Abolishing A Sacred Bondage - Karnataka’s Devadasi Bill, 2025
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Category: General Law
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ABOLISHING A SACRED BONDAGE: KARNATAKA’S
DEVADASI BILL, 2025
Ambika Mishra, Haveli Institute of Legal Studies and Research
ABSTRACT
The Devadasi Bill 2025 represents a crucial legislative initiative aimed at abolishing the ancient and exploitative practice of devadasi, where young girls are dedicated to religious service and subsequently subjected to sexual exploitation. This article provides a comprehensive analysis of the Bill's provisions, its historical context, and the sociocultural challenges it seeks to address. The practice of devadasi has persisted in parts of India, often justified under the guise of tradition and spirituality, despite its negative implications for women's rights and social equity. The Bill seeks to criminalize the act of dedicating minors as devadasis and offers legal remedies for those who have been exploited under this guise.
The article delves into the legislative journey leading up to the 2025 Bill, highlighting the work of activists, non-governmental organizations, and lawmakers who have tirelessly fought against this practice. It discusses the voice of survivors and the importance of their testimonies in shaping the Bill. Additionally, the article critiques existing laws and their ineffectiveness in curbing this practice, emphasizing the need for a robust legal framework that not only prohibits the dedication of devadasis but also provides support systems for rehabilitation and reintegration of former devadasis into society. Furthermore, the article evaluates potential barriers to the implementation of the Bill, including sociocultural resistance and the inadequacy of existing support networks for affected individuals.
The need for community awareness and education is highlighted as vital for transforming societal attitudes towards the practice. Lastly, the article anticipates the impact of the Devadasi Bill 2025 on the broader movement for women's rights in India, arguing that its successful enactment could pave the way for similar legislative measures aimed at eradicating other forms of gendered violence and discrimination. Through a multi-faceted approach, the article posits that the Bill has the potential to reclaim the dignity of countless women and galvanize societal change towards gender equality. Keywords: Devadasi bill, Exploitation, Abolition, violation and Discrimination
Introduction In the dusty lanes of a few northern Karnataka villages , an ancient tradition still lingers in whispers and shadows . The Devadasi system , once cloaked in the sanctity of temple service ,has long since shed its spiritual robe to reveal a reality of exploitation and lifelong stigma . Girls , often from the most , marginalised communities ,are dedicated in ceremonies that bind them not to divinity ,but to cycle of poverty ,abuse ,and social exclusion . For decades, Karnataka has carried laws on its books to end this practice the most notable being the 1982 prohibition act yet the system has proved stubborn , finding shelter in superstition , patriarchy ,and silence . The new devadasi (Prevention , Prohibition , Relief and Rehabilitation )Bill 2025 arrives with the promise of not just stronger punishments ,but also meaningful rehabilitation for the survivors .
It places temple committees under the scrutiny , recognises the rights of children born into the system, and aims to make the law harder to evade. This is more than just another statute; it is a statement of the intent that a tradition , however old , cannot stand when its strips away dignity and equality . whether this Bill can finally break a cycle centuries in the making will depend on how firmly the law is carried into the very communities it seeks to change. Background and Histories The Devadasi system is a traditional practice that has deep historical roots in India, particularly in the southern regions. The word "Devadasi" translates to "female servant of God. " Historically, young girls were dedicated to a deity in a temple in a ceremony that marked their entry into this system.
These women were responsible for performing various rituals and dances within the temple, often seen as a form of religious devotion. The origins of the Devadasi system can be traced back several centuries, with references found in ancient texts, including the Vedas and the epics like Mahabharata. Initially, the Devadasis held a respected position in society. They were artists and custodians of culture, recognized for their skills in dance, music, and other forms of art. Their performances were integral to temple rituals and community celebrations, symbolizing a divine connection. However, over the years, the status of Devadasis declined significantly. During British colonial rule, the system saw considerable changes. Social reformers, alongside colonial authorities, criticized and sought to
abolish the practice due to its association with sexual exploitation. By this time, many Devadasis were marginalized, often facing poverty and social stigma. The system that began as a form of devotion and cultural expression became intertwined with issues of exploitation and abuse. In the early 20th century, various movements emerged to challenge the Devadasi system. Reformers like Mahatma Gandhi and others fought against the exploitation linked to the practice, advocating for women's rights and social reform. Laws were enacted in several Indian states to outlaw the practice and protect the rights of women involved, yet the remnants of this tradition persist in certain areas. While the practice is officially abolished in many regions, remnants of the tradition can still be seen in some communities, often under different guises.
The women who were once celebrated as guardians of culture now face challenges related to their identity, social standing, and livelihood. Efforts continue to rehabilitate and empower former Devadasis, helping them reintegrate into society and find sustainable means of living. The Devadasi system reflects a rich yet troubling tapestry of India's cultural, religious, and social evolution. Understanding its history and the plight of its practitioners sheds light on broader issues regarding women's rights, exploitation, and the ongoing struggle for cultural recognition and respect in modern society. What is Devadasi system & Devadasi system bill? The Devadasi system refers to a traditional practice in some parts of India where young girls are dedicated to a deity or temple and often become temple dancers or performers.
This system has roots in ancient practices but has been criticized for leading to the exploitation and trafficking of women. The Devadasi System Bill aims to abolish this practice and protect the rights of women who have been affected by it. Essentially, the bill seeks to ensure that these women are not forced into this life and provides them with legal protection and support to lead a dignified life. It is part of broader efforts to combat gender-based violence and discrimination in society. Need for the 2025 Bill The Devadasi system has long been a practice in some parts of India, where young girls are
dedicated to a deity and often forced into a life of servitude, which can include sexual exploitation. The need for a Devadasi System Bill in 2025 arises from the urgent requirement to protect the rights of women and girls who are vulnerable to this practice, as well as to bring an end to the social stigma and discrimination they face. The recent bill aims to formally abolish the Devadasi system and criminalize its practice. It seeks to provide legal recognition and protection for victims, ensuring they receive support and resources for rehabilitation. Additionally, the bill would include measures for public awareness campaigns to educate communities about the harmful effects of the system and promote gender equality.
The Devadasi System Bill of 2025 is intended to eradicate the outdated practice of dedicating women to a life of servitude, providing them with legal protections, and addressing the social injustices associated with this tradition. About the 2025 Bil The Karnataka State Cabinet has officially approved a significant new law, the Karnataka Devadasi (Prevention, Prohibition, Redress and Rehabilitation) Act, 2025. This groundbreaking bill, which will be introduced in the Legislative Assembly, aims to completely dismantle the deeply rooted and harmful Devadasi system. This new law is not just an update to older ones; it is a comprehensive and modern approach to a centuries-old problem. It replaces the previous laws from 1982 and 2009, which were not fully effective in stopping the practice. This bill was created by a team at the National Law School of India University in Bengaluru.
For seven months, they worked with over 15,000 Devadasi women and community members in Karnataka to understand their needs. They also collaborated with the government, NGOs, and other experts to draft the bill. Instead of just punishing the practice, this new legislation takes a holistic and rights-based approach. It seeks to provide justice, accountability, and institutional transformation. The goal is not just to offer temporary help but to lay the final groundwork for permanently ending the Devadasi system in Karnataka Important provisions of the bill The Karnataka Devadasi (Prevention, Prohibition, Relief and Rehabilitation) Bill, 2025 lays down clear rules to completely stop the practice of dedicating women and girls to temples.
Based on constitutional and social justice values The bill is firmly rooted in the Indian Constitution's promise of equality for all. It supports the Karnataka government's vision of helping marginalized communities by fighting against oppression based on caste and gender. Created with Community Input This is a bill for the people, by the people. It was developed in an unprecedented way, with direct feedback from over 15,000 Devadasi women, their children, and community leaders across 16 districts. This ensures the law truly reflects the needs and experiences of those it is meant to help. Banning and Criminalizing the Practice The law puts in place strong legal protections to end the Devadasi system for good. It includes tough punishments for those who continue the practice, while also focusing on educating people to prevent it from happening in the first place.
Relief and Rehabilitation The bill guarantees that Devadasi women will get timely access to vital services like healthcare, housing, education, pensions, and job opportunities. It creates new systems at the local, district, and state levels to make sure this support is delivered effectively. Protecting the Rights of Children A groundbreaking part of this law is its focus on children. It ensures that children born to
Devadasi women have the right to claim their father's identity, as well as property and financial support. It also puts safeguards in place to protect these children from being excluded or stigmatized in public life. Empowering the Community Governance The law gives Devadasi women and youth a voice by including them in the decision-making and monitoring committees. This allows the community to take ownership of the law's implementation and hold everyone accountable.
Easy to Understand and Use The bill is written in a simple, easy-to-read language, much like the Right to Information (RTI) Act. This design makes the law accessible to people at the grassroots level, recognizing Devadasi families not as victims, but as active citizens with a full set of rights. Constitutionality and legal framework The Karnataka Devadasi Bill, 2025, draws its strength from the Constitution of India and several existing laws that protect the dignity and rights of women and children. Article 14 - Equality Before Law Every individual, regardless of birth, caste, or gender is entitled to equal treatment under the law. The Devadasi system violates this principle by forcing a specific group of women into a life of servitude, solely because of tradition or caste identity.
Article 15-Prohibition of Discrimination This Article bars the State from discriminating on the basis of religion, race, caste, sex, or place of birth. By targeting women from marginalised communities, the Devadasi practice is a direct breach of this constitutional safeguard. Article 21- Right to Life and Dignity The supreme court of India is said that the right to life under article 21 of the constitution is not just about being alive physically. It’s about living a full, meaningful life with dignity. The Bill aligns with this principle by seeking to free women from exploitation and restore their selfrespect. Link with POCSO Act & Juvenile Justice Act Many Devadasi dedications involve minors, making them offences under the Protection of Children from Sexual Offences (POCSO) Act.
The Juvenile Justice (Care and Protection of Children) Act also comes into play, ensuring that children rescued from the system receive care, rehabilitation, and protection from further harm.
Constitutional Morality In landmark judgments like Navtej Singh Johar v. Union of India and Indian Young Lawyers Association v. State of Kerala (Sabarimala case), the Supreme Court emphasised that laws must reflect constitutional morality rather than blind adherence to social customs. The Devadasi Bill echoes this idea, recognising that traditions cannot override fundamental rights. By weaving together constitutional guarantees, child protection laws, and the principle of constitutional morality, the Bill positions itself not merely as a social reform, but as a constitutional necessity Comparative analysis The old laws (1982 and 2009) • 1982 Law: This was the first law to officially ban the Devadasi system in Karnataka. It also said that these women still had all their legal rights, including the right to marry.
Anyone involved in the practice could be punished, with family members getting harsher sentences. 2009/2010 Amendment: This update made the 1982 law much stronger. • Proactive Action: It gave magistrates the power to step in and stop a dedication before it happened. • Rehabilitation: It made it a legal duty to rescue, care for, and help Devadasi women get back on their feet. • Tougher Punishment: The crimes were made more serious, becoming "cognizable" (police can arrest without a warrant) and "non-bailable. " • New Officers: It created specific officers to enforce the ban, who had some police-like powers.
2. The New Bill (2025)
This new bill is a completely different approach. It was created with the help of the women
themselves and is focused on human rights and empowerment, not just punishment. New Language and Mindset: It uses new terms like "conscientisation" to mean helping people become aware and liberated. It acknowledges that Devadasis are known by many different names, showing a deeper understanding of the community. A Focus on Rights, Not Just Laws:
For Children: A major change is that children of Devadasi women can now legally claim their biological father's identity, ask for financial support, and inherit his property. The bill makes these children fully legitimate under the law. It also protects them from being discriminated against in schools or with official documents. • For Women and Families: The bill ensures that Devadasi families, even up to three generations, have the right to healthcare, dignity, education, and housing. It promotes the use of non-harmful language. Community-Led Governance: • Empowered Officers: The role of the Devadasi Prohibition Officers is expanded to include not just enforcement, but also raising social awareness. • Voice and Ownership: The bill gives Devadasi women and their community a strong voice, making them partners in the law's implementation rather than just people being helped by it.
Rights of the children Not addressed Limited Strong legitimacy, property, no forced paternal disclosure Health & education Not addressed Limited under rehabilitation Explicit guarantees of the free healthcare & education Role of the state Penal approach Expanded duty to prevent &rehabilitate Proactive, participatory, developmental state Community involvement Not emphasised partial Core to governance structure (taluka committees ,etc) o The 1982 Act: This law's main goal was to make the Devadasi system a crime. o The 2010 Amendment: This update added more ways to enforce the law and required the government to help Devadasi women. o The 2025 Model Bill: This proposed law is a complete overhaul. Instead of just banning the practice, it focuses on helping Devadasi women and their children in a comprehensive way.
It gives them rights and addresses issues like healthcare, education, and dignity, with a goal of correcting past wrongs for future generations. Laws and Act against the Devadasi system • Karnataka Devadasis Act 1982: This law banned making a girl a Devadasi in Karnataka. • Tamil Nadu Devadasis Act 1947: This was a very early law that made it illegal and void to dedicate a woman as a Devadasi, no matter if she agreed or not. It was passed before India's independence. • Andhra Pradesh Devadasis Act 1988: Similar to the other state laws, this act also makes the Devadasi practice against the law. • Maharashtra Devadasis System Act 2005: This law went a step further. It not only banned the practice but also gave Devadasi women and their children legal rights, like
the right to a valid marriage and for their children to inherit property. General Laws Used to Fight the Devadasi System: • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989): This law is used to prosecute people who are not from a Scheduled Caste or Tribe but are involved in the dedication of a Devadasi. However, it often doesn't apply because most of the time, the dedication is done by family members who are from the same community. • Indian Penal Code (IPC) (1860): The IPC has a section (Section 370) that makes it illegal to traffic people for exploitation, which can be used to prosecute those who force girls into the Devadasi system. • Immoral Traffic Prevention Act (ITPA) (1956): Since the Devadasi system often involves sexual exploitation, this act is used to fight it. It makes it illegal to operate brothels or force someone into prostitution.
The penalties are very severe, with traffickers facing a long time in prison. • Juvenile Justice (JJ) Act (2015): Many girls are forced into the Devadasi system when they are still children. This act is crucial because it helps protect them as "children in need of care and protection. " • Protection of Children Against Sexual Offences (POCSO) Act: If the Devadasi girl is a minor, this act can be used to prosecute anyone who commits a sexual offense against her. • Protection of Women from Domestic Violence Act (2005): This act provides a way for a Devadasi woman to seek help and legal remedies if she is facing domestic violence Major Challenges in Fighting the Devadasi System Despite laws and efforts, ending the Devadasi system is still difficult due to several key issues:
1. Public Attitudes are Hard to Change: The biggest challenge is that many communities
still accept and even celebrate the Devadasi system as a tradition. This makes it very
difficult for public awareness campaigns to be effective and truly change people's behaviour.
2. Health Risks are High: Young girls forced into this system are at a huge risk of
contracting serious sexually transmitted diseases, including AIDS.
3. Police are Not Always Helpful: Local police often fail to act on their own (suo motu)
or register cases brought to them, especially in rural areas. This is often due to pressure from the community, which believes in the tradition.
4. Fear of Social Backlash: Even when people know the system is wrong, they are often
afraid to report it. They worry about how their community and society will react, which prevents many victims or witnesses from coming forward.
5. Focus on Help, Not Prevention: Authorities tend to focus more on helping older
Devadasi women through benefit programs rather than actively stopping new dedications from happening. There is also a lack of teamwork between different government departments and agencies.
6. Victims are Afraid to Speak Out: It is very hard to get victims to file complaints,
especially when the crime was committed by their own family members. Even if a case is filed, the victim might refuse to cooperate later because of pressure or fear, making it difficult to prosecute the offenders. Areas of Criticism While the bill is generally well-received, some potential issues and debates have been raised, primarily from a legal and implementation standpoint. • Enforcement Challenges: Some legal experts and activists question whether the new, harsher penalties for offenders will be effectively enforced. Previous laws also had punishments, but a lack of political will, police apathy, and social pressure often prevented prosecutions. The bill's success will depend on a robust and committed institutional framework. • Bureaucratic Resistance: There have been reports of initial resistance from government
officials. For example, some revenue officials reportedly expressed concerns that the new provisions regarding a child's right to property without mandatory paternal identity could complicate inheritance and land records. • Age Limit on Surveys: A separate but related concern has been raised regarding a proposed government survey to identify Devadasi women. A documentary filmmaker raised concerns that an age limit of 41 years for the survey would exclude many younger Devadasi women and girls who were dedicated at a very young age. This could result in them being left out of the rehabilitation and benefit schemes. • Potential for Misuse of Paternity Clause: While the paternity provision is widely lauded, there may be debates about the legal implications and potential for misuse.
However, the bill's detailed legal process for proving paternity (including through district-level committees and court-ordered DNA tests) is designed to mitigate such issues. • Scope and Reach: While the bill is a strong legal framework, its true impact will be determined by its ability to penetrate rural areas where the practice is most prevalent and often hidden. The debate will continue on whether the institutional mechanisms and awareness campaigns will be sufficient to overcome deep-seated superstition and social pressure. Case laws While a new, landmark bill is currently being proposed in Karnataka, the fight against the Devadasi system has a long legal history, marked by various case laws. These cases highlight the judiciary's consistent condemnation of the practice and its efforts to uphold the fundamental rights of women and children. Supreme Court Rulings: S. L.
Foundation vs. Union of India (2016): The Supreme Court called the practice "evil" and ordered states, especially Karnataka, Maharashtra, and Andhra Pradesh, to strictly enforce laws to stop it. This showed that even with laws in place, the system was still a problem.
Vishal Jeet vs. Union of India (1990): The court said that police officers should be investigated if they let this practice happen in their area. This made it clear that government officials are also responsible for fighting this system. High Court Rulings: Kamalamma vs. The State of Karnataka (1987): The Karnataka High Court confirmed that the state's 1982 law banning the Devadasi system was valid under the constitution. This was an important step in making sure the law had the power to stop the tradition. Conclusion The Devadasi system is an old practice that took away the dignity and freedom of many women in the name of tradition. Even though it was banned earlier, it continued in secret, harming the most vulnerable sections of society. The Karnataka Devadasi Bill, 2025, is an important step to finally end this exploitation.
By punishing those who force or support dedication, giving rights to children of Devadasis, and holding temple committees responsible, the Bill tries to bring both justice and protection. More than just banning a ritual, it aims to give women and children a life of respect and equality. Still, the law will work only if it is properly implemented. Awareness, rehabilitation, and strict action against offenders are key. This Bill reminds us that no tradition can be more important than human dignity and that every woman deserves to live with freedom, respect, and equality.