The Andhra Pradesh Devadasis (Prohibition of Dedication) Rules, 2015
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Social Welfare Department – The Andhra Pradesh Devadasis (Prohibition of
Dedication) Rules, 2015 – Notification Orders – Issued.
SOCIAL WELFARE (CV. PCR) DEPARTMENT
G.O.Ms.No:100 Dated: 09.12.2015
Read
the following:
Ref: 1. G.O.Ms.No. 80,
(PCR), Dept, Dated, 03.12.2010.
2. G.O.Ms.No. 7, (PCR), Dept, Dated,
14.3.2012
3.
From the Commissioner of Social Welfare, A.P., Hyd
Lr.Rc.No.H1/3166/
2012, dt.30.11.2013.
4.
Govt. Memo No.425/SW.PCR/2012, dt.03.04.2014,
09.04.2014
and 02.02.2015.
5. From
the CSW, A.P., Hyd., Lr.Rc.No. G1/3166/2012,
dt.11.05.2013.
*****
ORDER:
The following Notification
will be published in the A.P Gazette:-
NOTIFICATION
In exercise of the powers conferred under
sub-sections (1) and (2) of section 11 of the Andhra Pradesh Devadasis
(Prohibition of Dedication) Act, 1988 (Act No 10 of 1988) and of all other
powers here into enabling , the Government of Andhra Pradesh hereby makes the
following Rules, namely:-
1. SHORT TITLE AND COMMENCEMENT:
(1) These rules may be called the
Andhra Pradesh Devadasis (Prohibition of Dedication) Rules,
2015.
(2) They shall come into force on
the date of their publication in the Official Gazette.
2. DEFINITIONS:
(I) In these rules, unless the context otherwise
requires:-
(a) "Act"
means the Andhra Pradesh Devadasis (Prohibition
of
Dedication) Act, 1988;
(b) “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 deity, 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;
(c) “Devadasi” means any woman so dedicated by whatever name called and
includes Basavi, Jogini, Parvathi, Mathamma and Thayamma;
(d) “Government” means the State Government of Andhra Pradesh;
(e) “Notification” means a notification published in the Andhra Pradesh Gazette
and the word “notified” shall be construed accordingly;
(f) “Temple” means a place by whatever
designation known, dedicated to, or used as a place of worship; and includes a
place deemed to be used as a place of worship.
(g) “Woman” means a female human being of any age;
(h) "Commissioner" means the Commissioner of
Social Welfare, Andhra Pradesh State; and it includes Director of Social
Welfare wherever the situation exists so.
(i) “Occurrence” means a happening or event.
(j) “Protection Cell” means a cell constituted for the
purpose of facilitating awareness on the Andhra Pradesh Devadasis (Prohibition
of Dedication) Act, 1988 through Non Government Organisations and to gain
information on the incidences and likely potential areas.
(k) “Protection officer” means an officer of Women,
Child, Disabled and Senior Citizens Department not below the cadre of Child
Development Project Officer.
(l) “Perform” means the act of doing.
(m) “Persistence” means continuance.
(II) Words and expressions used in there rules but not
defined herein shall carry the same meanings as are assigned to them in the
Act.
3. MARRIAGE OF DEVADASI:
“Devadasi” can enter into a valid marriage. A child
born of Devadasi out of reasonable period of cohabitation with a person is a
legitimate person in Law and has all rights under the Law including that of
inheritance.
4. ACTIVITIES
CONSIDERED AS OFFENCE AND ELIGIBLE TO IMPOSE PUNISHMENT:
(1) “Performer”
is the person, who actually performs the act of dedication.
(2) ”Promoter” is the person, who through
exhortations, inducements or coercion contributes to the persistence of the
practice of dedication.
(3) “Abettor” is the person who through
culpable negligence or covertly or openly permit the dedication, prevent the
contracting of lawful marriage, and fail to act under the law to prevent and/or
to initiate legal action on wrong doers, and any person who coerces or induces
a woman or her parents, guardians or her relatives to dedicate.
(4) “Propagator” is the person, who propagates
the practice of dedication of women as Devadasi.
5. AUTHORITIES RESPONSIBLE
FOR THE IMPLEMENTATION OF THE ACT:
(1) The Government may confer the powers of Judicial
First Class Magistrate on the Executive Magistrate/ Tahsildar/ MRO for
conducting the trial of the offences under the Act. The District Collector/
Revenue Divisional Officer and Tahsildar will perform their duties within their
respective Revenue Division.
(2) The Sub-Divisional Magistrate and a Police Officer
not below the rank of Deputy Superintendent of Police shall immediately visit
the place of dedication within 24 hours of occurrence of such an incident and
cause an enquiry and submit report to the court.
(3) The Government may confer the powers of
Judicial First Class Magistrate on the Executive Magistrate not below the rank
of sub-divisional Magistrate and such Executive Magistrate shall be competent
to try the cases under the Act.
(4) Investigating Officer: The officer-in-charge of a Police Station shall
investigate the offences under the Act. He / She shall investigate within a
period of 30 days from the day of registration of the FIR. He / She is also
empowered to investigate against any person who prevents lawful marriage of
Devadasi or their Children. If the Devadasi belongs to Scheduled Castes and
Scheduled Tribes The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 and The Protection of Civil Rights Act, 1955 shall be
made applicable while registering the case.
(5) Setting
up of Protection Cell and Protection Officer: The State
Government shall designate a Protection Cell and a Women Protection Officer in
every district for such women.
(6) Functions
of the Cell:
(I) The Cell shall take the assistance of
Non-Governmental Organizations for gaining information on the incidences /
likely potential areas and individuals including both victims and perpetrators
of such cases.
(II) A record of such information shall be maintained by
the Cell.
(III) The Cell shall facilitate the conduct of awareness
camps by Non- Governmental Organizations.
(IV) The Cell shall guide the victims in filing the
complaint in
the Police Station.
6. PREVENTIVE MEASURES:
(1) Setting up of Vigilance & Monitoring
Committees to Review implementation of Act:
(A) There shall be a District Level Vigilance &
Monitoring Committee consisting of the following members:
(1) Additional District Magistrate : Chairman
looking after the Law
& Order
(2) Additional Superintendent of
Police : Member
looking after the Law &
Order
(3) Sub-Divisional Magistrate : Members
(all
Divisions)
(4) Retired Dist. Judge /Addl.
Dist. : Member
Magistrate/ Judicial
Magistrate
(as nominated by the
District Magistrate)
(5) Non- Govt. Organization : Two
Members
(who
are engaged in the
welfare
activities of Devadasi)
(6) Executive
Director, District SCSC Society : Member
(7) Joint
Director/ Deputy
Director : Member
Convener
Social
Welfare Department
The
Committee shall meet once in every quarter.
(B) District
Level Vigilance & Monitoring Committee shall be
performing the following duties:
(1) The Committee shall identify temples and religious
institutions with a history of dedications and issue instructions to the Trusty
or people concerned with management of such institutions to render a sworn
affidavit to the effect that no dedications are being performed or permitted
further.
(2) Conduct surveys periodically to identify Devadasi
Women.
(3) The Police and Revenue Officials in their
jurisdiction shall supervise and take all necessary steps to prevent such
dedication and such supervision shall not be restricted for creating awareness
by organizing camps particularly in Devadasi prone villages.
(4) Take cognizance of offence and initiate criminal
proceedings against the offenders under the Act.
(5) The Committee shall ensure that if the girl is a
minor, she must be kept either in the custody of her mother or
her family or placed in a rescue home and she must be provided with medical
aid.
(6) Ensure the rehabilitation of Devadasi women as per
rehabilitation. Quarterly reports shall be sent to the State Level Vigilance
& Monitoring Committee.
(7) The Committee shall ensure the follow up of
the rehabilitation of Devadasi women till the time the Committee certifies that
rehabilitation is complete.
(c) Sensitization
and Training:
(1) A module on The Andhra Pradesh Devadasis
(Prohibition of Dedicaiton) Act, 1988 may be included in the curriculum of the Police Training colleges and Police Academy to sensitize and train Police Officers.
(Prohibition of Dedicaiton) Act, 1988 may be included in the curriculum of the Police Training colleges and Police Academy to sensitize and train Police Officers.
(2) Orientation Training on the Andhra Pradesh
Devadasis (Prohibition of Dedicaton) Act, 1988 shall be given to the
Sub-Divisional Magistrates, Mandal Executive Magistrates, Joint Directors/
Deputy Directors (Social Welfare), Assistant Social Welfare Officers, Executive
Directors, District SCSC Society, Law Officers, the Members of the
District Vigilance and Monitoring Committee, public representatives and
Panchayat Raj Institutions.
(3) Regular sensitization programmers for general
public and teachers through use of mass-media shall be taken up.
(D) There shall be a State Level Vigilance &
Monitoring Committee Consisting of
the
following Members:
(1) Minister
for Social Welfare Empowerment : Chairman
and Tribal Welfare
Empowerment.
(2)
Minister for Home Department. :
Member
(3)
Minister for Women, Child, Disabled :
Member
And
Senior Citizens Dept.
(4)
Principal Secretary to Govt., :
Member
Home
Dept.
(5)
Principal Secretary to Govt., : Member
Tribal Welfare Dept.
(6)
Principal Secretary to Govt., Women, Child,
Disabled
and Senior Citizens Dept. :
Member
(7)
Director General of Police. :
Member
(8)
Secretary to Govt., Law Dept. :
Member
(9)
Commissioner/ Director, Social Welfare. :
Member
(10)
Managing Director, APSCCFC Ltd. :
Member
(11)
Two Non-Govt. Organizations : Member
(who are engaged in the
welfare
activities of
Devadasi)
(12)
Principal Secretary to Govt.,
Social Welfare Dept. : Member Convener.
The
Committee shall review the status of Implementation of the Act on half yearly
basis and shall send the reports to the Govt.
7. RELIEF &
REHABILITATION:
(1) The Government shall from time to time fix appropriate
and suitable relief, rehabilitation to the victims under the A.P. Devadasis
(Prohibition of Dedication) Act, 1988 and lay down the procedure for providing
such relief and rehabilitation.
(2) The relief and rehabilitation shall include but not limited to,
(I) Providing
a house of not less than 250 sq.ft. plith area (as
per
the norms of the Housing Department).
(ii) Economic
assistance for gainful employment.
(iii)
Free education of children in Govt. Social Welfare & Tribal
Welfare
Residential Schools upto XII Standard.
(iv)
Declare the debt (bonded) if any or part of any debt
(bonded) shall be deemed to
have been extinguished as per the
Bonded Labour System (Abolition)
Act, 1976.
(V)
Incentives as applicable for inter-caste marriage.
(BY ORDER AND IN THE NAME OF
THE GOVERNOR OF ANDHRA PRADESH)
Dr.
VIJAY KUMAR
PRINCIPAL SECRETARY TO
GOVERNMENT
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