ANDHRA
PRADESH DEVADASIS (PROHIBITION OF DEDICATION) ACT, 1988 THE ANDHRA PRADESH DEVADASIS (PROHIBITION OF DEDICATION) ACT, 1988 [Act No. 10 of 1988] [24th April, 1987] An Act to prohibit the dedication of Women as Devadasis in the
State of Andhra Pradesh. Whereas the practice of
dedicating Women as Devadasis to Hindu dieties, Idols, objects of worship,
temples and other religious institutions or places of worship exists in certain
parts of the State of Andhra Pradesh; and Whereas such practice,
however ancient and pure in its origin, leads many of the women so dedicated to
degradation and to evils like prostitution; and Whereas it is necessary to
put an end to the practice. Be it is necessary to put
an end to the practice. Be it enacted by the
Legislative Assembly of the State of Andhra Pradesh in the Thirty-ninth Year of
the Republic of India as follows:-- (1)
This Act may be called the Andhra Pradesh Devadasis (Prohibition
of Dedication) Act, 1988. (2)
It extends to the whole of the State of Andhra Pradesh. (3)
It shall come into force on such date as the Government may, by
notification in the Andhra Pradesh Gazette, appoint. In this Act, unless the
context otherwise requires,-- (a)
'dedication; means the performance of any act or ceremony by
whatever name called, by which a woman is dedicated to the service of a Hindu
deity, idol, object of worship, temple or other religious institution or place
of worship and includes tying " tali with jakini" to a woman or tying
a woman by a garland to a Garuda Khambham, Dhaahran and deeksha; (b)
"Devadasi" means any woman so dedicated by whatever name
called and includes Basavi, Jogini, Parvathi, Mathamma and Thyamma; (c)
"Government" means the State Government; (d)
" Notification" means a notification published in the
Andhra Pradesh Gazette and the word "notified" shall be construed
accordingly. (e)
"Woman" means female of any age. (1)
The dedication of a woman as Devadasi, whether before or after the
commencement of this Act and whether she has consented to such dedication or
not, is hereby declared unlawful and void; and any woman so dedicated shall not
thereby be deemed to have become incapable of entering into a valid marriage. (2)
Any custom or usage, prevailing in any Hindu community such as the
Bogum, kalavanthula, Sani, Nagavasulu, Devadasi, Kurmapulu, basavi, Jogini and
parvathi and the like, that a woman of that community who gives or takes part
in any melam (nautch,) dancing or music performance in the course of any
procession or otherwise is thereby regarded as having adopted a life of
prostitution and becomes incapable of entering into a valid marriage, and the
performance of any ceremony or act in accordance with any such custom or usage,
whether before or after the commencement of this Act and whether the woman
concerned has consented to such performance or not, are hereby declared
unlawful and void. No marriage contracted by a
woman in accordance with any law, custom or usage shall be invalid and no child
of such marriage shall be considered as illegitimate by reason only of such
woman being a Devadasi'. Any person who performs,
promotes, takes part in or abets the performance of any ceremony or act for
dedicating a woman as devadasi or any ceremony or act connected therewith shall
on conviction be punishable with imprisonment of either description for a term
which may extend to three years but which shall not be less than two years and
with fine which may extend to rupees three thousand but which shall not be less
than rupees two thousand: Provided that where the
person referred to in this section is a parent or guardian or relative of a woman
so dedicated, he shall on conviction be punishable with imprisonment of either
description for a term which may extend to five years but which shall not be
less than two years and with fine which may extend to rupees five thousand but
which shall not be less than rupees three thousand: Provided further that the
woman who is dedicated in such ceremony or act or in respect of whom such
ceremony or act is performed shall not be punishable. Whoever propagates the practice
of dedication of women as Devadasi shall on conviction be punishable with
imprisonment of either description for a term which may extend to three years
but which shall not be less than one year and with fine which may extend to
rupees five thousand but which shall not be less than rupees two thousand. The Government may confer
such powers and impose such duties, on the Collector or any other officer of
the Revenue Department not below the rank of Mandal Revenue Officer, as may be
necessary to ensure that the provisions of this Act, are properly carried out
and may specify the local limits within which such powers or duties shall be
carried out by such officers. It shall be the duty of
every Collector and other officers specified under Section 7 to inquire whether
after the commencement of this Act, the system of Devadasi is being practiced
and if as a result of such enquiry, any such practice is found to exist, he
shall forthwith take such action as may be necessary to put an end to such
practice. The Government may confer,
on an Executive Magistrate, the powers of a Judicial Magistrate of first class
or of the Second Class for the trial of offences under this Act; and on such
conferment of powers, the Executive Magistrate, on whom the powers are so
conferred, shall be deemed for the purposes of the Code of Criminal Procedure,
1973 to be a Judicial Magistrate of the first class, or of the Second Class, as
the case may be. Every offence under this
Act shall be cognizable and non-bailable. (1)
The Government may, by notification, make rules for carrying out
all or any of the purposes of this Act. (2)
Every rule made under this Act shall immediately after it is made,
be laid before the Legislative Assembly of the State if it is in session, and
if it is not in session, in the session immediately following for a total
period of fourteen days which may be comprised in one session or in two
successive sessions and if, before the expiration of the session in which it is
so laid or the session immediately following the Legislative Assembly agrees in
making any modification in the rule or in the annulment of the rule, the rule
shall, from the date on which the modification or annulment is notified, have
effect only in such modified form or shall stand annulled, as the case may be;
so however that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule. (1)
The Andhra Pradesh (Andhra Area) Devadasis (Prevention of Dedication)
Act, 1947 (31 of 1947) is hereby repealed. (2)
On such repeal the provisions of Sections 8 and 18 of the Andhra
Pradesh General Clauses Act, 1891, shall apply.
Preamble - THE ANDHRA PRADESH DEVADASIS (PROHIBITION OF
DEDICATION) ACT, 1988PREAMBLE