The exploitation and discrimination perpetuated against young girls in the name of the custom
of Kumari are also contrary to the International Covenant on Civil and Political Rights, 1966.
Article 24(1) of the Covenant prohibits discrimination against children on the ground of religion,
colour, sex, race, nationality, etc., and also grants them a right to seek from the family, the
society and the nation protection of their rights as children. However, under the present
custom of Kumari, the girl children have not been able to enjoy the aforesaid rights.
The custom of Kumari is a cultural heritage of the valley. Hence, it is better to reform this
custom in accordance with norms and values that respect human rights than to abolish it.
And only if it is so done shall it receive increased dignity and respect. Therefore, in order to
reform the custom of Kumari through the enforcement and protection of the rights granted
by the law and the Constitution to the women and the young girls who have been subjected
to exploitation and discrimination in the name of the custom of Kumari, the petitioner
prayed for the issuance of the writ of mandamus to the respondents asking them to undertake
the measures mentioned below:
A) To stop and cause to stop immediately the unconstitutional and unlawful activities
being undertaken in the name of the custom of Kumari;
B) To conduct public awareness oriented programs intended to create an environment
congenial to the enjoyment of the concerned community’s right to observe it’s
religion and culture, through the custom of Kumari, but without casting any adverse
effect on the best interests of the Kumari girls;
C) To conduct adequate programs aimed at the social security and rehabilitation of
the ex-Kumaris; and
D) To conduct necessary programs aimed at making the custom of Kumari conform
to values and norms that respect human rights, in coordination and consultation
with the National Human Rights Commission and the experts of the concerned
community.
Besides, the petitioner also prayed for the issuance of an interim order to prohibit at once
the discrimination and exploitation being practised against the Kumaris.
Show Cause Notice
This court issued an order on May 12, 2005 instructing to issue notice to the respondents,
asking them to submit written replies within 15 days if there were any reasons or grounds
for not issuing the order as prayed for by the petitioner.
Written Replies
Responding to the writ petition, the office of the respondent Prime Minister and the Council
of Ministers submitted that the writ petition deserved to be rejected as it did not clearly
mention how and which act or activity of that office infringed which right of the petitioner.
The respondent Ministry of Law, Justice and Parliamentary Management submitted the
written reply arguing that since that Ministry had not committed any act which infringed
any constitutional legal right of the petitioner, the writ petitioner deserved to be rejected.
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