The term sati means the Hindu practice of widow burning or the burning of the living widow with the corpse of her husband. When the term sati is applied to the widow it means a woman who sacrifices herself on her husband’s funeral pyre as a token of her love and devotion to her husband. In Sanskrit, the word sati is derived as a feminine noun from sat, which means goodness, virtue, truth. The word sati thus means a good and virtuous woman, or a true, loyal and dedicated wife. In India, the word ‘sati’ is also used to place praise on the women as in the expression Sati Savitri, or Sati Parvati, etc.

Majumdar in his book “Classical Accounts of India” says “Diodorus Siculus a well-known classical authority while describing marriage systems noticed in India, first draws our attention to a law which according to him had required Indian wives to be burnt along with the dead body of their husbands provided such wives had no children nor were they pregnant at the time of their consorts.”

According to tradition, sati was supposed to be voluntary, and often it was seen as the proper final act of the marriage. Similarly, it appears that those who had children or had been carrying were allowed to remain outside the scope of the rite. But many accounts exist that women were forced to go through the rite. Though this custom is called Hindu custom, it was not followed by all Hindus. Similarly, the custom was prevalent among Egyptians, Greek, Goths, Scythians, and others. The origin of the custom of ‘sati’ is generally traced to the subordination of women in patriarchal societies.

One view for such custom is that it was necessitated by the ‘Muslim invasions’ when upper-caste Hindu women resorted to it to defend their honour from Muslim marauders. Neither of these is supported by historical evidence. The defence of sati is a deliberate attempt at justifying an act for reasons quite other than the preservation of Hindu values and the assumptions which accompany sati require investigation.

The ritual of sati was banned by the British Government in 1829 consequent to the relentless efforts of Sri Raja Ram Mohan Roy. A large scale of social reform undertaken by Swami Dayanand Saraswati and Mahatma Gandhi helped in actually putting a stop to the practice.

Roop Kanwar Case:

On September 4, 1987, in the village of Deorala of Sikar district in Rajasthan, the 18-year-old Roop Kanwar mounted her husband Maal Singh Shekhawat’s funeral pyre and burned to death in its flames. Thirteen days later, at the traditional chunari ceremony, a crowd of at least 250,000 gathered at the site of her death to worship her as a goddess. At the time of the incidence, the Sati Prevention Act was not in existence. Hence the accused were tried under the Indian Penal Code for glorifying the incidence of ‘sati’. The Special Court acquitted all the accused, for the lack of evidence. Actually the crime was seen by thousands of people, but the law, its procedures, and legal machinery were totally inadequate to punish the guilty. This case is popularly known as ‘sati case’. Her death took place without the knowledge of her parents, who learned of it from newspaper reports. Her in-laws were found to be earning enormous sums from worshippers at a shrine erected to Roop on their private property, where they had held the funeral instead of at the public cremation site.

Anti-sati groups have focused not merely on the cruelty of sati as a physical act but even more on the institutionalized subjugation of women implicit in it. In light of these incidents, the Government of India enacted the Commission of Sati (Prevention) Act, 1987.

One hundred and seventy-five years after it was abolished by William Bentinck, sati continues to be a reality in parts of rural India. Roop Kanwar case was not the last case in Modern India. Janakrani (in her 40s) in Sagar district of Madhya Pradesh, (2006); Vidyawati, 35, in Fatehpur district of Uttar Pradesh (2006); Kuttu Bai, 65, in Madhya Pradesh’s Panna district (2002); Rekia Devi, 65, in Bastipur, Bihar and Sita Devi, 77, in Gaya district of Bihar, have met a similar fate since. There are more than 250 sati temples in the country with a steady flow of devotees and donations.

The Commission of Sati (Prevention) Act, 1987:

This law is applicable to the whole of India. The commission of sati involves 3 stages-the burnings of the widow, the glorification of the act and the culmination with the establishment of a temple dedicated to the sati.

Meaning of ‘Sati’ Under the Act:

According to Section 2 (c) of the Act,  “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.

Punishment for Attempt to Commit Sati:

Section 3 of the Act notwithstanding provisions of the Indian Penal Code, provides for the punishment for attempt to commit sati. An attempt to commit sati is punishable with imprisonment up to one year or with fine or both. Before convicting any person, the Special Court must take into consideration, the circumstances leading to the commission of the offence, the act which was actually committed, the state of mind of the person charged with the offence and all other relevant factors.

Punishment for abatement of Sati:

Section 4 of the Act notwithstanding provisions of the Indian Penal Code, provides for the punishment for abatement of sati. If sati is actually committed, then all those who took part in burning or burying the woman whether as sightseers or as organizers are punishable with life imprisonment and fine. The burden of proof to prove that a person has not committed the offence lies on the accused.  Similarly, under Section 18 of the Act, the person who has been convicted under the Act is disqualified from inheriting the property of the person who had committed sati. He is also disqualified from contesting in any election for a period of 5 years from the date of conviction.

Explanation of Section 4 gives the list of acts which will be deemed as abatement to sati:

(a) any inducement to a widow or woman to get her burnt or buried alive along with the body of her deceased husband or with any other relative or with any article, object or thing associated with the husband or such relative, irrespective of whether she is in a fit state of mind or is labouring under a state of intoxication or stupefaction or other cause impeding the exercise of her free will;

 (b) making a widow or woman believe that the commission of sati would result in some spiritual benefit to her or her deceased husband or relative or the general well being of the family;

(c) encouraging a widow or woman to remain fixed in her resolve to commit sati and thus instigating her to commit sati;

(d) participating in any procession in connection with the commission of sati or aiding the widow or woman in her decision to commit sati by taking her along with the body of her deceased husband or relative to the cremation or burial ground;

(e) being present at the place where sati is committed as an active participant to such commission or to any ceremony connected with it;

(f) preventing or obstructing the widow or woman from saving herself from being burnt or buried alive;

(g) obstructing, or interfering with, the police in the discharge of its duties of taking any steps to prevent the commission of sati.

Punishment for Glorification of Sati:

Section 5 of the Act notwithstanding provisions of the Indian Penal Code, provides for the punishment for the 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.

Under Section 2(b) of the Act “glorification” in relation to sati, whether such sati, was committed before or after the commencement of this Act, includes, among other things.-

 (i) the observance of any ceremony or the taking out of a procession in connection with the commission of sati; or

(ii) the supporting, justifying or propagating the practice of sati in any manner; or

(iii) the arranging of any function to eulogise the person who has committed sati; or

(iv) the creation of a trust, or the collection of funds, or the construction of temple or other structure or the carrying on of any form of worship or the performance of any ceremony thereat, with a view to perpetuate the honour of, or to preserve the memory of, a person who has committed sati;

Section 6 of the Act empowers  Collector or the District Magistrate to prohibit by order the doing of any act towards the commission of sati by any person in any area or areas specified by him. Whoever contravenes any such order shall, if such contravention is not punishable under any other provision of this Act, 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.

Section 7 of the Act, empowers the State Government to direct the removal of any temple or structure if it is satisfied that in such a temple or other structure (which has been in existence for not less than twenty years), any form of worship or the performance of any ceremony is carried on with a view to perpetuate the honour or to preserve the memory of any person who has committed sati.

Section 8 of the Act empowers Collector or the District Magistrate to seize funds or property if he has reason to believe that any funds or property have been collected or acquired for the purpose of glorification of sati. Such funds or property are then to be disposed of as directed by the Special Court.

Section 9 of the Act empowers State Government to set up one or more Special Courts to try the offences under the Act by notification in the Official Gazette. The Section also provides for the constitution of the Special Court and required qualification of the judge of the Court.

Under Section 14 appeals against the orders of Special Courts can be filed in the High Court within a period of thirty days from the date of judgment or sentence of the Special Court.

Under Section 20 of the Act, the provisions of the Act have been given an overriding effect, notwithstanding anything inconsistent in other enactments.

Indian Legal System > Civil Laws > Family Laws > The Commission of Sati (Prevention) Act, 1987

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