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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