the priest and the Trust or director of the temple appointing such a priest. But no such relationship is established in the custom of Kumari. The Kumaris are, in fact, appointed for the sake of offering ‘puja’ (workshop) and devotion as a living Goddess. Now as regards the third question, the above-mentioned international instruments including the Convention on the Child Rights have enjoined on the State parties the duty of adopting necessary economic, social, administrative, legal and other appropriate measures for the effective implementation of the rights granted to children without making any discrimination. Similarly, Art.33 (m) of the Interim Constitution of Nepal also provided that the duty of effective implementation of the international treaties and Conventions to which Nepal is a party rests with the State. By virtue of being member State, Nepal must discharge its aforesaid international obligation as well as its constitutional duty. The custom of Kumari seems to have continued in the form of a social belief, tradition and custom. It is a duty of the concerned society and the State to work for the promotion and enrichment of its religious and cultural custom and traditions practised from the time immemorial through the norms and values of human rights. Under the custom of Kumari, girl child are chosen as Kumaris, the State ought to do something for them during their tenure as Kumari and even after their retirement from that post. It has been a universal tenet of the child rights jurisprudence that the interests of children must be given the highest priority while undertaking any activity relating to an issue concerned with children. Therefore, Art.3 of the Convention on the Child Rights, 1989 has also laid down the rule that “In all actions concerning children, whether taken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.” Accordingly, the community which follows the custom of Kumari must not prevent its children from enjoying any of the fundamental rights granted to them by the Interim Constitution of Nepal, 2063 B.S., and the rights granted by the convention on the Child Rights, 1989 and the other human rights instruments. So far as the educational, maintenance related and other expenses of Kumaris are concerned, it appears from the study reports that such expenses are borne by the State only to a limited extent. Kumaris should be considered to have made contribution to the enjoyment of the religious and cultural rights of the religious community following the custom of Kumari. Appreciating the contributions made by them to the social, cultural and religious life of the nation in their capacity as Kumaris, the State must make appropriate and necessary arrangements for them, including arrangements for their social security. There can be no two opinions about this matter. The financial help made available by the State for the Kumaris of some places and for the ex-Kumaris seems to be meager and unequal. Commenting on the report on the implementation of the Convention sent by Nepal, the meeting of the 30th Session of the Committee on the Eradication of All Types of Discrimination against Women held from January 12 to 30, 2004 observed that the custom of Kumari discriminated against women and was contrary to the 131

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents