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Union of India - Section
Section 105 in The Commission Of Sati (Prevention) Act, 1987
105.
Statement of Objects and Reasons.-The recent incident of the commission of sati in the village of Deorala in Rajasthan, its subsequent glorification and the various attempts made by the protagonists of this practice to justify its continuance on religious grounds had aroused apprehension all over the country that this evil social practice, eradicated long back, will be revived. A general feeling had also grown in the country that the efforts put in by social reformers like Raja Ram Mohan Roy and others in the last century would be nullified by this single act in Rajasthan. The commission of sati in Deorala was also followed by a number of congregations, ceremonies and festivals, and attempts were also made to collect funds for the construction of a temple at the site where sati was committed. The place had also attracted large number of crowds and in spite of the various steps taken by the State Government of Rajasthan and the order of the High Court of Rajasthan to prohibit any ceremony being conducted, it was feared that a temple would be constructed at the site to perpetuate the memory of the widow who committed sati. These had evoked protests throughout the country and demands are being made by the women's organisations and from persons inside and outside Parliament for the enactment of a strong and deterrent Central law to provide for the more effective prevention of the commission of sati and its glorification so that this practice or its glorification is not continued in States where there is no law for the prevention or glorification of sati. Although the offence of attempt to commit suicide as contained in section 309 of the Indian Penal Code had been held by various High Courts to include the commission of sati punishable under the provision, the sentence provided in that section was not deterrent enough to prevent the commission of such practice. Further, that section also did not provide for the glorification of sati subsequent to the commission of sati. There are at present only three laws in force in the States, including the Rajasthan Sati (Prevention) Act, 1987. The other two enactments are the Bengal Sati Regulation, 1829 (Bengal Regulation XVII of 1829) and the Tamil Nadu Sati Regulation, 1830 (Tamil Nadu Regulation I of 1830).2. It is, therefore, considered desirable to enact a Central law which should be applicable to the whole of India other than the State of Jammu and Kashmir. The Bill, among other things, provides for the following matters, namely:-(i) the definition of sati would include not only a burning or burying alive of any widow alongwith the body of the deceased husband but would also include such burning or burying of any woman with any other relative or with any article, object or thing associated with the husband or such relative irrespective of whether such burning or burying is claimed to be voluntary or otherwise;(ii) a definition of glorification of sati has been included which would include the observance of any ceremony, participating in any procession connected with the commission of sati or of any function to eulogise the person who had committed sati. The definition would also include the construction of any temple or the performance of carrying on of any form of worship for the performance of ceremony thereat;(iii) the offence of attempt to commit sati will be punishable with the same punishment as is provided for the offence of attempt to commit suicide under section 309 of the Indian Penal Code. This is because in most cases the widow or the woman is compelled to commit sati and invariably shall will not be in a fit state of mind or will be labouring under a state of intoxication or stupefaction or other cause impeding the exercise of her free will;(iv) the abetment of sati will be punishable with death or imprisonment for life and shall also be liable to fine while the abetment of any attempt to commit sati will be punishable with imprisonment for life and fine;(v) the glorification of sati is punishable with a minimum imprisonment of one year which may extend to seven years and with a minimum fine of five thousand rupees which may extend to thirty thousand rupees;(vi) the Collector or District Magistrate has been given the power to prohibit the doing of any act towards the commission of sati in any area if he is of the opinion that sati is likely to be committed in such area. The State Government or the Collector or District Magistrate has also been empowered to remove temples or other structures constructed for the glorification of sati and to seize properties acquired for such purpose;(vii) the offences under the proposed legislation will be triable only by a Special Court constituted under the provisions of the legislation;(viii) where any person is prosecuted of an offence of abetment of sati or the abetment of an attempt to commit sati, the burden of proving that he had not committed the offence shall be on him. A person who is convicted of an offence of abetment of sati will also be disqualified from inheriting the property of the person who commits sati;(ix) the Representation of the People Act, 1951 is being amended to provide for disqualification for standing for election to Parliament or to any State Legislature during the period of conviction and for a period of five years since his release. The propagation of commission of sati or its glorification by a candidate at such an election will also be deemed to be a corrupt practice under that Act.3. The Bill seeks to achieve the above objects.An Act to provide for the more effective prevention of the commission of sati and its glorification and for matters connected herewith or incidental thereto.Whereas sati or the burning or burying alive of widows or women is revolting to the feelings of human nature and is nowhere enjoined by any of the religions of India as an imperative duty;And whereas it is necessary to take more effective measures to prevent the commission of sati and its glorification;Be it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:| Received the assent of the President on 3.1.1988 and published in the Gazette of India, Ext., Pt.II, Section 1, dated 6.1.1988.Enforced on 21.3.1988 vide G.S.R.359(E), dated 21.3.1988. |