Convention and, therefore, it recommended for undertaking steps to eradicate such discriminatory traditional custom. But the analysis made above showed that since it did not appear that there was any restriction on the Nepali girl in regard to the enjoyment of the fundamental rights granted by the Interim Constitution of Nepal, 2063 B.S. and the rights granted by the international human rights instruments only due to their status qua Kumari, there was no scope for issuing the writ. The analysis made above shows that the custom of Kumari seems to have existed as an integral part of the religious and cultural right of the Hindu and Buddhist people. Without the presence and participation of Kumari, it would be impossible to hold certain festivals, worships and cultural activities of the followers of the Hindu and the Buddhist religions of Kathmandu, Lalitpur and Bhaktpur. Since our society is traditional and also because there is a belief that after becoming Kumari a girl should not go for study, some Kumaris do not get an opportunity to study. Those Kumaris became victims of such a custom and tradition. Because they failed to get an opportunity for education, such Kumaris could not lead a self-dependent and self-reliant life after they retired, and thus they were bound to be dependent on their guardians, parents or husbands. This can be treated as an individual surrendering her rights in the interest of the society. Nevertheless, this situation has not been created by law; it has been brought about by social customs, practices, belief and tradition. However, the society of today is progressive and it is in a position to decide about what is right and what is wrong due to the increasing awareness among the people. The society of today has also reached a stage which recognizes the right of every person to get an education without causing any interference to the religious and cultural rights. That is to say, it is a reality accepted by the society of today that the act of acquiring education does not infringe the society’s right to religion and culture. The present generation may not have any confusion about this due to the present state of affairs. But the Kumaris of yesterday have become victims due to the tradition. It is a reality. Therefore, the State must give thought to granting facilities like social security or pension benefits to the exKumaris who have been deprived of their fundamental right as well as their human right to education in their childhood. Hence, as it seems desirable to introduce timely reforms in the Kumari culture through the means of social security for the Kumaris and ex-Kumaris and also, as it is appropriate to conduct an extensive study of how their rights and interests and social security can be promoted by adopting which type of economic, social, legal and administrative measures, after renewing their existing condition and keeping in view the provisions of the Interim Constitution of Nepal and the international human rights instruments relating to the rights of women and children, signed by Nepal, it is appropriate to take action in accordance with that finding. Therefore, a directive order is hereby issued in the name of the respondent Ministry of Culture to constitute the following Study Committee to submit a report along with recommendations, after having consultations with the leaders of the community which follows the Kumari culture and its representative associations and organizations, and also the writ of Mandamus is also issued directing the Government of Nepal to implement that report after its submission. 132

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