No Devadasi Dedication Practice Currently Prevalent In Karnataka, State Tells Supreme Court
The Karnataka government recently told the Supreme Court that the Devadasi dedication system is not currently prevalent in the State, based on inquiries conducted by officials in 15 districts in which it was historically prevalent.
The 15 districts are – Bellary, Koppal, Yadgir, Kalaburagi, Davangere, Haveri, Vijayanagara, Dharwad, Shivamogga, Vijayapura, Belagavi, Raichur, Gadag, Chitradurga and Bagalkot.
However, the State acknowledged that former Devadasis continue to reside in these districts and that measures are required to prevent any revival of the practice.
“That, on the basis of the information and reports received from the concerned Dcvadasi Dedication Prohibition Officers in consultation with the police department, the State respectfully submits that the Devadasi system, in the sense of dedication of women or girls as Dcvadasis. is not presently in practice in any of the fifteen districts referred to in the earlier affidavit”, the affidavit filed by the State government states.
As per the affidavit, the Women and Child Development Department and the Karnataka State Women Development Corporation undertook a district-wise verification exercise, involving inquiries with Devadasi Dedication Prohibition Officers and the police.
The verification exercise was undertaken pursuant to the Court's earlier direction seeking clarity on whether the system continued in districts where it had historically been prevalent. The affidavit states that the authorities it did not rely solely on historical records or the absence of recent criminal cases, but sought information from officials responsible for preventing dedication as well as law-enforcement authorities.
According to the affidavit, field-level authorities reported no present or continuing dedication in the districts covered by the exercise. It also states that no fresh cases have been reported in recent years and the available official inputs did not indicate that the practice was continuing in any of the 15 districts.
A bench of Justice Augustine George Masih and Justice R. Mahadevan on Thursday took note of the State's affidavit and directed it to provide further details of the rehabilitation measures and awareness initiatives undertaken to address the practice, and listed the case after 4 weeks.
“The State shall give the details with regard to the efforts being made for the rehabilitation and awareness as measures as pointed out therein”, the Court ordered.
In the affidavit, the government has clarified that the continued presence of former Devadasis in these districts does not, by itself, establish that the dedication system persists. It has also submitted that participation in religious activities, including prayers, bhajans and ceremonies associated with local deities, cannot alone be treated as evidence of prohibited dedication.
The State has informed the Court that 33 cases have been registered after the Karnataka Devadasis (Prohibition of Dedication) Act, 1982 came into force, of which 12 resulted in convictions. The remaining cases are at different stages of inquiry and hearing. The State has told the Court that efforts are being made to ensure that the pending cases are decided.
The affidavit also details measures undertaken by the State for the rehabilitation and mainstreaming of affected families. It states that a Devadasi Rehabilitation Programme is being implemented in 15 districts, alongside awareness and information, education and communication activities to prevent dedication. The measures include support for education, self-employment and financial assistance for children and descendants of former Devadasis.
The government has further stated that it has directed officials to report any attempted dedication to the relevant prohibition officers and the police. It has said that the response mechanisms would be reviewed and strengthened through coordination among departments, sensitisation of police and field-level officials, and continued monitoring.
The affidavit was filed in a matter arising from a property dispute between Kamalabai and others and Shivappa, also known as Shivayogi. The dispute relates to a claim of succession said to have originated from the alleged dedication of Mayawwa, which took place before the 1982 Act came into force. The State was impleaded in the proceedings for the limited purpose of placing the current status of the practice before the Court.
The amicus curiae sought time to place additional material and facts before the Court. The bench granted two weeks for this purpose and exempted the amicus from filing a separate affidavit.
The Court directed that the matter be listed after four weeks as a part-heard matter.
Appearance –
For Petitioner: Mr. Ameet Kumar Deshpande, Sr. Adv. Mr. Akshat Shrivastava- 1991, AOR Mrs. Pooja Shrivastava, Adv.
For Respondents: Ms. Patil Rekha Chandra Gouda- 3361, AOR Mr. Nishanth Patil
AAG Mr. Rajesh Gulab Inamdar, AOR Mr. Shashwat Anand, Adv. Ms. Rakshita Singh, Adv. Mr. Ritik Grover, Adv.