In a bid to strengthen the legislation against the centuries-old Devadasi system, the Karnataka government is working on introducing a new law. It intends to do away with the need for the father’s name in application forms and government identity cards, besides recognising the right of the child of Devadasi to identify the father by provisioning DNA test to prove paternity.

The new legislation, Karnataka Devadasi (Prevention, Prohibition, Relief and Rehabilitation) Bill, is currently being discussed to replace the more than four-decade-old Karnataka Devadasi (Prohibition and Dedication) Act, 1982. Devadasis and their children have been for long seeking a comprehensive legislation that could end the evil system and provide for proper relief and rehabilitation.

‘Legitimate child’

Among other proposed provisions in the legislation, being drafted with the assistance of the Centre for the Study of Social Inclusion, National Law School of India University (NLSIU), are that any child of a Devadasi will be deemed as a “legitimate child” and will have the right to property with inheritance and succession following the Hindu Personal Law. The proposed legislation also provides the option for unwilling children of a Devadasi not to be compelled to declare the name of their father while applying for government identity cards such as such as passport, PAN, Aadhaar, and driving licence.

Providing the right to maintenance to the child, the proposed law puts the burden of disproving paternity on the person named as the father of the child. The provision provides the right to be availed of by a male child until he is a minor and a girl child until marriage. It suggests DNA test to establish paternity upon refusal after the child approaches the taluk committee seeking recognition of paternal bond. However, provision is also made to the person indicated as father to retain the right to disprove claim of paternity through appropriate biochemical evidence.

Penal clause

While the existing law has set punishment to be a maximum of three years for those performing, permitting, taking part or abetting the performance of any ceremony or act for dedicating women as a Devdasi, the proposed law increases the imprisonment term to a maximum of five years with minimum imprisonment to be two years and a fine of ₹1 lakh.

“The new Bill was first proposed in 2018 after experts deliberated on the lacunae in the existing legislation. There is a need to overhaul the legislation to protect the interests of Devadasis. Consultations were held with Devadasis and their children before the proposed Bill was drafted,” said R.V. Chandrashekar, a researcher at the Bengaluru-based NLSIU.

Consultation process

Sources said that the inter-departmental consultation is almost complete, and the proposed Bill could soon be brought before the Cabinet ahead of it being piloted in the legislature.

Among the many other perceived benefits of the Bill is comprehensive rehabilitation for Devadasis, many of whom do not have land or house of their own, and are struggling with both social and acute economic backwardness, besides battling health issues. Activists say that while only 46,660 Devadasis have been identified, a large number remain outside the list based on which benefits, including pension, are being provided by the government.