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The Andhra Pradesh Devadasis (Prohibition of Dedication) Act, 1988.

Andhra Pradesh · state statute
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THE ANDHRA PRADESH 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 unlawful
4. Marriage of Devadasis
5. Penalties
6. Punishment for propogation
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
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THE ANDHRA PRADESH DEVADASIS (PROHIBITION OF DEDICATION)
 ACT, 1988
(Act No 10 of 1988)
(31st March, 1988)
AN ACT TO PROHIBIT THE DEDICATION OF WOMEN AS DEVADASI IN
THE STATE OF ANDHRA PRADESH.
whereas the practice of dedicating women as Devadasis to Hindu dieties,
Idols, objects of worship, temples and other religious institutions or places of
worship exists in certain parts of the State of Andhra Pradesh; and
whereas such practice, however ancient and pure in its origin, leads
many of the women so dedicated to degradation and to evils like prostitution;
and
whereas it is necessary to put an end to the practice.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Thirty-Ninth Year of the Republic of India as follows:-
1. Short title, extent and commencement -(1) This Act may be called the
Andhra Pradesh Devadasis (Prohibition of Dedication) Act, 1988.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by
notification in the Andhra Pradesh Gazette, appoint.
2. Definitions -In this Act, unless the context otherwise requires,-
(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;
(d) "notification" means a notification published in the Andhra
Pradesh Gazette and the word "notified" shall be construed
accordingly;
(e) "Woman" means female of any age.
3. Dedication as Devadasi to be unlawful -(1) The dedication of a woman as
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) Any custom or usage, prevailing in any Hindu community such as the
Begum, 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
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woman concerned has consented to such performance or not, are hereby
declared unlawful and void.
4. Marriage of Devadasis -No marriage contracted by a woman in accordance
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’.
5. Penalties -Any person who performs, promotes, takes part in or abets the
performance of any ceremony or act for 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. Punishment for propogation -Whoever propogates the practice of
dedication of 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. Powers to be conferred on Collector -The Government may confer such
powers and impose such duties, on the Collector or any other officer of the
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 officers.
8. Duties of Collector and other officers -It shall be the duty of every
Collector 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.
9. Offences to be tried by Executive Magistrates -The Government may
confer, on an Executive Magistrate, the powers of a Judicial Magistrate of first
class 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
Procedure, 1973 to be a Judicial Magistrate of the first class, or of the Second
Class, as the case may be.
10. Offences under the Act to be cognizable and non-bailable -Every
offence under this Act shall be cognizable and non-bailable.
11. Power to make rules -(1) The Government may, by notification, make
rules for 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 Legislative Assembly 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
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sessions and if, before the expiration of the session in which it is so laid or the
session immediately following the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, 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 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. Repeal and Saving -(1) The Andhra Pradesh (Andhra Area) Devadasis
(Prevention of Dedication) Act, 1947 (Act XXXI of 1947) is hereby repealed.
(2) On such repeal the provisions of sections 8 and 18 of the Andhra
Pradesh General Clauses Act, 1891(Act 1 of 1891), shall apply.

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