Order for Constituting a Study Committee This court, through its order issued on October 31, 2006, observed that the petitioner did not seem to have taken a plea for the total abolition of the custom of Kumari. On the other hand the stakeholders as well as the respondents, too, seemed to have consented for the promotion of the Kumari culture and for the protection of the rights of the girls becoming Kumari. Prior to the final decision of this writ petition, this Court felt the need to have clear knowledge about the issues, such as, what kind of impact has been made by the custom of Kumari on the religion, culture and society of the Kathmandu valley?; whether or not there is a need for introducing timely reform and changes in the continuation of its ‘status quo’?; and what is the status of the protection and enforcement of the human rights of the girls who have been made Kumari? This court, therefore, constituted a committee as mentioned below with a mandate to study those issues and submit a report on them within three months. The court also instructed to present the writ petition for further hearing after the submission of the report of the Committee. The Composition of the Committee ♦ Joint Secretary to Nepal Government, Ministry of Culture, Tourism and Civil Aviation ......................................................................... ........Convener ♦ Writ Petitioner Pun Devi Maharjan ...................................................Member ♦ On behalf of the stakeholders Dr. Chanda Bajracharya.......................Member ♦ An expert on the history and culture of the Kathmandu Valley .............Member Mandate of the Committee 1) To study about the custom of Kumari and its historical, social, religious and cultural significance and impact. 2) To study about the state of the enforcement and protection of the rights of the girls who are made Kumari, available to them in accordance with the Constitution of the Kingdom of Nepal, 1990, the Children Act, 2048 B.S. (1991), and the universal principles of human rights. 3) To identify the areas regarding the custom of Kumari which need timely reforms. Study Reports The Study Committee constituted in accordance with the directive of this court submitted its report with the following observations: The living Goddess Kumari has lived as an expressive institution of the Nepali culture. The custom of Kumari has continued to remain as a very important practice in the daily life of the Newar Culture of the Kathmandu Valley. Living Goddess Kumari, who has incessantly continued to be in existence right from the Malla period till present, occupies a higher position in the society. The people belonging to other religious sects also look at the Kumari with equal respect. The study showed that, generally, girls are appointed as Kumaris at the age of four or even less. After attaining menstruation, a girl becomes ineligible to continue as Kumari. On the 115

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