also a matter to be taken into judicial notice by this court that the Kumaris do not have to involve themselves in “work”. Kumaris are not found to have done “work” nor have they been engaged in work. The study reports show that the “work” to be done by the Kumaris is to sit at a designated holy place or “mandap” wearing a specified dress as the living Goddess during the special religious or cultural festivals and to accept the worship and prayers offered by the devotees, treating them as “a living Goddess”. That is to say, Kumari is used to be worshipped with devotion as an incarnation of Goddess. Because the Kumaris do not have to involve in work by investing their physical labour, it is not proper to say that the custom of Kumari is a custom prevailing in contravention of the children’s right granted by Art. 22, the right against torture enshrined in Art. 26 and the right against exploitation embodied in Art. 29 of the Interim Constitution of Nepal, 2063 B.S. The custom of Kumari appears to exist as an integral part of the religious, social and cultural rights of the Nepalese people belonging to the Hindu and Bhuddhist religious sects. Every religion has got its own values and features. For example, the Christian people celebrate December 25 as the birthday of Jesus Christ whereas the Muslims celebrate ‘Eid-ul-Fitr’ and ‘Bakrid’. Similarly, the religious followers of the custom of Kumari celebrate their various festivals like ‘Dashain” by worshipping Kumari as a Goddess. Thus, the rights available to those girls as per the Constitution and the rights granted by the international human rights instruments including the Convention on the Child Rights do not seem to have been infringed just because those girls function as Kumaris. It is a belief under the Hindu religion to worship idols and various creatures in the form of God on the occasion of various festivals. Worshipping various Gods and Goddesses apart, in accordance with our custom, among the Hindus, it has been a practice to worship the elder and the younger brothers as God on a specific day during the festival of ‘Tihar’. Even dogs and crows are also worshipped for one day. In the same way, Kumaris are also treated and worshipped as a Goddess. Thus every religion has got these types of specific features. Another plea of the petitioner is concerned with the prayer for issuing an appropriate order for the enforcement of the Kumaris right to get education which has been infringed. Art.7 of the Constitution grants every child the right to get education in his /her own mother tongue. It has also granted every child the right to get education free of cost up to the secondary level. Article 28 of the Convention on the child rights has also provided for imparting to every child primary level education free of cost and made the attendance of children in school compulsory, thus making higher education accessible. Children’s right to education is treated as a fundamental and inherent right. Even if there is any belief or custom or practice prohibiting the acquisition of education, such an approach cannot be validated. Children are the human resources of the nation. The act of making a nation developed and prosperous is chiefly a function of the human resources. The children’s right to education provided by the Constitution cannot be allowed to be infringed in the name of any custom, practice, belief or conservative approach. No law has imposed any restriction on Kumaris against getting an education. And since the Kumaris can go to school to get education, thus this Court could not agree to the contention of the petitioner that the right of the Kumaris to get education had been infringed. 127

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