The exploitation and discrimination perpetuated against young girls in the name of the custom of Kumari are also contrary to the International Covenant on Civil and Political Rights, 1966. Article 24(1) of the Covenant prohibits discrimination against children on the ground of religion, colour, sex, race, nationality, etc., and also grants them a right to seek from the family, the society and the nation protection of their rights as children. However, under the present custom of Kumari, the girl children have not been able to enjoy the aforesaid rights. The custom of Kumari is a cultural heritage of the valley. Hence, it is better to reform this custom in accordance with norms and values that respect human rights than to abolish it. And only if it is so done shall it receive increased dignity and respect. Therefore, in order to reform the custom of Kumari through the enforcement and protection of the rights granted by the law and the Constitution to the women and the young girls who have been subjected to exploitation and discrimination in the name of the custom of Kumari, the petitioner prayed for the issuance of the writ of mandamus to the respondents asking them to undertake the measures mentioned below: A) To stop and cause to stop immediately the unconstitutional and unlawful activities being undertaken in the name of the custom of Kumari; B) To conduct public awareness oriented programs intended to create an environment congenial to the enjoyment of the concerned community’s right to observe it’s religion and culture, through the custom of Kumari, but without casting any adverse effect on the best interests of the Kumari girls; C) To conduct adequate programs aimed at the social security and rehabilitation of the ex-Kumaris; and D) To conduct necessary programs aimed at making the custom of Kumari conform to values and norms that respect human rights, in coordination and consultation with the National Human Rights Commission and the experts of the concerned community. Besides, the petitioner also prayed for the issuance of an interim order to prohibit at once the discrimination and exploitation being practised against the Kumaris. Show Cause Notice This court issued an order on May 12, 2005 instructing to issue notice to the respondents, asking them to submit written replies within 15 days if there were any reasons or grounds for not issuing the order as prayed for by the petitioner. Written Replies Responding to the writ petition, the office of the respondent Prime Minister and the Council of Ministers submitted that the writ petition deserved to be rejected as it did not clearly mention how and which act or activity of that office infringed which right of the petitioner. The respondent Ministry of Law, Justice and Parliamentary Management submitted the written reply arguing that since that Ministry had not committed any act which infringed any constitutional legal right of the petitioner, the writ petitioner deserved to be rejected. 112

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