Kumari, The ‘Living Goddess’ Of Nepal: Divine Tradition Or Human Rights Violation By - SAKSHI SONI
Kumari, The ‘Living Goddess’ Of Nepal: Divine Tradition Or Human Rights Violation
Authored By - Sakshi
Soni
BALLB
4th
Year
School
of Law, Narsee Monjee Institute of Management Studies, Indore
Kumari,
The ‘Living Goddess’ of Nepal: Divine Tradition Or Human Rights Violation
“Human
rights principles must be internalized by each individual, women and men, and
must be absorbed and expressed in their own ways and within the positive
aspects of their cultural values and beliefs. In order for this to happen,
women must believe in human rights and must believe that these rights will
protect them and not expose them in a battle against the society.”[1]
— Thoraya A. Obaid, UNFPA
Executive Director
Hinduism, one of the world’s major
religions consist of the set of practices which are least defined by the codes
and one of the most greatly defined by variance.[2]
One of the most honored traditions of Hindu worship is designating the women as
‘empowering force’. South Asia has a
long history of identifying and worshipping a prepubescent girl known as ‘Kumari’, a living goddess. In Nepal, the living goddess, Kumari serves as a
source of strength and power for both Hindus and Buddhists. Being a
national identity, Kumari culture is a significant aspect of everyday life of
local Newari Hindu culture. The Kathmandu valley is a home of a thriving,
centuries old tradition of royal Kumaris, whose virginal bodies are
supposed to shield and empower the country and its people.[3]
In Sanskrit, the word ‘Kumari’ signifies "a virgin goddess". The
prevalent custom of Kumari worship can
be traced back throughout South Asia dating back to the Sixth Veda (circa 2000
B.C.E.), where prepubescent females are seen as incarnations (avatara) of the divine goddess, known
as Devi or Shakti.[4] The valley
still practice the tradition of choosing young girls to symbolize the goddess
as Kumari during the duration of the
Hindu festival of Navaratri, often known as “Nine Nights”.
This divine tradition, however, has
recently faced criticism. Many human rights activists have denounced this
particular practice stating that it violates the child’s rights and strongly
contested that the Nepal being the signatory of various Human Rights
Declarations has failed in upholding the interest of these ‘living goddesses.’
It is argued that during
their tenure as Kumaris,
the girls are denied access to basic education and the freedom to move
freely in public.[5] Their
social and academic growth is hampered, leaving them far behind from the other
children of their age.[6] Since the
conditions facing the girls serving as Kumari
are very restrictive and have a long-term detrimental effect on both mental and
physical development, education has been deemed the biggest flaw in the
compensation system created around the Kumari.[7]
I.2. ‘KUMARI’: THE DIVINE TRADITION
Taleju, whose name originates in the
native Newar language and roughly translates as "Goddess of the High Temple," is the deity most commonly
associated with the Nepal's Kumari. Taleju is commonly identified as the “fierce emanation of Durga”, one of the
most popular forms of the great goddess. The identification of the Nepal's Kumaris as the
deities, highlights a crucial aspect of her identity and role as a living
divinity: she is considered as the incarnation of a shakti that guards the
nation from all external threats.
There remain numerous tales behind
the origin of the practice of worshipping the living goddesses.
“The most widely accepted story attributes the last Malla King of
Kathmandu with establishing the first Kumari. Jaya Praksah Malla, a king
reigning in the first half of the eighteenth century, had instituted the
practice of worshipping a living child after falling foul of a goddess with
whom he used to spend afternoon playing dice.”[8]
In the Kumari tradition, Kumaris continue to be treated with the
utmost decency and respect, especially at social and religious gatherings. They
are treated as Kul Devi (Goddess of the Clan) of the Malla dynasty. It is
believed that the Goddess resides in the body of the virgin and protects the
nations from threats and bad events.
The selection procedure for a new
Kumari begins when the existing Kumari turns 11 years old. The Kathmandu
Mahabihar Sangh (Association) first informs the concerned Shakya families about
this procession.[9] Then they
compile the young Shakya girls' horoscopes. There must be no inter-caste
marriages in the last three generations of the intended Kumari's family, and
the wedding must take place within 28 Mahabihars of Kathmandu.[10] Then, the
national astrologer studies selected Kumari’s horoscope and thirty-two traits
to represent as the Goddess. Her horoscope ought to be compatible with Nepal's
horoscope. The Chief Priest of State, concerned Mahabihar Bajracharya priest,
Chitaydar (Caretaker of Kumari), and concerned Guthi Sansthan’s personnel then
visit the Head of State with the offering of betel nut. The proposed
Kumari is given a betel nut by the head of state. Once she receives the betel
nut, she is appointed as Kathmandu's new Raj (Royal) Kumari.
I.3. Research Objective
The tradition of Kumari is seen as a cultural right and glory by the local
communities and the State; however, some human rights activists contend that
Kumari deprives of her fundamental rights. It is contended that the human
rights of Kumaris have been sacrificed at the expense of the culture
and religion. The main objective of the study is to delve into the problems and
controversies surrounding the Kumari tradition in respect of human rights
violation. The paper also aims to examining the Kumari tradition from the lens
of cultural rights and individual rights.
I.4. Research question
The present study has been undertaken
by the researcher keeping in views the following objectives:
?
Whether the Kumari tradition
of Nepal is legacy of honoring girl as a Living Goddess or it is utter
violation of the human rights of the child?
?
Whether the notion of ‘living
goddesses’ infringes the Constitutional provisions of Nepal and the various
International Human Rights instruments, especially, the Convention on the child
rights?
I.5. Literature Review
?
Levy R. in his book ‘Mesocosm:
Hinduism and the Organization of a Traditional Newar City in Nepal’[11]
illustrates the rituals a girl performed once she is selected for the role of Kumari. The girl is taken into a room
and confronted by 108 sacrificed buffalo heads.
She was supposed to remain in the room with the heads without showing
any signs of fear and if she passed the test without showing any indication of
fright, she is declared as the next Kumari, the living goddess of the nation.
?
Isabella Tree in her book ‘The
Living Goddess’[12]
addresses the customary procedure of selecting the ‘royal goddess’ and also
highlights the importance of Kumari
practice for the both Hindu and Buddhist families of Nepal. Sakya and
Vajracharya, the two highest ranked Buddhist castes of Newars in the Kathmandu
Valley, are given high status. From these Buddhist families, the Living Goddess
Kumari is chosen.
?
Binupama Basnet[13] in her ‘A
Sociological Study of Kumari’ addresses
the notion of ‘purity’ associated
with the Kumari’s. If Kumari loses her puberty, her teeth, or the blood in her
body, she will no longer be Kumari. Basnet criticizes the dichotomy of the
custom of worshipping feminine power only through the “pure” medium of a
prepubescent girl while actively degrading menstruating women.
?
Shreejana Shrestha in her study ‘In
Living God Kumari: Story and Reality’[14] stated the urgent
need of the reforms. Formal education should be provided for the Kumari's
development. Therefore, rather than eradicating it, this culture must be
transformed. This culture needs to change in order to keep up with the times.
?
Jane Duran in his paper ‘Hierodulic
Slavery: The Status of Kumari, the Living Goddess’[15] argued that stated that the
worship of the Kumari in Nepal should be abolished as it is a type of modern
times slavery. He describes the origins as a manifestation of Shakti worship
and compares it to the devadasi tradition found in many Indian temples.
I.6. Hypothesis
The tradition of Kumari worshipping in Nepal is a prima facie violation of child’s
rights. It is a discriminatory practice in which number of young girls are
selected at an early age, designated as Kumaris, taken from their homes, and
kept in seclusion. During the time from the commencement of their designation
to puberty, they cannot go out in public alone, do not receive formal
education, and are treated as living goddesses.
I.7. Research Methodology
The present study based on doctrinal
and analytical methodology. Keeping this in view, the researcher has utilized
the conventional method of using libraries consisting of primary sources. The
relevant material is collected from various text books, Case Laws,
Commentaries, News Paper Articles and E-Journals and International humanitarian
legislations. Reports prepared by the United Nations (UN), Committee on the
Rights of the Child (UNCRC), Committee on the Elimination of Discrimination
against Women (CEDAW) and other international organizations etc. has been also
referred for the purpose.
I.8. Scope of the Study
The present paper focuses on the nuances of the Kumari tradition in Nepal and the
related issues
surrounding it in respect of human rights violation. In analyzing the practice
from the perspective of human rights, the study acknowledges the importance of
this religious tradition for the people of Nepal and does not question the role
of traditions and devotion for the state or propose the abolishment of the Kumari tradition. Rather, the paper
recognizes a human component of the Kumari deserving rights and care, religion
is seen as a value for the state, and religious traditions have to be modified
in order to be preserved.
Analysis
II. ‘SHAKTI’ VENERATION: INDIVIDUAL RIGHTS vs CULTURAL RIGHTS
In Kumari culture, there exist numerous controversies. In
socio-cultural perspectives it is related with people’s sentiments but while it
comes under fundamental rights it blurs line of human rights. If it is reformed
with individual rights and cultural rights, it shall receive dignity and
respect. The local communities as well as the State perceive Kumari tradition
as a culture right and glory whereas some human rightist claim the title that
Kumari deprives her fundamental rights.
II.1. Violation
of Individual Rights
“She didn’t know which road led where. She
walked awkwardly with her head held high, and didn’t know what to do when
vehicles honked behind her."[16]
Humans have the liberty and freedom
to pursue their goals, as the Universal Declaration of Human Rights (1948) and
other declarations of human rights serve as a reminder. Children during their
early years have an even higher need for these rights and liberties. However,
it can be argued that the practice of ‘living
goddesses’ contradicts these fundamental notions.
As
soon as a girl is selected for the role of Kumari,
her liberty, choice and freedom sidelined by the customary practices. The
selected girl is ordered to take the final test to show her suitability
for the position of Kumari. The girl is taken into a room and confronted by 108
sacrificed buffalo heads.[17] She was
supposed to remain in the room with the heads without showing any
signs of fear and if she passed the test without showing any indication of
fright, she is declared as the next Kumari, the living goddess of the nation.[18] With her
first period, Kumari loses her status as a deity. It is claimed that Kumari
transforms into an average person on the puberty stage. If Kumari loses
her puberty, her teeth, or the blood in her body, she will no longer be Kumari.
After such occurrences, the process of finding a new Kumari starts immediately.[19]
She has to carry out rituals before
retiring. The dramatic transition of the ex-Kumaris from their status as "royal Goddesses" to "ordinary teenage girl" is
reported to have an adverse psychological impact on their mental health. She
has no idea of the social and domestic surroundings in which she lives. She hardly
even operates the modern technology at home.
The term "Dev maiju" or
"deity female" is used to refer to all ex-Kumaris. The man that
ex-Kumari married was considered to incapable of handle her strength and it
would be fatal for him because she is accustomed to living the life of a
goddess. It is believed that she possesses the power of Goddess Taleju. It will
be extremely challenging for her to fulfil her role as a wife and lead a
typical married life after she retires from being a living goddess.
The Kumari custom is in violation of
rights conferred and duties placed on the State by the 1989 Convention on
the Rights of the Child[20], to which
Nepal is also a signatory. As per the provision of the convention, children
have a right to a nurturing home environment that will allow them to grow up in
a pleasant and understanding atmosphere and develop their personalities to the
fullest extent possible. The State Parties are required by Articles 16, 24, 27,
28, 29, 31, and 32 of the convention to implement suitable judicial,
administrative, and educational measures for the protection and promotion of
the rights given to children by the Articles.
According to Article 1 of the Convention,
children have the right to receive care and rearing from their parents, while
Article 8 gives children the freedom to have close relationships with their
parents. Similarly, Article 9 guarantees children' rights to remain with their
families, while Article 12 gives them the freedom to express themselves
in media. Additionally, Articles 16 and 19 ensure the right against
all forms of torture, abuse, damage, neglect, and exploitation.
Additionally, Article 28 guarantees
the right to get an education, while Article 31 guarantees the right to get
rest and leisure, including the opportunity to play and engage in social
activities. Similarly, Article 32 ensures the right against economic
exploitation and risk as well as the right against any work that may be
damaging to the development of the body, mind, spirit, and family.
The Convention on the
Elimination of All Forms of Discrimination Against Women, 1979, to which
Nepal is a party, imposes upon the State the obligation to take appropriate
legal and other measures for eradicating all forms of discrimination against women
while also guaranteeing the rights of women. Despite this, the State has
disregarded its duty to implement the stated provisions of the
convention to end historical discrimination and exploitation of young
girls in the name of the Kumari tradition (women).
The
International Covenant on Civil and Political Rights, 1966, is also in
violation by the exploitation and discrimination that are perpetuated against
young girls in the name of the Kumari custom. The Covenant's Article 24(1)
forbids discrimination against children based on their race, religion, gender,
nationality, or other characteristics, and it also gives them the right to ask
their families, communities, and governments to uphold their legal rights as
children. The girl children, however, have not been able to avail themselves of
the stated rights due to the Kumari custom.
Article 10 of the International
Covenant on Economic, Social and Cultural Rights of 1966 (ICESCR) and Articles
23 and 24 of the International Covenant on Civil and Political Rights of 1966
(ICCPR) also appear to be significant in the context of child's rights.
According to Article 10(1) of the ICESCR, the State is required to provide the
family institution with the maximum amount of protection because parents are
expected to play a substantial part in the care, upbringing, and education of
their children.
Additionally, clause (3) requires the
State to place restrictions on paid work of children who are younger than the
precise age limit set for employment in order to safeguard the children from
potential economic and social exploitation and from hazardous employment.
Similar to this, Article 24 of the ICCPR guarantees every child the right to
equality against all forms of discrimination, in contrast to Article 23(1) of
the ICCPR, which calls for the protection of the family by society and the
State.
The
practice of ‘living goddess’ also is in contradiction of The Act Relating to Children, 2075 (2018)[21].
It is Nepal’s consolidation of the laws relating to children in order to
maintain the best interests of the children, by respecting, protecting,
promoting, and fulfilling the rights of the child.
II.2. Violation
of Cultural Rights
“Cultural
identity is more important than political identity. As we move toward assuring
essential human rights for all, we should preserve those customs that make us
who we are ... he people of Nepal, who need and seek peace, harmony, and
reconciliation, need Kumari’s blessings more than ever.”[22]
The tradition has come under
criticism, but it has also been defended by the Nepalese government and members
of the Newar community. It is asserted that, the criticism stems from the envy
of the western ideologies for the rich Newari culture and cannot be
altered.[23] Women
from the Newari women's organizations emphasized the prestige that comes with
the role of a Kumari in response to the contention of the alleged human
rights violation. Many pro-Kumari activists contend that the fact that the
girl, who belongs to a low caste, gets elevated in society as a result of her
election as Kumari, while the relatives receive financial support for the rest
of the child's life, is a sign of their sacrifice.[24]
The custom of worshipping a
pre-pubescent girl, who is not a born goddess, as the source of supreme power
is an old Hindu-Buddhist tradition; that still continues to this day in Nepal.
According to Article 32 of The Constitution of Nepal 2015 AD, it declares:
“Every person and community shall have the right to use their languages.
Every person and community shall have the right to participate in the cultural
life of their communities. Every Nepalese community residing in Nepal shall
have the right to preserve and promote its language, script, culture, cultural
civilization and heritage.”
The freedom to maintain one's own
independent existence and to run one's own religious institutions and trusts
has been provided by the Constitution to every religious community. Similar to
this, Article 32(2) declares that everyone has the right to take part in their
community's cultural life. The right of every Nepalese community living in
Nepal to conserve and advance its language, script, culture, and historical
legacy is also stated in Article 32(3). Every person who professes religious
belief is entitled to the freedom to profess, practice, and preserve their
religion in accordance with their beliefs, according to Article 26(1).
Ancient
mythology serves as the foundation of Kumari tradition. The State and the local
people of the Nepal consider the Kumari tradition as a cultural
right and glory. In the landmark ruling of Pun Devi Maharjan v. Government
of Nepal[25]
the Court determined there is no infringement of fundamental rights of Kumaris,
because Kumaris is not a kind of work so that there are no child labor issues
and Kumaris are not prohibited by law from studying. However, court pronounced
that comprehensive research should be conducted by the State in order to
protect the interest of the Kumari’s.
The hon’ble court observed that:
“It seems desirable to introduce
timely reforms in the Kumari culture through the
means of social security for the Kumaris and ex-Kumaris and also, as it is appropriate to
conduct an extensive study of how their rights and interests and social security can be
promoted by adopting which type of economic, social, legal and administrative measures,
after renewing their existing condition and keeping in view the provisions of the Constitution of Nepal and the international human rights instruments relating to the rights of women and children, signed by Nepal.”
means of social security for the Kumaris and ex-Kumaris and also, as it is appropriate to
conduct an extensive study of how their rights and interests and social security can be
promoted by adopting which type of economic, social, legal and administrative measures,
after renewing their existing condition and keeping in view the provisions of the Constitution of Nepal and the international human rights instruments relating to the rights of women and children, signed by Nepal.”
CONCLUSION and SUGGESTIONS
III.1. CONCLUSION: Ordinary Girl and Goddess
From the lens of socio-cultural
perspective, the divine tradition of Kumari is linked to human sentiments, but
all aspects of the human rights recognized by the international community
should be provided to those Kumari girls as they followed a transformation
cycle from girl to Goddess and from Goddess to ordinary human being. Basic
human rights related to those should be protected in order to preserve the
centuries-old practice of Kumari culture as well as the cultural rights to
enable them to adapt in society following their transformation from Goddess to
girl. With official backing, the government and related community can take
significant action to change the practice's ambiguities and safeguard human and
cultural rights while protecting the living goddesses' respect and dignity and
improving their quality of life for the rest of their lives.
It appears crucial to establish a
precise process for Kumari's daily upbringing and care. Kumari's mental and
physical health must be safeguarded. For improvement, there should be adequate
formal education and a high-quality life for them. As a result, the State must
balance individual and cultural rights in order to preserve Kumari tradition.
III.1. SUGGESTIONS
A. To conduct necessary
initiatives in cooperation and consultation with the National Human Rights
Commission and the relevant community's specialists in order to bring Kumari's
tradition into line with principles and standards that uphold human rights.
B. To initiate and implement
adequate initiatives for the social security and rehabilitation of the former
Kumaris.
C. To conduct public
awareness campaigns aimed at fostering an environment that allows the
concerned community to exercise its right to practice its religion and culture
through the Kumari custom, without jeopardizing the interest of the
Kumari girls.
D. International and
regional authorities should ensure access to basic education and health care
services to Kumaris.
[1] Quotes on Human Rights, UNFPA (2004)
https://www.unfpa.org/resources/quotes-human-rights
[2] Flood, Gavin, An Introduction to Hinduism, Cambridge
University Press (1996)
[3] Dr. Jeffrey S. Lidke, Royal Kumari - The Goddess Who Peers Through
the Eyes of a Child, Sutra Journal
(2015)
http://www.sutrajournal.com/royal-kumari-the-goddess-who-peers-through-the-eyes-of-a-child
[4] Id
[5] Letizia, Chiara, 'The goddess Kumari at the Supreme Court. Divine kinship and secularism
in Nepal', 32-46 Journal of Global
and Historical Anthropology.
[6] Id at 38
[7] Supra
note 5, 37
[8] Tree, Isabella. The Living Goddess,
Penguins Books. 2014.
[9] Sigdel, Sangita, Living Goddess: Kumari Culture in Nepal (2021).
http://dx.doi.org/10.2139/ssrn.3855279
[10] Id at 7
[11] Levy R. Mesocosm, Hinduism and the Organization of a Traditional Newar City in Nepal,
University of California Press, 1990
[12] Isabella Tree, The Living Goddess, Penguins Books (2014)
[13] Basnet, Binupama. A Sociological Study of Kumari, Tribhuvan
University )2002)
[14] Shreejana Shrestha, Living Goddess Kumari: Story and Reality, (2005).
[15] Jane Duran, Hierodulic Slavery, 10 International
Journal of Feminist Approaches to Bioethics, 144-153, University of Toronto Press (2017)
https://www.jstor.org/stable/10.2307/90019567
[16] Berry, Scott. From Goddess to Mortal, Vajra
Publications. (2005)
[17] A. Michael, 'Kumari or “virgin” worship in Kathmandu Valley', 306 Contribution to Indian Sociology (1976)
[18] Allen, Michael R., The Cult of Kumari: virgin worship in Nepal, Madhab Lal Maharjan, Kathmandu, Nepal,
(1996)
[19] Supra note …Sigdel, Sangita, Living
Goddess: Kumari Culture in Nepal at 15
[20] Convention on the Rights of the Child
(CRC),
https://www.unicef.org/child-rights-convention#:~:text=In%201989%2C%20world%20leaders%20made,children's%20lives%20around%20the%20world.
[21] The
Act Relating to Children, 2075 (2018) www.lawcommission.gov.np.
[22] http://www.sutrajournal.com/royal-kumari-the-goddess-who-peers-through-the-eyes-of-a-child
[23] Government of Nepal, CEDAW, p. 33
[24] Supra
note 5, Letizia, 'The goddess Kumari in
the supreme court', at 38
[25] Writ No. 3581 of the year 2062 B.S