The Telangana Devadasis (Prohibition of Dedication) Act, 1988

THE TELANGANA DEVADASIS (PROHIBITION OF DEDICATION) ACT, 1988. (ACT NO. 10 OF 1988) ARRANGEMENT OF SECTIONS Sections 1. Short title, extent and commencement. 2. Definitions. 3. Dedication as Devadasi to be un-lawful. 4. Marriage of Devadasis. 5. Penalties. 6. Punishment for propagation. 7. Powers to be conferred on Collector. 8. Duties of Collector and other officers. 9. Offences to be tried by Executive Magistrates. 10. Offences under the Act to be cognizable and non- bailable. 11. Power to make rules. 12. Repeal and saving. THE TELANGANA DEVADASIS (PROHIBITION OF DEDICATION) ACT, 1988.1 ACT No. 10 OF 1988. 1. (1) This Act may be called the 2Telangana Devadasis Short title, extent (Prohibition of Dedication) Act, 1988. and commencement. (2) It extends to the whole of the State of 2Telangana. (3) It shall come into force on such date as the Government may, by notification in the 2Telangana Gazette, appoint. 2. In this Act, unless the context otherwise requires,- Definitions. (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 diety, 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, dhaarana 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; 1. The Andhra Pradesh Devadasis (Prohibition of Dedication) Act, 1988 received the assent of the President on the 25th March, 1988. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.14, Scheduled Castes Development (POA) Department, dated 28.04.2016. 2. Substituted by G.O.Ms.No.14, Scheduled Castes Development (POA) Department, dated 28.04.2016. 2 [Act No. 10 of 1988] (d) “notification” means a notification published in the 3Telangana Gazette and the word “notified” shall be construed accordingly. (e) “Woman” means female of any age. Dedication as 3. (1) The dedication of a woman as Devadasi, whether Devadasi to be before or after the commencement of this Act and whether un-lawful. 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. Marriage of 4. No marriage contracted by a woman in accordance Devadasis. 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‟. Penalties. 5. Any person who performs, promotes, takes part in or abets the performance of any ceremony or act for 3. Substituted by G.O.Ms.No.14, Scheduled Castes Development (POA) Department, dated 28.04.2016. [Act No.10 of 1988] 3 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. 6. Whoever propogates the practice of dedication of Punishment for propagation. 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. 7. The Government may confer such powers and impose Powers to be conferred on such duties, on the Collector or any other officer of the Collector. 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 officer. 4 [Act No. 10 of 1988] Duties of Collector 8. It shall be the duty of every Collector and other officers 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. Offences to be 9. The Government may confer, on an Executive tried by Executive Magistrate the powers of a Judicial Magistrate of first class Magistrates. 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 Act 2 of 1974. Procedure, 1973 to be a Judicial Magistrate of the First Class, or of the Second Class, as the case may be. Offences under 10. Every offence under this Act shall be cognizable and the Act to be non-bailable. cognizable and non-bailable. Power to make 11. (1) The Government may, by notification make rules for rules. 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 4Legislature 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 4Legislature agrees in making any modification in the rule or in the annulment of 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 4. Substituted by G.O.Ms.No.14, Scheduled Castes Development (POA) Department, dated 28.04.2016. [Act No.10 of 1988] 5 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. 12. (1) The Andhra Pradesh (Andhra Area) Devadasis Repeal and (Prevention of Dedication) Act, 1947 is hereby repealed. saving. Act XXXI of 1947 (2) On such repeal the provisions of sections 8 and 18 of the 5Telangana General Clauses Act, 1891, shall apply. Act 1 of 1891 * * * 5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.