ANDHRA PRADESH (ANDHRA AREA) DEVADASIS (PREVENTION OF DEDICATION) ACT, 1947

ANDHRA PRADESH (ANDHRA AREA) DEVADASIS (PREVENTION OF DEDICATION) ACT, 1947

Preamble - ANDHRA PRADESH (ANDHRA AREA) DEVADASIS (PREVENTION OF DEDICATION) ACT, 1947

[1]THE ANDHRA PRADESH (ANDHRA AREA) DEVADASIS (PREVENTION OF DEDICATION) ACT, 1947

[Act No. 31 of 1947]

[27th January, 1948]

PREAMBLE

An Act to prevent the dedication of women as devadasis in the [2][Andhra area of the State of Andhra Pradesh].

Whereas The Practice Still Prevails In Certain Parts Of The [3][Andhra Area Of The State Of Andhra Pradesh] 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 So 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 [4][the Andhra Pradesh (Andhra Area) Devadasis (Prevention of Dedication) Act, 1947.]

(2)     It extends to the whole of the [5][Andhra area of the State of Andhra Pradesh.]

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.

Nothing contained in this sub-section shall be deemed to affect the operation of [6][section 34 of the Andhra Pradesh (Andhra Area) Hindu Religious and Charitable Endowments Act, 1951 (Act XIX of 1951),] or the rights to which a devadasi is entitled under that section.

(2)     Any custom or usage prevailing in any Hindu community such as the Bogum, Kalavanthula, Sani, 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.

(3)     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, [7][or in any marriage procession or other procession taken out in public streets] is hereby declared unlawful.

[8][Explanation--For the purposes of this sub-section, 'public street' means a road, street, way or other place, whether a thoroughfare or not, to which the public are granted access or over which they have a right to pass.]

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 [9][* * *] a Magistrate of the First Class shall inquire into or try any offence punishable under section 4.