In its written reply the respondent Ministry of Culture, Tourism and Civil Aviation submitted
that the custom of Kumari has retained a special cultural significance, because the practice
of worshipping Kumari as a living Goddess has remained in vogue since the Middle Ages.
As the petitioner has also accepted this fact, there is no need to repeal the custom of
Kumari. Hence, the writ petition deserved to be dismissed.
The Ministry of Women, Children and Social Welfare replied that the custom of Kumari
which has continued since the Middle Ages could not be abolished or banned and the
petition, therefore, ought to be dismissed.
Replying to the writ petition, the respondent Ministry of Education and Sports contended
that some specific facilities were being provided to Kumaris by the State by mobilizing
the available means and resources. The law has not discriminated against any children in
regard to their schooling; Kumaris have not been deprived of the right to education.
Order for Collection of facts
This court issued an order on February 10, 2006 asking the registry to write to the Ministry
of Culture, Tourism and Civil Aviation to make available within three months, the details of
the arrangements and facilities regarding Kumaris by holding consultations with the
concerned bodies and the persons having special knowledge about the custom of Kumari
as to how the custom of Kumari has been practised and on which religious occasions, and
also what type of facilities have been granted to Kumaris after their retirement.
Petitions of Stakeholders
Ramita Mali and others presented a petition stating that since a girl who is appointed as
Kumari is entitled to lead an ordinary life after her retirement from the post of Kumari in
view of the biological condition and quality of her body, the Kumari culture does not cast
any adverse impact on the girl becoming Kumari as well as on the development of the
society. The custom of Kumari is, therefore, not a social evil. There should be no dispute
about the need for the State to make available proper and necessary facilities for the
protection and continuity of the custom of Kumari .
Likewise, the petition filed by Pramila Bajaracharya and others stated that after her retirement
from the post of Kumari, the concerned girl lead a more respectable life after returning to
normal life and being rehabilitated in the social life. The writ petition deserved to be rejected
as it had asked for absolute freedom without taking into consideration the glorious prestige
and honour of the Kumari culture.
Expenses and Facilities for Kumaris
The Kumari of Kathmandu is entitled to receive a monthly allowance of Rs. 300 as pension,
Rs. 1,000 for ‘Bel Bibaha’ (a kind of symbolic marriage) and Rs. 10,000 towards marriage
expenses. Likewise, the Kumari of Bhaktapur is entitled to get a monthly allowance of Rs.
450 during her tenure as Kumari and, after her retirement from the post, a monthly allowance
of Rs. 100 until she gets married. Similarly, the Kumari of Lalitpur gets a monthly allowance
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