LEGAL PROHIBITION OF SATI

LEGAL
PROHIBITIO
N OF SATI

TABLE OF CONTENTS
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LEGAL PROHIBITION OF SATI

S.NO.

CONTENT

PAGE NO.

1.

Introduction

2.

Origin

3.

4.

Legal Prohibition

5-7

The Commission of Sati(Prevention) Act, 1987

5.

Conclusion

6.

Bibliography

10

INTRODUCTION
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LEGAL PROHIBITION OF SATI

Sati (also spelled suttee) is an obsolete Hindu funeral custom where a widow immolated herself
on her husband's pyre, or committed suicide in another fashion shortly after her husband's death.
Sati literally means a pure and virtuous woman. Sati Pratha or tradition of widow burning at the
funeral pyre of her husband has been a shameful social evil and an age old practice in Indian
society. A widow was burned either with her tacit consent or most of the times forcefully by her
in-laws after the death of her husband. This practice shows a dark and evil side of Hindu society,
especially of ancient and medieval India.
The practice of Sati or self-immolation by the widow was associated with a kind of virtue. The
virtue of this practice was defined by a religious logic that it was inauspicious for widow to live
after the death of her husband. A widow who agreed to self-immolate herself at the funeral pyre
of her husband was considered to be very virtuous and attained to the status of Sati Mata or Sati
Goddess. We can still find Temples of Sati Mata in some States of India such as in Rajasthan and
M P.
Sati is derived from the name of the goddess Sati, who self-immolated because she was unable to
bear her father Daksha's humiliation to her husband Shiva.
The term sati was originally interpreted as "chaste woman". Sati appears in Hindi and Sanskrit
texts, where it is synonymous with "good wife",[1the term suttee was commonly used by AngloIndian English writers. Sati designates therefore originally the woman, rather than the rite; the
rite itself having technical names such as sahagamana ("going with") or sahamarana ("dying
with"). Anvahorana ("ascension" to the pyre) is occasionally met, as well as satidaha as terms to
designate the process. Satipratha is also, on occasion, used as a term signifying the custom of
burning widows alive.[ Two other terms related to sati are sativrata and satimata. Sativrata, an
uncommon and seldom used term,denotes the woman who makes a vow, vrat, to protect her
husband while he is alive and then die with her husband. Satimata denotes a venerated widow
who committed sati.

ORIGIN
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LEGAL PROHIBITION OF SATI

The root of this inhuman practice lies in the patriarchal traditions of Hindu society where women
are always considered as subservient and inferior to men. But the mythological story about the
origin of Sati Pratha says that Sati was the wife of Shiva and she self-immolated herself in
protest against her father who had disrespected Shiva. Though in this story, Sati immolated
herself while her husband, Shiva was still alive but in historical reality, the practice took a
different form and women were being forced to die by sitting on their husbands funeral pyre.
How this transformation took place is not clear from historical sources but one thing is clear that
the evil practice somehow became part of Hindu society. The earliest literature of Hindus such as
Vedas does not mention the practice of Sati. It is only in the later Hindu texts such as Puranas,
one finds the mention of Sati. Furthermore, the practice was mainly associated with the so-called
high castes (Brahmin and Kshatriya) in the early history. According to one version it became
fairly wide spread during the Muslim period when invasions and conquests played its role and it
was considered necessary to preserve the honor of Hindu women. However, there are evidences
to show that the practice of Sati was also there in western and southern India even before the
advent of Muslims.
Gradually, the practice was adopted by the so-called lower castes in their quest to aspire for
higher ranking in social order by emulating the customs and rituals of higher castes. The practice
of Sati was not, therefore, peculiar to one caste or one region of the country and we find
evidences across the spectrum of the contemporary Hindu society.
Mention of the practice can be dated back to the 4th century BC, while evidence of practice by
wives of dead kings only appears beginning between the 5th and 9th centuries AD. The practice
is considered to have originated within the warrior aristocracy on the Indian subcontinent,
gradually gaining in popularity from the 10th century AD and spreading to other groups from the
12th through 18th century AD. The practice was particularly prevalent among some Hindu
communities, observed in aristocratic Sikh families, and has been attested to outside South Asia
in a number of localities in Southeast Asia, such as in Indonesia and Champa.

LEGAL PROHIBITION
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LEGAL PROHIBITION OF SATI

It was a tough task to ban or prohibit Sati as it was given a religious sanction by the conservative
religious pundits of the time. But some enlightened Indian rulers had taken steps to curb the cruel
practice; for instance, Akbar attempted to restrict it, the Marathas had forbidden it in their
dominions. However, the East India Company, early in their rule over India, adhered to its policy
of non-interference into socio-religious customs of the people of India.
But in the early Nineteenth-century-British India, the English view about Indias socio-religious
aspects began to change. This change of view was mainly for two reasons. Firstly, there was a
genuine concern among some good-hearted English officials that the social conditions especially
of women were in urgent need of reforms; and secondly, the English rulers wanted to get a moral
sanction of their illegal and unethical exploitation of the native people by maintaining that it was
a moral duty and Whitemans burden to civilize the uncivilized people of the country.
Therefore, the British began to depart from their earlier stand of non-interference. Some serious
efforts were made in 1813 when a Circular was issued which prohibited the burning of women in
all cases where the widows was below 16 years of age or pregnant or intoxicated or in any other
way coerced. But these measures proved inadequate and unsuccessful.

Raja Ram Mohan Roy

The real change occurred during the time of Governor-General Lord William Bentinck when
he took charge in 1828. He tried to tackle several social problems facing the society such as
abolition of Sati and suppression of infanticide and crushing the gangs of Thugs. Several sane
and educated Indians also began to question this inhuman practice of Sati despite the opposition
and pressure from the religious leaders. Prominent among them was Raja Ram Mohan Roy. Roy
is rightly considered to be the first leader of the Indian social enlightenment in the early
Nineteenth century. It was Raja Rammohan Roy who urged and pressed Bentinck to take
necessary steps and declare the practice of Sati illegal. Due to his great efforts and work through
publication of pamphlets and newspaper reports etc, he was able to awaken the conscience of the
masses. In December 1829, Regulation No- XVII was issued by the Governor-General declaring
the practice of Sati or burning or burying alive of widows illegal and punishable by the criminal
courts as culpable homicide. The Regulation of 1829 was initially applicable to Bengal
Presidency alone but in 1830 it was extended in different forms to Madras and Bombay
Presidencies also.
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LEGAL PROHIBITION OF SATI

Bengal Sati Regulation, 1829

The Bengal Sati Regulation, or Regulation XVII, A. D. 1829 of the Bengal Code was a legal act
promulgated in British India under East India Company rule, by the then Governor-General Lord
William Bentinck, which made the practice of sati or suttee or the immolation of a Hindu widow
on the funeral pyre of her deceased husband illegal in all jurisdictions of British India and subject
to prosecution.
Till 1987, there were three laws in force regulating sati. Two out of these were passed in the
British times. The regulations were:
(1) Bengal Sati Regulation, 1829,
(2) Tamil Nadu Sati Regulation, 1830 and
(3) Rajasthan Sati (Prevention) Act, 1987.
The Regulation of 1829 was in force from the time of its promulgation throughout the territories
immediately subject to the presidency of Fort William which was essentially the region around
modern Kolkata. It was basically administrative in nature and declared sati as amounting to
culpable homicide which was to be tried by a Criminal Court, which would use its discretion in
awarding the punishment. The regulation laid down stringent provisions obliging a host of
officers to furnish information on the proposed or actual event of sati in their jurisdiction. It
sanctioned a fine of Rs. 200, and in event of failure to pay the fine, the accused would have to
undergo imprisonment for a maximum of 6 months on the officers appointed by the British
government who fail to furnish required information about the crime. Most significantly the
regulation eschewed any debate about voluntariness which has been so much in the forefront of
the Sati debate in 1987. Aiding and abetting a sacrifice whether voluntary or not was deemed to
be culpable homicide. Punishment was at the discretion of the court according to the nature and
circumstances of the case. No plea for leniency was to be admitted on the ground that the victim
had desired to be sacrificed. The regulation also clarified that none of the provisions of the
regulation may be read to mean that death penalty could not be handed to the accused in sati
cases.
The Sati of Roop Kanwar forced the then Rajasthan government to bring in the state a Sati
Prevention Ordinance, 1987, which was passed by the legislature on October 1, 1987. The
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LEGAL PROHIBITION OF SATI

Central Government followed it with a central legislation called the Commission of Sati
Prevention Act, 1987.

Roop Kanwar
Roopkuvarba Kanwar (c. 1969 4 September 1987) was a Rajput woman who was immolated at
Deorala village of Sikar district in Rajasthan, India. At the time of her death, she was 18 years
old and had been married for eight months to Maal Singh Shekhawat, who had died a day earlier
at age 24, and had no children.
Several thousand people attended the sati event. After her death, Roop Kanwar was hailed as a
sati mata a "sati" mother, or pure mother. The event quickly produced a public outcry in urban
centres, pitting a modern Indian ideology against a traditional one. The incident led first to state
level laws to prevent such incidents, then the central government's Commission of Sati
(Prevention) Act.
News reports of the incident present conflicting stories about the degree to which Kanwar's death
was voluntary. Some news reports claim Kanwar was forced to her death by other attendees
present. At the same time, there are contradictory reports which claim that Roop Kanwar told her
brother-in-law to light the pyre when she was ready, supporting the possibility that she was at
least resigned to undergoing sati, if not willing.
The original inquiries resulted in 45 people being charged with her murder; these were acquitted.
A much-publicized later investigation led to the arrest of a large number of people from Deorala,
said to have been present in the ceremony, or participants in it. Eventually, 11 people, including
state politicians, were charged with glorification of sati. On 31 January 2004 a special court in
Jaipur acquitted all of the 11 accused in the case.

The Commission of Sati(Prevention) Act, 1987:

An Act to provide for the more effective prevention of the commission of sati and its
glorification and for matters connected therewith or incidental thereto.

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LEGAL PROHIBITION OF SATI

Whereas sati or the burning or burying alive of widows or women is revolting to the feelings of
human nature and nowhere enjoined by any of the religions of India as an imperative duty;
And whereas it is necessary to take more effective measure to prevent the commission of sati and
its glorification;
Section 2(c) - "sati" means the burning or burying alive of
(i) any widow along with the body of her deceased husband or any other relative or with any
article, object or thing associated with the husband or such relative; or
(ii) any woman along with the body of any of her relatives, irrespective of whether such burning
or burying is claimed to be voluntary on the part of the widow or the women or other-wise;
3. Attempt to commit sati.-Notwithstanding anything contained in the Indian Penal Code (45 of
1860), whoever attempts to commit sati and does any act towards such commission shall be
punishable with imprisonment for a term which may extend to one year or with fine or with both:
Provided that the Special Court trying an offence under this section shall, before convicting any
person, take into consideration the circumstances leading to the commission of the offence, the
act committed, the state of mind of the person charge of the offence at the time of the
commission of the act and all other relevant factors.
4. Abetment of sati.- (1) Notwithstanding anything contained in the Indian Penal Code (45 of
1860) , if any person commits sati, whoever abets the commission of such sati, either directly or
indirectly, shall be punishable with death or imprisonment for life and shall also be liable to fine.
(2) If any person attempts to commit sati, whoever abets such attempt, either directly or
indirectly, shall be punishable with imprisonment for life and shall also be liable to fine.
5. Punishment for glorification of sati.- Whoever does any act for the glorification of sati shall
be punishable with imprisonment for a term which shall not be less than one year but which may
extend to seven years and with fine which shall not be less than five thousand rupees but which
may extend to thirty thousand rupees

CONCLUSION
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LEGAL PROHIBITION OF SATI

There have been 30 cases of sati or attempted sati over a 44-year period (1943-1987) in India, the
official number being 28. A well-documented case from 1987 was that of 18-year-old Roop
Kanwar. In response to this incident, additional legislation against sati practice was passed, first
within the state of Rajasthan, then nationwide by the central government of India.
In 2002, a 65-year-old woman by the name of Kuttu died after sitting on her husband's funeral
pyre in the Indian Panna district.On 18 May 2006, Vidyawati, a 35-year-old woman allegedly
committed sati by jumping into the blazing funeral pyre of her husband in Rari-Bujurg Village,
Fatehpur district in the State of Uttar Pradesh. On 21 August 2006, Janakrani, a 40-year-old
woman, burned to death on the funeral pyre of her husband Prem Narayan in Sagar district;
Janakrani had not been forced or prompted by anybody to commit the act.On 11 October 2008 a
75-year-old woman, Lalmati Verma, committed sati by jumping into her 80-year-old husband's
funeral pyre at Checher in the Kasdol block of Chhattisgarh's Raipur district; Verma killed
herself after mourners had left the cremation site.
In 2009, a 60-year-old Sharbati Bai attempted to commit sati on her husband's pyre in
Rajasthan's Sikar district. She couldn't because the village and the police stopped her just in time.
The custom has been dying a slow death since the law came about, the myth remains, which is
why a Sharbati Bai still tries to do a Roop Kanwar.
The law has been working effectively to stop this custom, but still it is being practiced in some
parts of the country like Rajasthan.

BIBLIOGRAPHY
BOOKS:
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LEGAL PROHIBITION OF SATI

A.S Altekar,THE POSITION OF WOMEN IN HINDU CIVILIZATION (2nd edn., 1999).

A. Sharma, SATI: HISTORICAL AND PHENOMENAL ESSAYS (1988)
K. Roy, WOMEN IN EARLY INDIAN SOCIETIES (2001).
L. Mani, CONTENTIOUS TRADITIONS: THE DEBATE ON SATI IN COLONIAL INDIA
(1998)

India
Law
Constitution to
ofLaw.
India
Constitutional
Introduction
the of
Jain, Indian Constitutional Law

WEBSITES:

M.P.

www.indiakanoon.org
www.lawyersclubindia.com
www.hanumant.com
www.importantindia.com
www.wikipedia.com
www.legalserviceindia.com
www.womenplanet.in/society/sati-pratha

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