on the Kumaris of other places. As regards their dress, the Kumaris of Bhaktpur and
Bungamati are free to wear the dress of their choice except while they are seated in their
official chair. However, the prevailing custom compels the Kumaris of other places to
wear only a red dress. Although, after their retirement, there seem to be no any specific
problems in regard to the process of socialization of the Kumaris including their married
life, experience shows that it is not easy for the Basantpur and Mubahal Kumaris to get
married after their retirement. Even though there is a social belief at other places too that
the Kumaris should not get married, there is no restriction imposed on their getting married.
What is worth considering and important is the fact that the above mentioned Kumaris’
right to get education, the right to family life, the right to movement, the right to entertainment,
the right to medical treatment, the right to married life, the freedom of dress etc. [or restriction
on them] are not based on any specific document such as ‘tamrapatra’ (copper plate
inscriptions), ‘shilapatra’(stone inscriptions), ‘sacad’ (circular), ‘sawal’ (rule), etc. Those
rights have been continuously recognized till today only on the basis of traditions, customs,
practices, beliefs, etc. What is worth considering and important is that there is no such law
or written document having the force of law which imposes rules on not studying or going
to school, on not going for medical treatment in case of illness, on staying alone after
renouncing one’s family and other similar restrictions on other rights related to the right to
life.
As regards the second question, the study reports and the written replies also show that,
except in the matters relating to the age of the girl and the role to be played by her in her
capacity as Kumari after her selection for that post, variations that were due to separate
beliefs and practices prevalent in the customs of Kumaris of different places were discovered
in regard to other matters like study, residence, dress, food, medical treatment, movement,
and family relation. It was also found that there were beliefs that the Kumaris of some
places could study but should not go to school, should not stay at home with their families,
must stay at the Kumari house and must wear red clothes;they should not go out of their
house nor should they get treatment from a medical doctor or develop food habits according
to their choice.
It is the main contention of the petitioner that the girls appointed as Kumaris have been
deprived of the enjoyment of the rights granted by the Convention on the Child Rights,
1989, the Convention on the Elimination of All Forms of Discrimination against Women,
1979, the International Covenant on Economic, Social and Cultural Rights, 1966, the
International Covenant on Civil and Political Rights, 1966, ratified by Nepal, and the Interim
constitution of Nepal, 2063 (B.S.). Therefore, this Court should issue an appropriate order
directing the State to make proper arrangements enabling them to enjoy those rights and
also to make proper arrangements for the social security and rehabilitation of the exKumaris. The petitioner has chiefly raised the issue of the protection of the human rights of
the girls who become Kumari and those girls and women who have acted as Kumaris in
the past and of the need to guarantee their social security. The respondents also appear not
to be in disagreement with the need for the protection of the human rights and social
security of the Kumaris and the ex-Kumaris. The Kumaris are also Nepali girls and citizens
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