Bombay Devadasis Protection Act, 19341
| [Bombay Act No. 10 of 1934]2 | [15th October, 1934] |
| [Adapted and modified by the Adaptation of Indian Lays Order in Council, Adapted and modified by the Adaptation of Laws Order, 1950, Amended by Bom. 20 of 1950, Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956 and Amended by Bom. 34 of 1958] | [15th October, 1934] |
An Act to protest devadasis and to prevent the dedication of women to Hindu deities, idols, objects of worship temples and religious institution in the 3[State of Bombay].
Whereas the practice of dedicating women as devadasis to Hindu deities, idols, objects of worship, temples or other religious institutions exists in the 3[State of Bombay];
And Whereas such practice, however ancient and pure its origin, now leads such women to a life of prostitution;
And Whereas it is now desirable and expedient to end such practice, wherever it exists in the 3[State of Bombay];
And Whereas the previous sanction of the Governor General required by Section 80A(3) and of the Governor required by Section 80C of the Government India Act (5 & 6 Geo. V c. 61) have been obtained for the passing of this Act; It is hereby enacted act follows:-
1 The Act was extended to that part of the State of Bombay to which, immediately before the commencement of Bom. 34 of 1958, it did not extend (Vide Bom. 34 of 1958, 2).
2 For Statement of Objects and Reasons, see Bombay Government Gazette, 1933, Pt. V., pp. 1020-1081; for Report of the Select Committee, see ibid., 1934, Pt. V, pp. 62-35; and for Proceedings in Council, see Bombay Legislative Council ??? 1833 and 1834, Vola. XXXVIII, XXXIX and XL.
3 These word were substituted for the words "Bombay Presidency" by Bom. 34 of 1958, s. 3(1).
1. Short title and extent.- (1) This Act may be called the Bombay Devadasis Protection Act, 1934.
1[(2) It extend to the whole of the State of Bombay.]
1 This sub-section was substituted for original ibid. s. 2(2).
2. Definitions.- In this Act, unless there is something repugnant in the subject or context,-
1[(aa) "Collector" includes a Deputy Commissioner;]
(a) "devadasi" means any unmarried woman who is dedicated to any Hindu deity, idol, object of worship, temple or other religious institution;
(b) "temple" means a place by whatever designation known, dedicated to, or used by, the Hindu community, or any section thereof as a place of religious worship; and
(c) "woman" means a female human being of any age.
1 This clauses was ??? ibid. s. 3(3).
3. Illegality of dedication of a woman as a devadasi.- The performance of any ceremony 1[or act] intended to dedicate or having the effect of dedicating a woman as a devadasi, whether such woman has or has not consented to the performance of such ceremony 1[or act], is hereby declared unlawful and to be of no effect, any custom or rule of Hindu Law to the contrary not withstanding.
1 These words were Inserted by Bom. 20 of 1960, s. 2.
4. Marriage by a devadasi.- No marriage contracted by a woman shall be invalid and no issue of such marriage shall be illegitimate by reason of such woman being a devadasi, any custom or rule of Hindu Law to the contrary notwithstanding.
5. Penalty.- Whoever, other than the woman to be dedicated, performs, permits, takes part in or abets the performance of, any ceremony 1[or act] referred to in Section 3, shall, on conviction, be punishable with imprisonment of either description for a term which may extend to one year, or with fine or with both.
1 These words were inserted, ibid, s. 3.
1[5A. Offence to be cognisable.- The offence punishable under Section 5 shall be cognisable.
1 Section 5A and SB were inserted, ibid., s. 4.
5-B. Protection, of persons acting in good faith.- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.]
6. Release of land from liability for performance of service.- (1) Notwithstanding any adjudication of settlement made under the Bombay Rent-free Estates Act, 1852, (XI of 1852) the Exemptions from Land-revenue (No. 1) Act, 1863, (Bom. II & VII of 1863) and the Exemptions from Land-revenue (No.: 2) Act, 1863, or rules made thereunder 1[or under any law for the time being in force], or the terms of any grant made of sanad issued by 2[or on behalf of the 3[Government]], when lands are assigned as emolument a for the performance by a devadasis of any services as such, the Collector shall, after holding such inquiry as may be prescribed by order in writing, direct that land shall be released from liability for performance of such services and that the shall be paid by the holder of such land in lieu of such services such rent as the Collector shall determine in the prescribed manner:
Provided that if a woman who is a devadasi at the time when this Act comes into force, is the holder of such land or performs services as a devadasi for which such land is assigned and appears at such inquiry or gives notice in the prescribed manner and objects to the release of the land and the payment of rent under the provisions of this section the Collector shall pass orders directing that the and shall not be released and rent shall not be payable under this section during the lifetime of such devadasi.
(2) Rent directed to be paid under sub-section (1) shall, when the performance of such services is for the benefit of a Hindu deity, idol, object of worship, temple or other religious institution, be payable by the holder to of on account of such deity, idol, object of worship, temple or other religious institution and in other cases to 4[the State Government].
5Explanation.- "Land" includes benefits to arise out of the land and things attached to the earth or permanently fastened to anything attached to the earth, and also shares in, or charges on the revenue or rent of villages, or other defined portion of territory.]
1 These words were inserted by Bom. 34 of 1958, s. 3(4)(a).
2 The words "or on behalf of the Crown" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
3 The word "Govemment" was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
4 These words were substituted for the words "the Clown for the purposes of the Province" ibid.
5 This Explanation was substituted for the original by Bom. 34 of 1958, s. 3(4)(b).
7. Power to make roles.- (1) 1The 2[State] Government] may make rules generally for the purpose of carrying out the provisions of this Act and in particular for the manner in which the Collector shall hold an inquiry and determine the rent under Section 6 and the manner in which notice of objection shall be given under the said section.
(2) The rules to be made under this section shall be subject to the condition of previous publication.
(3) Rules made under this section shall be laid 3[before each of the 4[Houses] of the 2[State] Legislature] at the session 5[thereof] next following and shall be liable to be modified or rescinded by a resolution 6[in which both the 6[Houses] concur], and such rule shall, after notification in the 7[Official Gazette], be deemed to have been modified or rescinded accordingly:
Provided that when, in the opinion of 1[the 2[State] Government], such modification or rescission is likely to defeat or frustrate any of the purposes of the Act, 1[the 2[State] Government] may, by notification in the 7[Official Gazette], declare that the modification or rescission shall have no effect, and thereupon the rule shall remain in force as if it had not been modified or rescinded.
1 The words "The Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.
2 The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3 The words "before each of the Chambers of the Provincial Legislature" were substituted for the words "upon the table of the Bombay Legislative Council" by the Adaptation of Indian Laws Order in Council.
4 This word was substituted for the word "Chambers" by the Adaptation of Laws Order, 1950.
5 This word was substituted for the words "of the said Council" by the Adaptation of Indian Laws Order in Council.
6 The words "in which both the Chambers concur" were substituted for the words "of the said Council", ibid.
7 These words were substituted for the words "Bombay Government Gazette, ibid.