DEVADASI SYSTEM : LEGAL MECHANISM

NISHANTH CHAKKERE R.

INTRODUCTION• Devadasi – “ servant of God”.

• Girl (mostly Dalit) dedicated to service of the temple.

• Celibate for the rest of her life.

• Learnt Bharatanatyam and Odissi - temple dancers.

• Prevalence in Orissa, Karnataka, Andhra Pradesh, Maharashtra and Tamil Nadu.

HISTORYANCIENT AND MEDIEVAL INDIA• Kalidasa’s Meghdoot- first reference.• Custom of dedication became prevalent in 6th

Century.• Muslim invaders– temples lost popularity in North

India– Devadasi system absent.• Cholas – Devar Adigalar• Puri Jagannath Temple – Mahari Devadasi -- never

practiced prostitution.• Yellamma cult – Northern Karnataka.

COLONIAL PERIOD

21ST CENTURY:“My name is Yellamma, I have been a Devadasi all my life. I am the last of ten children and I was born with matted hair. It's always been like this.”

HISTORY BRITISH COLONIAL PERIOD1. REFORMISTS:• Sought to eradicate the pratice.• British soldiers– venereal diseases– prostitute

registration– Devadasis forcefully registered and hospitalised.

• Anti-Nautch movement– prevention of dedication and dancing in temples.

2. REVIVALISTS:• Sought to revive Devadasi system– abolishing religious

exploitation.

SOCIAL STATUSPREVIOUS:• Very high status– no stigma.• Legitimization of children.• Immune from widowhood– AKHANDA

SAUBHAGYAWATI.

TODAY:• Largely sexual exploitation.• Caste based discrimination.• Huge social stigma and ostracization.• Vulnerable.• Very low life expectancy – less than 50 years.

STATISTICS

• Karnataka- more than 20,000.

• Andhra Pradesh + Telangana– more than 16000.

• Maharashtra – 8000 – Devadasi maintenance allowance.

• Tamil Nadu Government claim – abolished.

• Orissa – 1 – Puri Temple.

LAW

• Bombay Devadasi Protection Act, 1934 – first direct legislation.

According to this act, marriage by a Devadasi was to be considered lawful and valid, and the children from such wedlock were to be treated as legitimate. • Madras Devadasi (Prevention of Dedication) Act --

outlawed dedication in the southern Madras Presidency.

• Suppression of Immoral Traffic in Women and Children Act, 1984 – prostitution and brothel keeping.

LAW contd…GOVERNMENT OF KARNATAKADEVADASI SAMPOORNA NISHEDHA ACT, 1984• Complete eradication of the Devadasi system.Provisions of the act:• 1. Whether the girl has consented to it or otherwise,

the practice is illegal.• 2. All and any marriages of the Devadasis (with

village men, documented or otherwise) is legal and the children of such marriages are legitimates.

• 3. The act provides for punishment in the form of up to three years imprisonment and a fine of Rupees 2000. This can be extended to five years imprisonment and Rupees 5000 in fine.

DIFFICULTIES

• Poor knowledge of law enforcing authorities.

• Confused with prostitution.

• Stigma.

• Political support.

• Religious sanction.

• Voluntary dedication.

SOLUTIONS• A Central Government legislation.

• Strict enforcement of laws.

• Separate Commission in South India.

• Rehabilitation.

• Educational and Social awareness.

• Employment opportunities.

CONCLUSION• Devadasi system is a social evil that has no

place in a democratic and civilised society of the 21st century.

• The use of religion to commit these crimes are even more shameful.

• Education is key to eliminating the evil.

• Opportunities and rehabilitation of the exploited girls.

THANK YOU