2063 B.S. and the various international human rights instruments, especially, the
Convention on the child rights have been infringed?
3) Whether or not the order should be issued as prayed for by the petitioner?
Now, considering the first question, it seems that the present writ petition has been filed in
connection with the various Kumari customs prevalent in the three cities of the Kathmandu
Valley, i.e., Kathmandu, Lalitpur, and Bhaktpur. In the writ petition and the study reports,
nothing has been mentioned about whether or not the Kumari custom is in practice outside
Kathmandu valley. When we look at the beginning or the start of the custom of Kumari
prevalent in the Kathmandu valley, there could be found no written historical document in
this regard. No historical document such as a Trust document or ‘tamrpatra’ (copper plate
inscription), ‘sanad’ (cricular) or ‘sawal’ (rule), etc, seemed to be mentioned in either of the
study reports in connection with the question as to when the custom of Kumari started and
in the regime of which ruler. It appears from the written replies, study reports and the
opinions of experts on the custom of Kumari that this custom has remained in practice for
many centuries as an inseparable part of the social, religious and cultural life of the
Kathmandu valley and that the religious community following it has treated Kumari as a
living Goddess. It also appears that Kumari, the family of Kumari and her relations feel
proud due to the high respect shown by all the religious sects and the common people.
Nonetheless, it seems that none was found to have been appointed as a Kumari either by
compelling the concerned girl or her family or against their will.
A thorough study of the writ petition and the reports presented by the Study Committee
constituted by this Court and the petitioner shows the comparative state of the Kumaris of
various places within the Kathmandu valley as follows:
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