been victims of exploitation and discrimination. They are required to abide by strict rules of discipline in regard to matters such as movements, playing sports, staying with the family, dress, going to school, studying, etc. Also, no adequate arrangements have been made for the social security and rehabilitation of retired Kumaris. Compared to the Kumari customs prevalent in other places, the custom of Kumari in Bhaktapur seems to be more liberal. The constitutional rights of Kumaris, especially the Kumaris of Basantpur and Patan, such as the right to personal liberty, the right to equality, freedom of movement and residence, freedom to assemble, freedom to eat and drink according to one’s choice and at desired time, freedom to go to school and study there at par with other children, freedom of wearing clothes according to one’s choice, the right to the privacy of body and the right to residence, etc., have been infringed. Since the Kumari girls have been deprived of the enjoyment of fundamental rights and freedoms granted by the Constitution, all this has caused an adverse effect on their physical and mental development. Likewise, due to the superstitious beliefs prevalent in the society, the married life of girls who have previously occupied the post of Kumari has been also affected. The state has not made any special provision for the social security and rehabilitation of ex-Kumaris as reparation for the infringement of their child rights and the discrimination and exploitation made against them. The State has failed to provide them with protection against the discrimination and exploitation being perpetuated against them. As a result, the life of Kumaris and ex-Kumaris is pitiable. Article 26(8) of the Constitution has prescribed, as a duty of the State, that necessary provisions be made for safeguarding the rights and interests of children by preventing exploitation against them. But the young girls appointed as Kumaris have failed to receive protection from the State in contravention of the spirit of the Constitution. The custom of Kumari is also contrary to the Children Act, 1991, as it requires young girls to be offered in the name of gods and goddesses for fulfilling a religious purpose. The custom of Kumari is contrary to the rights granted and the duties imposed on the State by the Convention on the Child Rights, 1989, to which Nepal is also a signatory. The said convention has granted a right to children to get an affectionate family environment for the fuller development of their personality and for growth in an environment full of happiness and understanding. Articles 16, 24, 27, 28, 29, 31, and 32 of the convention have obligated the State parties to undertake appropriate legal, administrative and educational measures for the protection and promotion of the rights granted to children by those Articles. Similarly, the Convention on the Elimination of All forms of Discrimination Against Women, 1979, to which Nepal is also a party, has, guaranteeing the rights of women, imposed upon the State the obligation to undertake appropriate legal and other measures for eradicating all forms of discrimination against women. Notwithstanding all this, in the name of the custom of Kumari, the State has failed to carry out its obligation as laid down by the said convention with a view to eradicate traditional discrimination and exploitation against young girls (women). Therefore, the meeting of the 30th Session of the Committee on the Eradication of Discrimination against Women held from January 12 to 30, 2004 commented, on the report sent by Nepal on the status of the implementation of the Convention, that the custom of Kumari has discriminated against women and also recommended that measures be undertaken to eradicate such a discriminatory custom, as it was inconsistent with the convention. 111

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