“India’s Devadasis Trapped In A Generational Cycle Of Poverty And Prostitution” By : Swetalika Das

“India’s Devadasis Trapped In A Generational Cycle Of Poverty And Prostitution”

 

Authored By  : Swetalika Das

Student

Semester: 9th

Course Name: B.A. L.L.B (H)

Amity University Kolkata

Abstract

The Devadasi system is socio-legal practice that has been practiced for long years in India. However, because of the increase in the exploitation of women sexually and other illegal activities, the system was on the verge of being abolished. Even though the laws have outlawed the practice, it is still prevalent in some areas in different forms and manners. The Devadasis who are said to be dedicated to God are merely used by the Upper-class people, priests, and other powerful people through prostitution. However, the Devadasis cannot always continue with the practice and when they attain the age of 40 years, they’re compelled to leave the practice and start begging. This research paper purposes to find the main contributing factors in the dedication of the girls to this system and in which way the Devadasis are entrapped in a generational cycle of poverty and prostitution. It also aims to study the prevalence of central and state legislations on Devadasis in India and to suggest relevant recommendations to tackle the related issues.

Keywords: Devadasi, Prostitution, Poverty, Women, Practice

Introduction to Devadasi System

The term “Devadasi” is a Sanskrit term that depicts a woman as a servant of GOD (Dev) or GODDESS (Devi). The Devadasi system is set back to the 16th century when it was a religious practice and was more prevalent in Southern States of India such as Madras, Mumbai, Mysore, etc. Under the Devadasi system, the girl is dedicated to the Hindu deities for worship when she hits the age of pre-puberty and later gets married to the deities by their parents for the rest of her life. After the marriage ceremony, they act as the temple caretaker and are compelled to do singing and dancing for the sake of the honor of the deity. They were trained in all types of classical music and dance forms and had a high status in society because they were considered   auspicious for the temple since they were so committed to the deity.

However, events turned around when the Mughals and Britishers started their rule in India. Since they were not aware of the religious practice of the Devadasi system, they completely misunderstood the core concept of the same. For them, it was a sort of entertainment for the rich people only, they didn’t see singing and dancing in a temple in a religious way and started with the exploitation of the Devadasis.

During the medieval period, the temples were destroyed which led to the degradation of the status of the devadasis in society. People no longer considered them as high status in society. However, since it was a custom that was being followed for many years, it continued even when the situation got worse. Due to the destruction of large number of temples, many devadasis didn’t have a home to live in and had several financial problems which forced them to live as a mistress of a rich man. The same continued for every girl that was born in the devadasi system and if it was a boy, then he was trained in classical music. This eventually transformed the religious practice into religious prostitution in temples which is still prevalent in many parts of the country. The Devadasis are still exploited and compelled to do prostitution for the royal and rich men and since the Devadasis are not financially independent, they get entrapped in this system and are not allowed to disobey the same.

Since the Devadasi system is a custom that has been followed for 100 years, many women who belong to the devadasi system aren’t aware of the consequences of following religious prostitution in the temple. They are so vulnerable and weak to face any kind of difficulties in case they don’t give their consent to the practice. Sometimes, the women who are practicing this custom don’t even know that this is not how the devadasi system is supposed to be followed and they were being sexually exploited in the name of religious practice or the honor of a deity. They are being brainwashed and well-trained that the devadasi system is what they are supposed to follow for the rest of their lives.

Role of poverty in the dedication of Devadasis

Earlier, the dedication to Devadasis was only due to religious beliefs but with time poverty became the main contributing factor to the dedication of the Devadasis. Many girls who belonged to poor families were sold to the upper caste or rich men and later forced to work as a prostitute and earn money. Prostitution is seen as easy way to earn money by the poor families, therefore, to unburden themselves, they sell their daughters as Devadasis. In many areas, the Devadasis are the ones who look over their financial situations and are the only breadwinner of the family which determines that the Devadasis indulge in prostitution to take care of their families.

In some cases, it is found that the Devadasis are not allowed to be any mortal or healthy man or to have any married life with them. They are only allowed to serve the deity for the rest of life. Moreover, the families try to avoid the burden of providing dowry or protecting their family property, if any. Families take religious belief as means to send their daughters and they see their daughters as a means to avoid their financial expenses such as dowry and marriage. This also helps poor families to have someone who can easily handle their basic expenses.

Undoubtedly, there are many other contributing factors other than poverty, but poverty is seen as one of the major factors with a [1]12% contributing percentage in increasing the dedication of girls as Devadasis. The other contributing system such as the Caste system also helps to the increase in the dedication of girls because of the financial condition of the family.

In some of the cases, it is found that the Devadasis are often misled that the Devadasi system is solely based on religious belief and there’s no ulterior purpose behind the dedication which creates a misconception in the daughters, and they eventually agree to being dedicated because they believe that it is for religious purpose. The same causes problems in knowing the actual number of cases of Devadasis because many Devadasis don't report the case because they don’t find anything wrong in the system.

In the present day, the dedication of poor girls is only for economic support and improving the financial condition of the family which eventually turned out to be a pile of crimes hiding behind religious beliefs.

Why Indian Devadasis trapped in a generational cycle of poverty and prostitution?

Devadasis are also termed [2]“fallen women” because their virginity is sold off in exchange for money and always kept in poverty. With age, the women are often sitting in front of the temples and begging with horrible health conditions. Because of the lack of skills, opportunity, and education, there’s no way to have a proper source of income which compels them to let their daughters sell their bodies to survive. This leaves no scope for having education for the girl child and hence, it continues for the generations. Therefore, the Devadasis in India are trapped in a generational cycle of poverty and prostitution.

Other contributing factors

Caste system

The Devadasi system is mainly seen in women from a lower caste. Poverty and lower caste systems are completely interconnected to each other, and poverty is the main cause which parents send off their daughters for dedication. The dedication is largely practiced in Nonbrahmin communities, we can say that the Devadasi system is mainly for the scheduled castes only. Almost all Devadasis are from Schedule Caste and Scheduled tribes. However, some women belonging to higher castes also dedicate themselves to avoiding widowhood. However, they stopped with time after being educated about the whole Devadasi system because they have the privilege to attain knowledge, unlike the lower caste women who are also poor. There are other reasons other than poverty that force the lower caste women to indulge in such activities as traditional rituals, hereditary practices, etc.

It is observed that it is very rare for the upper caste people to go for dedication. Mostly what happens is that the upper caste men use their social and economic power upon the families for the girl’s sexual service in exchange for a pitiful amount of money. According to a Canada-based NGO, in the states of Andhra Pradesh, Karnataka, Orissa, Maharashtra, the girls were taken away from their families, and later they are raped by the priests of the temple and gradually make them indulged in prostitution eventually they die from AIDS.

However, it can be determined that out of the other contributing factors, poverty is one of the factors which is most interrelated to the caste system but the main question that arises is that almost all sections of society can live in poverty, so why are lower caste people are mainly targeted?

One of the reasons is religious superstitions because mostly the priests try to convince the lower caste families that if they dedicate their girl child then they will be born into a brahmin family in the next life. The priests even allow the lower caste families to enter the temple. With this, it is evident that the lower caste people are more vulnerable to such situations because of the way society treats them. If society has given them fair opportunities without any bar of caste, then they wouldn’t have been this vulnerable to such exploitation. Poverty undoubtedly is one such factor for the lower caste people, but it is also the lack of awareness, superstitious belief, or lack of privilege of having proper education that leads to such situations.

Religious belief

The Devadasi system is directly related to the Hindu religion. Even though there are other reasons, religious and superstitious belief also plays a vital role in the dedication of the girls. In some cases, the families were told that if the girls are dedicated then it can cure any disability or illness of any family member because it is an act of purity and honesty towards the deity. Very often the girls are dedicated to solving their family issues. If anything happens related to their health or wealth, they believe that the deity will solve their financial condition or health-related issues if they let their daughter marry off to the deity. Therefore, it is evident from the observations that religious and superstitious beliefs can mislead families and dedicate their girl child to Devadasi.

Social pressure

One of the reasons is Societal pressure in dedicating girls. Whenever a dedication ritual occurs, it is the upper-class men first who have sexual intercourse with the Devadasi and then the priests with their religious belief stunt make the families believe that once the girl is dedicated the girl needs to serve sexual services to the upper-class men, priests and the men who come from powerful background. This provides the answer to the above question “why do only lower caste people dedicate their girl child” It is mainly due to social pressure. With the above observations, it is evident to know the kind of social pressure imposed on the lower caste people. However, it is not always about the caste system, sometimes economical stability also plays a vital role.

All the contributing factors are correlated to each other and together causes the dedication of girl children by their families. Therefore, it is pertinent to prevent all the contributing factors together.

 

Prevalence of the Devadasi system in India

The Devadasi system is more prevalent in Southern states in India such as Tamil Nadu, Kerala, Karnataka, Maharashtra, and Andhra Pradesh. There are other states which have some prevalence such as Goa, Assam, Orissa, and Gujarat. The system may prevail in some few states, but this is a national concern. Firstly, the trafficking of girls from other parts of India to make them Devadasis, and Secondly, the Devadasis were taken from cities like Mumbai and other metro cities to make them work in brothels.

Causes of the Devadasi system in India:

Why is it still prevalent?

Many laws are preventing the religious prostitution of the Devadasi system but still, the practice is prevalent in many parts of the country. The main causes of the prevalence of the Devadasi system, are:

• The devadasi system has a high religious belief among Hindu families who believe that being a devadasi is an auspicious thing and let their daughters marry the deity.

 

• There are so many superstitious beliefs associated with the Devadasi system which doesn’t let devadasis leave the system.

 

• As mentioned earlier, many women are brainwashed with superstitious beliefs and have a wrong idea of the religious prostitution happening in the temple because of which they don’t complain against the abusers and some women don't complain because of the financial dependency on the royal and rich men.

 

• In earlier times, the Devadasi system has a higher status in society which is still prevalent in some families as they think that being a Devadasi will bring honor to their family.

 

• Though there are many Supreme court rules against the Devadasi system, none of the laws are strict enough to be able to stop this system and the superstitious beliefs among the people.

 

• There are some cases where the families let their daughters be Devadasi because of their economic problems and let their daughters be a victim of religious prostitution.

 

• Lack of awareness about religious prostitution in the name of the Devadasi system is also a relevant cause because many women don’t know about the consequences of being a Devadasi.

 

• Lastly, the Devadasi system is a custom that has been followed for many years and is being followed for many generations which makes it impossible for the daughters to get proper education and awareness about the illegal activities conducted under this system and hence, they don’t have any way from getting out of it.

 

Laws and offenses relating to the Devadasi system

There have been many laws enacted to stop the practice of the Devadasi system. However, [3]In February 2016, the Supreme court gave a stern decision to stop the religious prostitution of the system. The issue was brought to the attention of the Supreme Court by Kerala-based N.G.O- S.L. Foundation mainly focused on the lack of focus of state authorities and police forces of Kerala, Karnataka, Maharashtra, regarding the problem and presented the current issues faced by the girls for being subjected to the illegal activities and prostitution. Further, the Court held that there should be strong principles and that it is necessary to check upon those illegal activities by preventing the minor girls from being victims of these crimes. The court further gave directions to all the states and union territories, especially Kerala, Karnataka, and Maharashtra to take strict actions on these activities.

The decision by the Supreme court created a great impact on the laws relating to the Devadasi system in India. The laws relating to the Devadasi system can be divided into two categories: Central legislation and State legislation.

 

Central Legislations:

Indian Penal Code, 1924 (IPC)

Sections 372 and 373 of the IPC states that the practice of dedicating girls to engage them in prostitution is illegal.

 

Juvenile Justice Act, 2015 (JJ Act)

The Act mainly protects the minor girls who have subjected to any kind of sexual exploitation, abuse, molestation, and other sexual harassments.

 

Immoral Traffic Prevention Act, 1956 and Trafficking of Persons (Prevention, Protection, and Rehabilitation) bill, 2018

This act is to stop abandoning the minor girls in the name of religious practice which is sexual exploitation and prostitution of the girls.

 

State legislation:

Bombay Devadasi Protection Act, 1934 (BDP Act)

This was the legal initiative taken toward the prevention of the Devadasi system. It makes the dedication of a girl illegal whether consent is given or not. According to the Act, the marriage of a Devadasi must be valid and the children from such wedlock must be considered legitimate children. The Act was passed by the Bombay high court under the British rule of the country to protect the existing Devadasis and prevent minor girls and women from getting involved in the Devadasi system.

 

Madras Devadasi (Prevention of dedication) Act, 1947 (MDPD Act)

This act is also known as the Tamil Nadu Devadasis (Prevention of Dedication) Act, 1947 which was enacted just after India got independence from British rule. The Devadasi abolition bill was passed during the Madras presidency. The main objective of this Act is to provide the legal right to the Devadasis to marry and banned the system of Devadasis by stating that it is illegal to dedicate the girls to Hindu temples and letting them marry the deity. Later, the Act was replaced by the KDPD Act of 1982.

 

Karnataka Devadasi (Prohibition of Dedication) Act, 1982 (KDPD Act)

This Act was enacted to provide for the custody, rehabilitation, protection, and welfare of the Devadasis and with the same objectives and procedure as the Madras Devadasi (prevention of dedication) Act, 1947 along with the Andhra Pradesh Devadasi (Prohibition of dedication) Act, 1988. The Act strengthened its penal provisions and increased the term of imprisonment to three years and the maximum fine up to Rs.2000.

 

Maharashtra Devadasi (Abolition of dedication) Act, 2006 (MDAD Act)

The Act was enacted for the areas covering the state of Maharashtra. Since the other acts were only covering the southern parts of the country. The Act was also enacted with the same objective to prevent the dedication of women to the Devadasi system in India and to let the women have their own choice to marry and to protect the existing Devadasis.

 

Problems in implementation

The Indian Central Government recognizes the Devadasi system as a policing and public order due to which the Government fails to recognize the economic, social, and religious factors that instigate the Devadasi system. When this system continues, it allows economic exploitation, targets the Dalit community and the other lower-caste community, and provides the upper-caste men the authority to use the bodies of the Dalit females. The second issue is the 7th schedule of the Indian constitution, all the matters relating to policy and public order must be handled by the State. Therefore, in 2015, the central government issued an advisory to all the State governments to strictly implement the law prohibiting the Devadasi system and conduct a survey to identify the Devadasis and rescue them but in ground reality, the list only includes counseling, medical treatment, support and motivation for the Devadasis who are alone and nowhere to go. Presently, there are no uniform laws for the welfare and prevention of the system in the country.

Also, law enforcement agencies do not register any case of the Devadasi system under the Devadasi Prevention Act. Only in some cases, the police register it under the Immoral Traffic Prevention Act. It is the improper implementation of the laws which leads to the prevalence of the Devadasi system. The police don't take cognizance under suo moto to register the case and since the system is deeply rooted and due to the lack of awareness, no one even tries to report the case.

Loopholes in the legal framework

• As per the current status of the Act, Karnataka Devadasi (Prohibition of dedication) Act, 1982, the state of Karnataka is yet to draft the state rules in relation to the Devadasi system even though the Act has been enacted for three decades.
• The Juvenile Justice Act, 2015 doesn’t recognize the girl child in the provision which is especially in the need of care and protection of the children even though the families of the girl child abandoned her and let her be sexually exploited.
• The Immoral Traffic Prevention Act, 1956, and Trafficking of Persons (Prevention, Protection, and Rehabilitation) bill, 2018 doesn’t recognize the girls who are dedicated to the temple as a victim of trafficking who is being sexually exploited.

• The Central government considers it a State subject.

 

Current status of the Devadasi system

Earlier, Devadasis were compelled to provide sexual favors to kings and priests only. But with the passing of time, they started giving favors to common visitors also. When the practice of religious activities such as singing and dancing fall with time, some were forced to become commercial sex workers, and some ran their brothels in villages. However, Devadasis are different from common sex workers because they do not charge for their services rather, they accept only gifts. When they get old, either they return to their home or start begging for their survival because in some cases the Devadasis are not even accepted by their own family because they think the Devadasis are a disgrace to their family.

The survey carried out by the [4]Joint Women’s program by NCW in Bangalore shows that around 63 percent of young girls were forced to become Devadasis because it’s a custom that has been followed for several years and other 40 percent of Devadasis were found to be involved in the commercial sex industry either in cities or villages. The Devadasis were seen as public property by the villagers. It is also found that [5]95 percent of Devadasis have their children who face humiliation in society because they are considered illegitimate children and the same were not able to register in schools or colleges because they don't know their father’s name and they don’t even get recognized by their fathers. Unlike earlier times, now, the Devadasi system is a form of open prostitution.

Statistics of offenses

1. It was observed that [6]92% of the girls who are dedicated to the Devadasi system are minors and most of them are sexually exploited. Around 50% of the minor girls were sexually exploited.
2. Further, the main reasons behind the prevalence of the Devadasi system are societal pressure, superstitious beliefs, religious practice, tradition, disability, and most importantly, a continuation of lineage.

 

1. Furthermore, children with special disabilities, whether mental or physical, are more susceptible or vulnerable to these offenses.
2. Under the KDPD Act, there are only 4 cases filed of the dedicated girls between the years 2011-2017.

 

Rehabilitation measures

Presently, the providers of Rehabilitation measures are NGOs, Government agencies, and other individuals who may rescue the Devadasis. However, most of the rehabilitation work is done by NGO’s. However, these measures are not effective since they are misused often and because of the lack of implementation of the provisions.

 

Karnataka

This state has more schemes for the welfare of the Devadasis than the other states. The Karnataka Government has a Devadasi Rehabilitation center to implement the Central government schemes which are monitored by the State Women’s Development Corporation.

I. Financial assistance of [7]Rs. 10,000 is given for the remarriage of widows and they must of age between 18 and 35 years and domicile in the state

2. Another financial assistance of Rs.10,000 is given to the couple where the wife is a Devadasi who must be of 18 to 35 years

3. The Government will provide financial assistance for the general category of Rs. 20,000 and scheduled caste and tribes Rs.25,000.

In Karnataka, the Devadasis are allowed to marry off their choice and she is granted Rs. 3000 to marry which leads to an increase in fake marriages conducted to get the benefit. There are also other benefits but none of them worked because there is no way to identify the Devadasis. This legislation fails to address important issues like the education of Devadasis children, girl children of lower caste families, and their regular income.

 

Maharashtra

• An amount of Rs. 10,000 is given to the NGOs every year who work for the rehabilitation program.
• A pension scheme program for the Devadasis who are above 40 years of age.
• Rs. 10,000 is given for the marriage of the unmarried Devadasis and the children of Devadasis.

However, in 2012, all these schemes were stopped from getting implemented.

 

Andhra Pradesh

It doesn’t have many schemes for the prevention of the Devadasi system. However, the practice of the Devadasi system is banned under the Andhra Pradesh Devadasis Act, 1988 and the Act penalizes the dedication of girls to prostitution and makes it a cognizable and nonbailable offense.

 

Major Findings

• Majority of girls who are dedicated are from the Dalit community or the lower caste background.
• Dedication is a forced act and most of the dedications were made by the families of the girls.
• Poverty plays a significant factor in the dedication of the girls.
• Till the age of 40, the Devadasis work in the commercial sex industry and with age, when they can’t practice prostitution they start begging to survive.
• Children of Devadasis often face social stigmas and are branded as illegitimate children and hence, deprived of any education.
• Lack of awareness is the main reason behind the poor implementation of the provisions.
• Rescue becomes difficult because their own families are involved in the dedication which is carried out behind closed doors.
• There are no uniform policies by the Central government that can directly deal with the issue.
• There are no policies, programs, or schemes for the children of the Devadasis.
• The policies and schemes available for the Devadasis are either stopped or not implemented at all at the ground level.

 

CONCLUSION

The Devadasi system was indeed a religious practice that had incurred a great status of Devadasis in the society, but it must be admitted that the practices and customs that have been performed since ages can lead to some changes according to the time and mindset of the society. We cannot prejudice the customs as being the most prevalent thing and follow the same customs by overlooking their consequences towards the changing and evolving society. The same case is with the Devadasi system, it has been followed for years which was the right thing to do in the 16th century but with the changing of times and society, the conduct of the Devadasi system has also changed, and hence, leading to illegal offenses towards the innocent minor girl children and the women. It must be accepted that the Devadasi system is not the same system that was being followed in the 16th century, now, it is causing sexual exploitation and prostitution of girl children which is being overlooked by society because they have the superstitious belief that the being a Devadasi will bring honor to the family.

Suggestions

• Poverty is the main cause of the continuance of this system. Therefore, an effective poverty eradication scheme can help in reducing these activities.
• The Government needs to find an alternative source of income through income-generating programs for the Devadasis or the girls for dedication to abolishing the whole Devadasi system.
• The Devadasis children often suffer due to the lack of education because of the stigma they face while enrolling in the schools because they are not considered legitimate children. Therefore, the school authorities must be educated to not force the children to have their father’s name to get enrolled in schools.
• The Police force must take suo moto action whenever there is a complaint or anything regarding the practice occurs.
• The Department of Women and Child Development (DWCD) must conduct regular surveys to be aware of the trend of the Devadasi system and can provide rehabilitation to the victims at the right time.
• Girl children who have been practiced as Devadasis must be provided with scholarships till the age of 18 years with some financial assistance so that they wouldn’t be dependent financially.
• The Government needs to implement a rehabilitation policy to provide financial assistance, wage employment, education, counseling, medical treatment, and skill development to the Devadasis who are reduced.
• There must be special measures to provide education to help the children of Devadasis from escaping the generational cycle of poverty and prostitution.
• The Department of Education must conduct enrolment drives where must ensure that all children are enrolled in the schools, and no one is being subjected to any illegal activities.
• The KDPD Act, The JJ Act, and the POSCO Act, must be reformed properly and address the above-mentioned loopholes.

 

BIBLIOGRAPHY

• Websites:

Indian Institute of Legal Studies, Devadasi system in India, (Nov 14, 2:53 A.M.), https://www.iilsindia.com/blogs/devadasi-system-india/

 

Devadasi system, InsightsIAS, (Nov 14, 1:15 A.M.), https://www.insightsonindia.com/2019/01/15/devadasi-system/

 

Dr. V. BHARATHI HARISHANKAR, Exploitation of Women as Devadasis and its associated evils, National Commission for Women, Delhi (Nov 15, 7:00 P.M.), http://ncwapps.nic.in/pdfReports/Exploitation_of_Women_as_Devadasis_and_its_Associated_Evils_Report.pdf

 

Srujana Bej, Tackling India’s Devadasi system-A matter of policing and public order, Oxford Human Rights Hub, (Nov 29, 2022, 7:06 AM), https://ohrh.law.ox.ac.uk/tackling-indias-devadasi-system-a-matter-of-policing-and-public-order/

 

 

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[1] Dr. V. BHARATHI HARISHANKAR, Exploitation of Women as Devadasis and its associated evils, National Commission for Women, Delhi (Nov 15, 7:00 P.M.), http://ncwapps.nic.in/pdfReports/Exploitation_of_Women_as_Devadasis_and_its_Associated_Evils_Report.pdf

[2] Srujana Bej, Tackling India’s Devadasi system-A matter of policing and public order, Oxford Human Rights Hub, (Nov 29, 2022, 7:06 AM), https://ohrh.law.ox.ac.uk/tackling-indias-devadasi-system-a-matter-of-policing-and-public-order/

[3] Indian Institute of Legal Studies, Devadasi system in India, (Nov 14, 2:53 A.M.), https://www.iilsindia.com/blogs/devadasi-system-india/

[4] Dr. V. BHARATHI HARISHANKAR, Exploitation of Women as Devadasis and its associated evils, National Commission for Women, Delhi (Nov 15, 7:00 P.M.), http://ncwapps.nic.in/pdfReports/Exploitation_of_Women_as_Devadasis_and_its_Associated_Evils_Report.pdf

[5] Dr. V. BHARATHI HARISHANKAR, Exploitation of Women as Devadasis and its associated evils, National Commission for Women, Delhi (Nov 15, 7:00 P.M.), http://ncwapps.nic.in/pdfReports/Exploitation_of_Women_as_Devadasis_and_its_Associated_Evils_Report.pdf

[6] Devadasi system, InsightsIAS, (Nov 14, 1:15 A.M.), https://www.insightsonindia.com/2019/01/15/devadasi-system/

[7] Dr. V. BHARATHI HARISHANKAR, Exploitation of Women as Devadasis and its associated evils, National Commission for Women, Delhi (Nov 15, 7:00 P.M.), http://ncwapps.nic.in/pdfReports/Exploitation_of_Women_as_Devadasis_and_its_Associated_Evils_Report.pdf