Devadasi System: Historical Background and Supreme Court Stance

The term ‘devadasi’ literally means “female slave to god”. At present, the devadasi system is mainly prevalent in Karnataka, Andhra Pradesh and Maharashtra and it is widely prevalent among the ‘Beriya’ and ‘Nat’ communities.

Historical Background

Origin of Devadasi tradition goes as back as sixth century when the young girls, often from wealthy family backgrounds were dedicated to the local temples. After they would have gone through the dedication ceremony, they would be ‘married’ to the deity. They would then act as temple care-takers and performed rituals, dancing and music in the honor of the deity.

During those days, devadasis enjoyed great respect as they were married to the deities. They were considered auspicious and committed to a life without marriage. Their special status prevented them from marrying human husbands.  Their main duties were to take care of the temple and learn classical Indian dances especially bharatanatyam, which they used to perform during rituals in the temple.

Over time, the tradition started deteriorating, particularly during medieval sultanate, mughal and British periods. With the destruction of large number of temples and loss of patronage, their status in the society degraded leading to their exploitation. Many Devadasis became mistresses of the local royal or noblemen. The children born of such union would be dedicated to the temples.  The daughters born from such unions would be dedicated to the temple while the sons would be trained as musicians. This led to the religious prostitution in temples of India which continues till date. However, in some cases, the Devadasis would have rights such as ability to own, manage, and transfer property, which for most women were vested only in their husbands.

Nevertheless, despite its honorable past, the devadasi system became a vehicle for institutionalized sexual exploitation of the poorest segments of Indian society.

Extent of Problem

The Devadasi system is prevalent only in few states, however, the problem is considered to be a national one. This is for two main reasons. Firstly, though the geographic concentration of the system is limited, the trafficking of girls from other parts of India to make them Devadasis makes it a bigger problem. Secondly, many of the Devadasis are taken to Mumbai / Kolkata or other cities to work in brothels.

Why the devadasi system is still practiced?

The Devadasi system continues to survive because of a complex cocktail of religious pressures, economic necessity and social beliefs.

Religious beliefs

There are still people who believe that when they dedicate young girl to deity, the deity will be happy and bless their family.

Social pressure

Today, most of the Devadasis belong to lower classes of the society. Some families believe that offering their daughter will improve their social status and view it as a way to rise in the rigid caste system.

Poor enforcement of law

It is contended that state governments are not strictly enforcing the laws which checks the Devadasi system. Further, the funds allotted for the rehabilitation of girls have not been utilized properly.

Legal Framework

Various laws have been enacted in the past to stop the menace of Devadasi system.

• It was first outlawed in 1924 under the British rule,
• Bombay Devadasi Protection Act, 1934,
• Madras Devadasi (Prevention of Dedication) Act of 1947
• Karnataka Devadasi (Prohibition of Dedication) Act, 1982
• Andhra Pradesh Devadasi (Prohibition of Dedication) Act, 1988
• Maharashtra Devadasi (Abolition of Dedication) Act, 2006

Apart from the above, the section 372 of the IPC prohibits selling minors for purpose of prostitution. Immoral Traffic (Prevention) Act, 1956, also makes prostitution in or the vicinity of public places an offence.

Supreme Court Stance

In February 2016, Supreme Court has taken a stern stance in condemning the illegal practice of dedicating young girls as devadasis. It has described the practice as an evil done to women by subjecting them to sexual exploitation and prostitution. The issue was brought to the court’s attention by Kerala-based NGO, S.L. Foundation, which blamed the laid back approach of the State authorities and the police forces of Karnataka, Andhra Pradesh, Maharashtra and Tamil Nadu to the problem.

Further, the Supreme Court has directed all States and Union Territories, especially Karnataka, Maharashtra, Andhra Pradesh, to strictly enforce the directives to check such an unethical practice.

Earlier in February 2014, Supreme Court directed the Chief Secretary of Karnataka to prevent the girls being forced to become devadasis in a temple function at uttarang Mala Durga temple in Karnataka.

Past verdicts

The Supreme Court in the case of Vishal Jeet Vs. Union of India, 1990 echoed the same sentiments and had observed that desired results have not been achieved in checking the Devadasi system in spite of the stringent and rehabilitative provisions of law under various acts.