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