombay) Ltd.

http://www.financialexpress.com/fe/daily/20000727/fco27021.html

 

Legislation to check cyber stalking needed urgently 

CYBERLAW CONSULTANT  

--------------------------------------------------------------------------------

 

Cybercrime seems to have suddenly taken the fancy of many people and it has repeatedly been in the news. Even the Minister for Information Technology, Pramod Mahajan is talking about establishing an e-court for specifically trying Cyber crimes. And none too soon. Because as various cases pertaining to Cyber crime continue to emerge, the authorities are clearly baffled and at a lose end, for they are unsure about how to fight cyber crime. Take for instance, cyber stalking, the latest in the series, which has come to fore in India.

 

Recently, the Delhi Police arrested Manish Kathuria in India first case of cyber stalking. In the said case, Manish was stalking a person called Ritu Kohli on the Net by illegally chatting on the website www.mirc.com with the name of Ritu Kohli. Manish was regularly chatting under the identity of Ritu Kohli on the said Website, using obscene and obnoxious language, was distributing her residence telephone number and inviting chatter to chat with her on telephone.

 

Consequently Ritu Kohli was getting obscene calls from different chatters from various parts of India and abroad. Ritu Kohli reported the matter to the police and the Delhi Police swung into action. The police has registered a case under Section 509 of the Indian Penal Code for outraging the modesty of Ritu Kohli.

 

But the case of Ritu Kohli raises the crucial issue as to what exactly is Cyber stalking? Cyber stalking is defined as unwarranted, threatening behavioral pattern or advances directed by one Internet user against another with the purpose of harassing the other user, by using the Internet as the medium. Cyber stalking is a relatively new phenomenon.

 

The Ritu Kohli cyber stalking incident demonstrates how effectively people can use the Internet to harass others by remaining anonymous and how they can create havoc with the life and psyche of the victim.

 

In the case of Ritu Kohli, the accused admitted his guilt and attributed revenge as the motive of committing the said crime. However, the present case raises numerous Cyberlaw issues. Do netizens have any privacy in Cyberspace? Can their privacy be intruded upon by any person in cyberspace? If any person intrudes upon another person privacy, what is the remedy? In the present case, when somebody harasses another person for the purpose of taking revenge, what should be the punishment?

 

Various countries have different laws relating to stalking and some states of the United States of America have cyber stalking legislation.

 

However, in India we do not have any specific legislation relating to cyber stalking. India's first cyberlaw namely The Information Technology Act, 2000 does not contain any thing relating to cyber stalking. Chapter XI of the IT Act, 2000 has stipulated various cyber crimes.

 

These include tampering with computer source documents, hacking with computer system, publishing of information which is obscene in electronic form, misrepresentation to or suppression of material facts from the Controller or the Certifying Authority for obtaining any licence or digital signature certificate, breach of confidentiality and privacy and publishing Digital Signature Certificate false in certain particulars or publication for fraudulent purpose.

 

However, a perusal of Chapter IX of IT Act, 2000 shows that cyber stalking is not covered within the same. Even section 509 of the Indian Penal Code only talks of word, gesture or act intended to insult the modesty of a woman. The perusal of the said section mandates that any word should be uttered or sound or gesture be made or any object be exhibited with the intention that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman. However, when one person chats on the Internet in the legal sense, he does nothing of the said things. The sad diagnosis: None of the conditions stipulated in section 509 of IPC cover cyber stalking.

 

The emergence of cyber stalking in India signals the important fact that the legislature has to take note of the newly emerging cyber crimes. The existing provisions of Indian Penal Code shall not be sufficient to secure convictions of cyber crimes. New legislation regulating cyber crimes specially cyber stalking is the need of the hour.

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Reference

Institute for Conflict Resolution, Stalking.

http://www.workconflicts.com/Stalking2.html

                    

Stalking

Stalking is a very complicated issue. There are three distinct stalker profiles:

1. Erotomanic: A delusional state in which the stalkers believe they are loved by another, typically someone of higher status. This delusion is one of idealized love. The person is convinced that the object, usually of the opposite sex, fervently loves him/her, and would return that love if not for external circumstances.

2. Love Obsessional: There is no prior relationship between the suspect and the victim. "He/she would love me if only given a chance !" A campaign is begun by the stalker to make his existence known to the victim.

3. Simple Obsessional: There is some type of prior knowledge or relationship. Stalking begins:

(a) after the relationship had gone "sour" or

(b) there is a perception by the stalker of mistreatment.

The subject then begins a campaign either to rectify the schism or seeks some form of retribution.

 

Within each of the above types of stalkers, exist different victim/suspect profiles, motivations and directed patterns of harassment and/or threatening behavior.

The behavior or threats of the stalker are never to be taken lightly. The prognosis is poor and the possibility of vandalism and violence is very real.

A. It is extremely important that sufficient time and resources be made available to the victim.

B. If we are to be successful in managing and intervening in stalking cases, an accurate assessment must be made as to the type of stalking profile involved.

 

Victim intervention encompasses three main considerations:

1. Education: Time should be spent to help the victim develop a perspective into her/his problem. The victim should be made aware of the many security options available to help ensure her/his safety both at work and at home.

2. Behavior Modifications: Changing of phone numbers, modifying social habits will help. If the stalker knows victim's residence, a change of address may be necessary. In some instances, job relocation is important.

3. Therapeutic: "You did nothing wrong to warrant what is happening to you!" Victim needs psychological support both from the institution and from law enforcement. Considerable anxiety and fear can be reduced in the process. Support groups are also helpful, including assistance in self-defense. The victim needs to develop a better self-image and feel empowered to become more assertive.

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Reference

Julian Boon and Lorraine Sheridan (Ed.) Stalking and psychosexual obsession. Wiley.

http://www.psychminded.co.uk/book%20reviews/0402/Stalking%20and%20psychosexual%20obsession.htm

 

…the legal recognition of stalking-systematic harassment and intimidation directed at one individual by another-has only recently been recognised as a distinct form of criminality.

One of the important features of stalking as a crime is that its appearance sometimes presages even more serious criminal acts against the victim, including physical violence and murder.

…

…little is known about the personality and background of the men and women who become stalkers.

…

Its very ubiquity in Western societies (we know little of stalking in other cultures) may owe something to the ease of communication between individuals that we prize today.

Preface

Stalking was labelled "the crime of the nineties". Even so, despite international media interest, surprisingly little research was conducted into the phenomenon until the late 1990s.

…

The media coverage of stalking meant that anecdotal and sensationalist accounts were far more prevalent than were systematic investigations. The words of one British victim, writing in 1996, neatly outlines the situation as it was then: "Stalking is one of the most serious crimes of the 1990s, but no one, apart from the victims, seem to realise it".

…

As we have moved into the 21st century, increased interest from the media, writers, the public, academics, clinicians and law enforcement agencies has led to the emergence of a more informed picture. Stalking is now rightly recognised as a significant social problem. Still, however, there are a number of areas in which any detailed information is extremely scant. One of the most fundamental unresolved issues associated with stalking concerns definition. That is, there exists no agreed definition of what the phenomenon actually constitutes, nor is it entirely clear who the stalkers or their victims are likely to be.

…

One thing all attempts at defining stalking must address is that it is an extraordinary type of crime. Often it may consist of no more than the targeted repetition of an ostensibly ordinary or routine behaviour. The major legislative difficulty is that the term "stalking" does not apply to a single action or actions which can easily be defined in legal terms and prohibited: rather, it embraces a multitude of activities. For example, stalkers can harass victims using illegal actions, such as making obscene phone calls or committing acts of violence. Frequently, though, stalkers do not overtly threaten, but use behaviour which is ostensibly routine and harmless, and not in itself illegal. Examples of this might include following somebody around a shop, or frequently driving past their house.

As far as the general public is concerned, it may be that stalking is like great art: they cannot define it, but know it when they see it.

…

…define "stalking" activity as being composed of "a set of actions which, taken as a whole, amount to harassment or intimidation directed at one individual by another".

…

Reflecting these objectives, the chapters which follow have been contributed by international figures from a diverse range of backgrounds and expertise. Specifically, the range of issues that have been covered relate to differing facets of victimology, classificatory systems and stalkers, the role of stalker violence, the treatment of offenders, and the global legal context. These are complemented by chapters on aspects of stalking that have been covered less extensively to date, such as stalking from female and young populations, and cyberstalking.

…

Additional aspects are developed in Chapters 10-12. First, Paul Fitzgerald of Melbourne and Mary Seeman from Toronto discuss eroto-mania in women-from its history to its role in modern stalking cases involving female perpetrators.

…

Ann Burgess and Timothy Baker look at new developments in cyberstalking, with reference to case examples and advice to victims.

…

Collectively, the foregoing chapters represent a showcase of that which is currently internationally known about the phenomenon of stalking and psychosexual harassment.

 

presage

n

1: a foreboding about what is about to happen

2: a sign of something about to happen; "he looked for an omen before going into battle" [syn: omen, portent, prognostic]

v

indicate by signs; "These signs bode bad news" [syn: bode, portend, auspicate, prognosticate, omen, betoken, foreshadow, augur, foretell, prefigure, forecast, predict]

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Reference

Klein, Matthew. (March 1998) Stalking Situations. American Demographics, Kaleidoscope.

http://www.geocities.com/CollegePark/Campus/5925/ad980311.htm

 

…men are more likely to be stalked by strangers, and half of male victims' stalkers had an accomplice.

Of the people who have been victimized by stalkers, 75 percent say they had been spied on or followed

Incidents of stalking usually end within one to two years, with most episodes lasting less than a year. But the emotional and social disruption caused by the crime can continue after that. One in three victims has sought psychological treatment, while one in five lost time from work and 7 percent never returned to work.

NIJ researchers defined the situation as "a course of conduct directed at a specific person that involves repeated physical or visual proximity, nonconsensual communication, or verbal, written, or implied threats sufficient to cause fear in a reasonable person."

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Reference

Lalitha Sridhar. (Sunday, November 17, 2002) Cyber Crimes and the Real World. India: Boloji.com.

http://www.indianest.com/wfs/wfs099.htm

 

But, as law enforcers are finding out, their effect on the real world is devastating; preventing and detecting cyber crimes is now being given priority.

…

At times, these assume the character of organized crime, involving accounting, management, administrative and political establishments. Even as law enforcers struggle to cope, other - and newer - violations loom large, the victims falling into an anonymous abyss.

…

Studies have shown that about 60 per cent of all websites are sexual in content. Twenty per cent of them solicited their visitors, 13 per cent went voluntarily and the rest were pictorially lured.

…

Cyber stalking happens when a person is followed and pursued online, privacy invaded, and every move watched.

…

In Mumbai, a 16-year-old-boy was kidnapped by a woman pedophile.

…

Cyber victims could be using inappropriate language or displaying an excessive fear of some places or things.

…

India is one of the few countries that has adopted the Information Technology Act, 2000.

…

But in what is widely acknowledged as a glaring lapse, it does not cover cyber stalking or child abuse. Unlike in a real world crime, a cyber crime is generally not preceded by a motive, the time zones can be different and a crime cannot be pinpointed to a particular hour. The crime could originate in one continent and target victims in another part of the world. Investigators find that data can be easily destroyed while clinching evidence is difficult to collect from voluminous weblogs, network and hard disk contents. Often, only strong circumstantial evidence is available.

 

"Finding a stalker is difficult, securing evidence even more so. The best defence is certainly prevention," Lalitha says.

…

Says Sundari Nanda, Deputy Inspector General of the Indian Central Bureau of Investigation's pioneering Cyber Crime Cell, set up in 2000: "Cyber crime is simply a normal crime facilitated by information technology. Most cutting edge law enforcement functionaries are not tuned into this yet.

…

Says Nanda, "Meaningful linkages and cooperation between agencies is vital to cyber crime-solving. Cyberspace is an extension of the human experience. Internet users have to be made aware that there is an authority to complain to."

 

"Teenagers exult in an environment without strictures," continues Nanda, "They find their newly-found independence linked to a cyber identity. They find it exciting but they are extremely vulnerable."

…

Public awareness, she says, is essential.

…

"Women, teenagers and children have to be made wary of dating services and chat rooms for they are especially risky. No one is required to share personal profiles and information on 'public' spaces in the computer - hardly 10 to 15 per cent of the data sought is mandatory.

 

"Although limited Internet penetration curtails the number of possible victims, connectivity is growing by the day in India and we must have a strong defence in place. Our greatest challenge is to make users aware of their rights. We need to evolve proactive measures to catch offenders - old ways cannot work for new problems."

 

It took 38 years for radio to reach 50 million people. Television reached the same number in 13 years. The Internet did it in four. By the end of 2002, there are expected to be 800 million Internet subscribers in the world. NASSCOM predicts there will be 23 million Net users in India by 2003.

 

Cyber crimes multiply, meanwhile, undetected and little-understood. When the victim does not even understand what his/her rights are, when the law is unclear about what precisely constitutes a crime, and when old infrastructure judges constantly changing technologies, cyber criminals can remain virtually free of both punishment and repentance.  

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Reference

Orland, Kevin. (Thursday, February 06, 2003) Satellite stalking: Latest hi-tech crime. USA: Associated Press.

http://www.sunherald.com/mld/sunherald/news/politics/5119494.htm

 

Posted on Thu, Feb. 06, 2003  

 

Satellite stalking: Latest hi-tech crime

KEVIN ORLAND

Associated Press

 

MILWAUKEE - Connie Adams found it impossible to esscape her ex-boyfriend.

 

He would follow her as she drove to work or ran errands. He would inexplicably pull up next to her at stoplights and once tried to run her off the highway, authorities said.

 

When he showed up at a bar she was visiting for the first time, on a date, Adams began to suspect Paul Seidler wasn't operating on instinct alone.

 

"He told me no matter where I went or what I did, he would know where I was," Adams testified at a recent court hearing.

 

Kenosha police said Seidler had installed a satellite tracking device in her car that allowed him to pinpoint her every move.

 

Police say Adams' case and several others across the country herald an incipient danger: high-tech stalking. The advent of global positioning technology has made such devices readily available to the public, but more people are abusing it.

 

"As technology advances, it's going to be almost impossible for victims to flee and get to safety," said Cindy Southworth, director of technology at the National Network to End Domestic Violence in Washington.

 

Police say Seidler put a global positioning tracking device between the radiator and grill of Adams' car. Such gadgets use a constellation of satellites to pinpoint location and can send their coordinates to cell phones or computers.

 

Trucking companies use GPS systems to track hazardous cargo and monitor drivers. Corrections authorities use them to monitor sex offenders. Hikers, boaters and motorists use GPS devices to keep from getting lost. The technology is also being built into cell phones to help emergency dispatchers find 911 callers. They're also being used to prevent car theft.

 

In the Adams case, Seidler pleaded innocent last month to felony counts of stalking, recklessly endangering safety, burglary and a misdemeanor count of disorderly conduct. His trial is pending.

 

Southworth trains victims advocates, law enforcement and prosecutors on stalkers' use of the technology, which she says is only just beginning to be abused.

 

The Stalking Resource Center at the National Center for Victims of Crime has found at least one other case of a GPS system being used to stalk a victim.

 

In it, a Colorado appeals court in July upheld Robert Sullivan's conviction for stalking his ex-wife and installing a GPS device in her car to track her movements.

 

GPS is not the first technology to be misused by stalkers, who have also employed the Internet, microchip-sized cameras and even caller identification, said Southworth, though it is the most dangerous to date.

 

Just as she once taught victims how to block caller ID when they use the phone, Southworth now suggests victims occasionally check under the hood of their car.

 

Tracy Bahm, the Stalking Resource Center's director, said some states are working to update their stalking statutes to include the high-tech variety.

 

The center typically advises states to keep their statutes broad enough to include technologies that don't yet exist.

 

"As society and technology evolve, stalkers will always find new ways to harass their victims," Bahm said.

 

ON THE NET

 

Stalking Resource Center: http://www.ncvc.org/src

 

National Network to End Domestic Violence: http://www.nnedv.org

 

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http://www.geocities.com/praisethebuddha/stalking/refer/chap2.html

 

Published on internet: Monday, March 31, 2003

1st Re-publish on internet: Wednesday, July 09, 2003

Revised: Wednesday, January 12, 2005

 

Information on the web site is given in good faith about a certain spiritual way of life, irrespective of any specific religion, in the belief that the information is not misused, misjudged or misunderstood. Persons using this information for whatever purpose must rely on their own skill, intelligence and judgment in its application. The webmaster does not accept any liability for harm or damage resulting from advice given in good faith on this website.

 

Reference Chapter 1                                                                                                              Reference Chapter 3

 

Back to Reference Index

                                                                       

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“Thou belongest to That Which Is Undying, and not merely to time alone,” murmured the Sphinx, breaking its muteness at last. “Thou art eternal, and not merely of the vanishing flesh. The soul in man cannot be killed, cannot die. It waits, shroud-wrapped, in thy heart, as I waited, sand-wrapped, in thy world. Know thyself, O mortal! For there is One within thee, as in all men, that comes and stands at the bar and bears witness that there IS a God!”

(Reference: Brunton, Paul. (1962) A Search in Secret Egypt. (17th Impression) London, UK: Rider & Company. Page: 35.)

Amen

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