Kumari, Kathmandu Mubahal Kumari, Bungamati Kumari, Kathmandu Kilagal Kumari,
Kathmandu Makhan Tarani (Kumari) and Patan Michabahal Kumari showed that the
condition of the human rights of Bhaktapur Kumari, Bunagmati Kumari, Kilagal Kumari,
and Makhan Tarni (Kumari) was comparatively ordinary. The customs of Kathmandu
Kyabahal Kumari, Kathmandu Mubahal Kumari and Patan Mikhabahal Kuamari are found
to have been discontinued at present. The state of the human rights of the girls becoming
Kumari, especially from the viewpoint of their age, education, family environment, clothing,
health, recreation and freedom is not satisfactory in respect of the custom of Kumari at
several places. There seemed to be no guarantee of the basic child rights including the right
to education, the right to movement, the right to family environment, the right to a balanced
diet, the right to entertainment, etc., granted by the Constitution of the Kingdom of Nepal,
1990 and the international human rights instruments including the Convention on the Child
Rights, 1989.
The concern of the girls becoming Kumari for the above mentioned rights and the scarcity
of funds were found to be the main reasons for the discontinuation of the custom of Kumari
at some places. If the human rights of the girls becoming Kumari are not fully guaranteed,
this custom may eventually become extinguished. Hence, the respected Kumari culture
needs to be made all the more respectable through the means of timely reforms and
improvements on the basis of the principles and values of human rights.
Decision
The present writ petition, scheduled for hearing for today as per the rules, has been closely
studied along with other related documents and the study report included in the case file.
Appearing on behalf of the petitioner, the petitioner advocate Pun Devi herself and the
learned advocates Chandra Kant Gyawali, Ravi Narayan Khanal and Meera Dhungana,
submitted that the custom of the Kumari is a national heritage. There can be no divergence
of opinions that the custom needs to be protected. However, because the state of human
rights of the girls becoming Kumari and of those girls who have retired from the post of
Kumari is not satisfactory, it is desirable to preserve and protect the Kumari culture by
means of ensuring their human rights. Hence, they pleaded for the issuance of the order as
prayed for. Appearing on behalf of the Nepal Government, the learned Deputy Government
Attorney Brajesh Kumar Pyakurel pleaded for the rejection of the writ petition and argued
that the custom of Kumari was not a custom established and conducted by the government.
The government had no direct involvement or participation in the matters relating to the
custom of Kumari. The petitioner had even no ‘locus standi’ to file the writ petition. As
regards the question of the need for introducing timely reforms and modification in the
custom of Kumari, the Nepal Government had no objection to that.
Issues to be Decided
After also hearing the submissions made by the various counsels the following issues need
to be decided in regard to the present writ petition:
1) What are the historical background and the present condition of the Kumaris?
2) Whether or not the rights granted to Kumaris by the Interim Constitution of Nepal,
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