. [..2 C..]
CUSTOMARY PRACTICES AND STATE REGULATION.
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C) SATI OR SUTTEE[1]
QUESTION BANK
- 1. Sati is social evil. Explain whether the State’s regulations can curb this evil.
Q.2. Elaborate on the concept of ‘Sati’ and ‘Dowry’.
Q.3. Write a critical note on- the Sati system in India. Whether State’s regulations are
Sufficient to curb this evil.
SHORT NOTES.
- Sati.
SYNOPSIS.
I] MEANING
II] HISTORICAL BACKGROUND
1) Medieval period
2) Mughal period
3) British period
III] THE COMMISSION OF SATI (PREVENTION) ACT, 1987
1) Historical background of an Act.
2) Object
3) Punishment for offences relating to sati
- i) Attempt to commit sati
- ii) Abetment of Sati
iii) Glorification of sati
IV] PENAL PROVISION UNDR I.P.C.
V] POWER OF COLLECTOR
I] MEANING:-
The custom of Sati or suttee is the most inhuman, barbaric and heinous custom. Even words will fall short of describing its heinousness. However, we have, by long efforts, succeeded in curbing this evil[2] to a great extent.
- 2 (c) of The Commission of Sati (Prevention) Act, 1987, defines Sati as “the burning or burying alive of –
(i) any widow[3] along with the body of her deceased husband or any other
relative2 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 woman or otherwise.
Thus the definition of ‘Sati’ includes both types of Sati. Sati was of two types. One was ‘Sahmarna’ or “Sanhgamana,” i.e. cremation[4] of the widow with the dead husband. The other is “anumarna” or “anugamana”, i.e. ‘dying in accordance with’. In other words, the term “anumarna” or “anugamana” is used when a woman’s husband has died and burned at a distant place from her residence (due to war, etc). Even after delivery, she would be burnt with her husband’s belongings like a turban, sword, etc.
II] HISTORICAL BACKGROUND:-
1) Medieval Period[5]:-
There is no text of ‘Dharmshastra which has sanctioned the burning of widows. The expression ‘Sati’ in Sanskrit literature is a feminine noun of ‘Sat’ or truthfulness and honesty. Thus, as per ancient literature, sati means a truthful woman who became synonymous with a devoted and faithful wife over time. The practice of sati might have come into practice during the period when the women apprehending[6] danger to their honour from the enemy in the event of defeat or the death of their husbands embraced voluntary death[7] by jumping into the fire, known as ‘Jauhar’. This practice was practised in Rajasthan since most of the community belonged to warriors[8]. Sati was a common custom during the ‘Vijayanagara’ empire. A large number of widows and female slaves used to be co- cremated[9] on the pyres[10] of their husbands in the 15th and 16th centuries.
2) Mughal Period:-
It was a common practice at the time of the Mughal period. Even betrothed[11] girls had to commit sati on the pyre of their would-be-husbands. According to Akbar’s biography,[12] Raja Man Singh had 1500 wives, and 60 of them burnt themselves on his funeral pyre[13] after he died in 1614. There are some instances of Muslim women’s sacrificed[14] (buried alive) with their husbands.
3) British Period:-
Even the British had not interfered in the system except for some courageous[15] Britishers. It was only when, in 1818, Raja Ram Mohan Roy, with his movement for ‘modernisation of India’, agitated[16] against this inhuman custom. At that very time, Lord William Bentinck arrived in India. He prohibited the existing practice of ‘sati’, making severe[17] punishment for practising the same. He prohibited the practice on 4th December 1829 by regulation[18].
III] THE COMMISSION OF SATI (PREVENTION) ACT, 1987:-
1) Historical background of an Act:-
The evil of Sati could not be eradicated entirely even after independence. Many cases were found wherein ‘sati’ was practised. Roop Kanwar’s case shook the whole of India and made us remember that ‘sati’ is still in practice. This incident of ‘sati’ took place on the 4th of September 1987 in the village of Deorala in Rajasthan. Roop Kanwar was reported to have voluntarily climbed her husband’s funeral pyre (Mal Singh). She had just married nine months before this untoward incident[19]. The Hindus elevated[20] this incident as an example of a devoted[21] wife. Processions[22] in support of the incidence were also made. It was shown that she voluntarily climbed onto her husband’s funeral pyre. However, the report showed that she was injected with morphine by her family doctor to make her insensitive[23] to the horrors of burning. According to the police report, Roop Kanwar had brought with her a dowry of 440 grams of gold, a fixed deposit of Rs. 30000, a colour TV, a cooking range and a refrigerator, which, according to the Rajput law, should have gone to her parents after husband’s death. These circumstances raised a sharp controversy[24] about whether Roop Kanwar voluntarily committed sati or was forced to climb on her husband’s funeral pyre. It was the third incident in the same village. The whole village was making money from this incident by selling cards, talismans, booklets, etc.
2) Object:-
The Commission of Sati (Prevention) Act, 1987 was passed with the object of providing more effective prevention of the commission of sati and its glorification[25] and for the prevention of matters connected with the sati and incidental[26] thereto. The definition of ‘sati’ under this Act is discussed above.
3) Punishment for offences relating to sati:-
i) Attempt to commit sati[27]:-
Whoever attempts to commit sati or does any act towards such commission shall be punished with imprisonment for a term which may extend to one year or with a fine or both.
ii) Abetment of Sati[28]:-
Whoever abets directly or indirectly an attempt to commit sati shall be punishable with death or imprisonment for life and also be liable to a fine.
This section explains the following acts that can be called abetment to commit sati.
(a) Inducement[29] to a widow or woman to get her burnt[30] or buried alive along
with the body of her husband or with any other relative or with any article
of her husband.
(b) making a widow believe that the commission of sati would result in
some spiritual benefit[31].
(c) encouraging[32] a widow to remain fixed in her resolve[33] to commit sati.
(d) participating[34] in any procession[35] in connection with the commission of
sati.
(e) being present at the place where sati is committed.
(f) preventing or obstructing[36] the widow or woman from saving herself from
being burnt or buried alive.
(g) obstructing the police in the discharge of its duties of taking any steps to
prevent the commission of sati[37].
iii) Glorification of sati[38]:-
Whoever does any act for the glorification of sati shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years and with a fine which shall not be less than five thousand rupees and may extend to thirty thousand rupees.
IV] PENAL PROVISION UNDER I.P.C:-
- 306 and 309 are relevant penal provisions to sati.
- i) 306 provide punishment of imprisonment of up to ten years and a fine to him who has abetted the suicide, and the suicide is committed accordingly[39].
- ii) 309 provides punishment of imprisonment for two years or with a fine or both to him who attempts suicide[40].
V] POWER OF COLLECTOR:-
Following powers are given to the Collector or District Magistrate to Prevent Offences relating to sati.
- i) He can prohibit sati or any abetment for the commission of sati[41].
- ii) Can order with State government approval removal of any Sati temple built recently, i.e. within twenty-five years[42].
iii) Seize any property or fund which he believes to have been collected for the purpose of glorification of the commission of any sati[43].
*****
[1] सती
[2] अनिनिष्ठ प्रथा [इस बुराई पर अंकुश]
[3] विधवा
2 That relative may be a son, a master, a king or so on.
[4] दहन [दाह संस्कार]
[5] मध्ययुग [मध्यकाल]
[6] भीती वाटणे [आशंका करना]
[7] स्वच्छेने मृत्युला कवटाळणे [स्वैच्छिक मौत
[8] योद्धे [योद्धा]
[9] एकत्र दहन [सह-अंतिम संस्कार]
[10] चिता [चिता]
[11] वागदत्त वधू [मंगेतर]
[12] आत्मचरित्र [जीवनी]
[13] चिता
[14] त्याग करणे [बलिदान]
[15] धैर्यवान [साहसिक]
[16] चळवळ करणे [आंदोलन करना]
[17] कडक [सख़्त]
[18] कायदा [अधिनियम]
[19] विचित्र घटना [अप्रिय घटना]
[20] उदोउदो करणे [बुलंद करणा]
[21] पतिव्रता पत्नी [समर्पित पत्नी]
[22] मिरवणूक [जुलूस]
[23] [संवेदनाशून्य]
[24] [विवाद]
[25] S. 2 (b) of the Act, defines glorification as, the glorification in respect of sati, means-
(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 eulogize the person who has committed sati, or
(iv) the creation of a trust, or the collection of funds or the construction of a 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.
[26] अनुषंगिक
[27] सती जाणेचा प्रयत्न
[28] सती जाण्याला फूस [सती का दुष्प्रेरण]
[29] भूरळ पाडणे [प्रलोभन]
[30] जाळून, पुरुन घेणे [जलाना]
[31] धार्मिक/आत्मिक सुख [आध्यात्मिक लाभ]
[32] उत्तेजन [उत्साहजनक]
[33] निर्धार [संकल्प]
[34] सहभाग [भागलेनेवाले]
[35] मिरवणूक [जुलूस]
[36] प्रतिबंध व अडथळा [रोकने या बाधित करनेवाला]
[37] सतीबंदीचे कर्तव्य बजावणा-या पोलीस अधिका-यास अडथळा करणे. [कोई भी कदम उठाने के अपने कर्तव्यों के निर्वहन में पुलिस को बाधा डालना]
[38] उदोउदो करणे [सती की महिमा मांडण]
[39] आत्महत्येस प्रवृत्त करणे [उसी के अनुसार आत्महत्या की जाती है तो]
[40] आत्महत्त्या प्रयत्न करणे [आत्महत्या का प्रयास करता है]
[41] सती किंवा सतीला फूस लावण्याचा प्रतिबंध [सती जाने के लिए उकसाना]
[42] राज्य सरकारच्या संमतीने अलिकडील सती मंदीरे काढण्याचा आदेष देणे [हाल ही में बने किसी भी सती मंदिर को हटाने के लिए राज्य सरकारों की मंजूरी से आदेश दे सकता है]
[43] सतीचे उदोउदो करण्यासाठी जमवलेली मालमत्ता किंवा पैसा जप्त करणे [किसी भी सती के कमीशन का महिमामंडन]