[1][Tamil Nadu]
Devadasis (Prevention of Dedication) Act, 1947[2]
[3][Tamil Nadu Act
31 of 1947][4]
[27th January, 1948]
An Act to
prevent the dedication of women as devadasis in the [5][State
or Tamil Nadu].
Whereas the practice still prevails in certain parts of the [6][State
of Tamil Nadu] of dedicating women as “devadasis” to Hindu deities, idols,
objects of worship, temples and other religious institutions;
And whereas such practice, however ancient and pure in its origin, leads
many of the women he dedicated to a life of prostitution;
And whereas it is necessary to put an end to the practice; It is hereby
enacted as follows.
Section - 1. Short title and extent.
(1) This Act may be
called the [7][Tamil Nadu] Devadasis
(Prevention of Dedication) Act, 1947.
(2) It extends to
the whole of the [8]State
of Tamil Nadu].
Section - 2. Definitions.
In this Act,
unless there is anything repugnant in the subject or context.
(a) “dedication”
means the performance of any 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, and includes ‘pottukattu’ ‘gajjepuja’
‘mudri’ and dancing by ‘Kumbhaharathy’
(b) “devadasi”
means any woman so dedicated;
(c) “woman” means a
female of any age.
Section - 3. Dedication as devadasi to be unlawful.
(1) The dedication
of a woman as a 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) Nothing
contained in this sub-section shall be deemed to affect the operation of [9][section
34 of the Madras Hindu Religious and Charitable Endowments Act, 1951[10]]
(Madras Act XIX of 1951) or the rights to which a devadasi is entitled under
that section.
(3) Any custom or
usage prevailing in any Hindu community such as the Bogum, Kalavanthula, Safti,
Nagavasulu, Devadasi and Kurmapulu, 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.
(4) Dancing by a
woman, with or without kumbhaharathy, in the precincts of any temple or
other religious institution, or in any procession of a Hindu deity, idol or
object of worship installed in any such temple or institution or at any
festival or ceremony held in respect of such a deity, idol or object of
worship, [11][] is hereby declared
unlawful.
[12][* * *]
Section - 4. Penalty.
(1) Any person
having attained the age of sixteen years who after the commencement of this Act
performs, permits, takes part in, or abets the performance of any ceremony or
act for dedicating a woman as a devadasi or any ceremony or act of the nature
referred to in section 3, sub-section (2), shall be punishable with simple
imprisonment for a term which may extend to six months or with fine which may
extend to five hundred rupees, or with both.
Explanation. The
person referred to in this section shall include the woman in respect of whom
such ceremony or act is performed.
(2) Any person
having attained the age of sixteen years who dances in contravention of the
provisions of section 3, sub-section (3), or who abets dancing in contravention
of the said provisions, shall be punishable with simple imprisonment for a term
which may extend to six months or with fine which may extend to five hundred
rupees, or with both.
Section - 5. Cognizance and trial of offences.
No Court
inferior to that of a Presidency Magistrate[13] or
a Magistrate of the First Class[14] shall
inquire into or try any offence punishable under section 4.
[1] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[2] Received the assent
of the Governor-General on the 11th January, 1948; first published in the Fort
St. George Gazette on the 27th January, 1948.
[3] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[4] For Statement of
Objects and Reasons, see Fort St. George Gazette, dated the 22nd July, 1947,
Part IV-A, page 131.
This
Act was extended to the merged State of Pudukkottai by section 3 of, and the
First Schedule to, the Tamil Nadu Merited States (Laws) Act, 1949 (Tamil Nadu
Act XXXV of 1949).
This
Act was extended to the Kanyakumari district and the Shencottah taluk of the
Tirunelveli district by section 3 of and the Schedule to, the Tamil Nadu
(Transferred Territory) Extension of Laws Act, 1957 (Tamil Nadu Act XXII of
1957).
[5] This expression was
substituted for the expression “Province of Madras” by the Tamil Nadu
Adaptation of Laws Order, 1970, which was deemed to have come into force on the
14th January, 1969.
[6] This expression was
substituted for the expression “Province of Madras” by the Tamil Nadu
Adaptation of Laws Order, 1970, which was deemed to have come into force on the
14th January, 1969.
[7] These words were
substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order,
1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
[8] This expression was
substituted for the expression “State of Madras” by the Tamil Nadu Adaptation
of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969.
[9] These words and
figures were substituted for the vords, figures and letter “section 44-A of the
Madras Hindu Religious Endowments Act, 1926” by section 4 of, and the Third
Schedule to, the Tamil Nadu. Repealing and Amending Act, 1957 (Tamil Nadu Act
XXV of 1957).
[10] see now the Tamil
Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of
1959), section 40.
[11] So far as the added
territories are concerned the words “or in any marriage procession or other
procession taken out in public streets” and the Explanation were omitted by
section 4 of, and the Second Schedule to, the Tamil Nadu (Added Territories)
Extension of Laws Act, 1962 (Tamil Nadu Act 14 of 1962).
[12] So far as the added
territories are concerned the words “or in any marriage procession or other
procession taken out in public streets” and the Explanation were omitted by section
4 of, and the Second Schedule to, the Tamil Nadu (Added Territories) Extension
of Laws Act, 1962 (Tamil Nadu Act 14 of 1962).
[13] According to clauses
(a) and (c) of sub-section (3) of section 3 of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974), which came into force on the 1st April, 1974, any
reference to a Magistrate of the first class shall be construed as a reference
to a Judicial Magistrate of the first class and any reference to a Presidency
Magistrate shall be construed as a reference to a Metropolitan Magistrate.
[14] According to clauses
(a) and (c) of sub-section (3) of section 3 of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974), which came into force on the 1st April, 1974, any
reference to a Magistrate of the first class shall be construed as a reference
to a Judicial Magistrate of the first class and any reference to a Presidency
Magistrate shall be construed as a reference to a Metropolitan Magistrate.