Sati, and the Commission of Sati (Prevention) Act 1987

Glorification, section 2(b)

"Glorification", in relation to sati, whether the sati was committed before or after the commencement of the 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;

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

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

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

The words "among other things" make the list inclusive, not exhaustive. Note also that the sati glorified may have been committed before the Act, which is what allows action against long-standing temples.

When MU asks for "any two acts amounting to glorification", any two of those four will do, and the procession and the collection of funds are the easiest to state.

Temple, section 2(e)

"Temple" includes any building or other structure, whether roofed or not, constructed or made to preserve the memory of a person in respect of whom sati has been committed, or used or intended to be used for worship or for the observance of any ceremony in connection with such commission.

The words "whether roofed or not" are there so that a platform or a shrine open to the sky cannot be argued out of section 7.

Section 2(1)(a) defines "Code" as the Code of Criminal Procedure 1973, and section 2(1)(d) defines "Special Court". Section 2(2) provides that words used but not defined here, and defined in the Indian Penal Code or the Code, carry those meanings.

Part II: the offences

Section 3: attempt to commit sati

Whoever attempts to commit sati and does any act towards such commission is punishable with imprisonment up to six months, or fine, or both.

The proviso is unusual and humane, and it deserves a sentence in any answer. Before convicting, the Special Court must take into consideration the circumstances leading to the commission of the offence, the act committed, the state of mind of the person charged at the time, and all other relevant factors.

Read section 3 with section 4 and the design becomes obvious. The woman who attempts sati faces six months and a direction to the court to weigh her state of mind. The people who pushed her towards it face death or life. The Act punishes the widow lightly and deliberately, because it treats her as the victim of everyone around her.

Section 4: abetment

Section 4(1): if any person commits sati, whoever abets the commission, directly or indirectly, is punishable with death or imprisonment for life, and is also liable to fine.

Section 4(2): if any person attempts to commit sati, whoever abets the attempt, directly or indirectly, is punishable with imprisonment for life, and is also liable to fine.

That is the answer to "what is the punishment for abetment of sati": death or life where the sati is committed, life where it is only attempted.

The Explanation deems the following, and the like, to be abetment:

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

(b) making a widow or woman believe that committing sati would bring some spiritual benefit to her, or to the deceased, or to 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;

(d) participating in any procession in connection with the commission of sati, or aiding her decision by taking her along with the body to the cremation or burial ground.

Clause (b) is the one to notice. It makes the religious argument itself the offence. Telling a widow that sati will earn merit is abetment, whatever the speaker believes.

Section 5: glorification

Whoever does any act for the glorification of sati is punishable with imprisonment not less than one year, extending to seven years, and with fine not less than five thousand rupees, extending to thirty thousand rupees.

A minimum sentence of a year for glorification, when the widow's own attempt carries a maximum of six months, is the plainest statement of what the Act is aimed at.

Part III: the powers of the Collector or District Magistrate

Section 6: power to prohibit. Where the Collector or District Magistrate is of opinion that sati or any abetment of it is being or is about to be committed, he may by order prohibit the doing of any act towards its commission in a specified area. He may also by order prohibit the glorification of sati in any manner in a specified area. Contravention of either order, where not punishable under another provision of the Act, carries the same sentence as glorification: one to seven years and five thousand to thirty thousand rupees.

Section 7: power to remove temples. Where a temple or structure has been in existence for not less than twenty years and worship or ceremony is carried on there to perpetuate the honour or preserve the memory of a person in respect of whom sati has been committed, the State Government may order its removal. For any other temple or structure, that is, one standing for less than twenty years, the Collector or District Magistrate may order removal. If the order is not complied with, the authority is to have the structure removed through a police officer not below the rank of Sub-Inspector, at the cost of the defaulter.

The twenty-year line is the examinable detail. The older the shrine, and so the more sensitive its removal, the higher the authority that must order it.

Section 8: power to seize property. Where the Collector or District Magistrate has reason to believe that funds or property have been collected or acquired for the purpose of glorifying a sati, or are found in circumstances creating suspicion of an offence under the Act, he may seize them. He must report the seizure to the Special Court and await its orders as to disposal.

Part IV: Special Courts, and the rest

Section 9 provides that all offences under the Act are triable only by a Special Court. The State Government constitutes one or more, by notification, with jurisdiction over the whole or part of the State. A Special Court is presided over by a Judge appointed by the State Government with the concurrence of the Chief Justice of the High Court, and nobody may be appointed unless he is, immediately before the appointment, a Sessions Judge or Additional Sessions Judge.

Section 10 provides for Special Public Prosecutors, section 11 for the procedure and powers of Special Courts, section 12 for the trial of connected offences, section 13 for forfeiture of funds or property on conviction, and section 14 for an appeal, which lies as a matter of right. Section 15 protects action taken in good faith.

Section 16: burden of proof. Where a person is prosecuted of an offence under section 4, the burden of proving that he had not committed it is on him. This is a reverse burden, and it is confined to abetment. It does not apply to section 3 or section 5.

Section 17: obligation to report. All officers of Government are required and empowered to assist the police in executing the Act. All village officers, and such other officers as the Collector or District Magistrate specifies for an area, and the inhabitants of that area, must report forthwith to the nearest police station if they have reason to believe or know that sati is about to be, or has been, committed. Contravention carries imprisonment of either description up to two years and a fine.

Section 17(2) is worth pausing on. It places a duty on the inhabitants of the area, not only on officials. Silence in the village is itself an offence.

Section 18: disqualification from inheriting. A person convicted of an offence under section 4(1), that is, of abetting a sati that was actually committed, is disqualified from inheriting the property of the person in respect of whom the sati was committed, and the property of any other person which he would have been entitled to inherit on that person's death.

This is where a criminal statute reaches back into the law of succession, and it is why the section is worth carrying into Module III. It is a disqualification of the same family as the murderer's disqualification, and it is the answer to a problem question in which the abettor stands to inherit from the widow he helped to kill.

Section 19 is repealed. It amended another Act and was repealed by the Repealing and Amending Act 2001 with effect from 3 September 2001. Section 20 gives the Act overriding effect, section 21 the rule-making power, and section 22 repeals existing laws on the subject.

A worked example

A widow is placed on her husband's pyre. Her brother-in-law leads the procession and tells the crowd she will attain heaven. She is pulled out alive. A month later the village builds a small shrine at the spot, collects donations for it, and a local leader publishes a eulogy. He then stands for election.

Is this sati? Section 2(1)(c): sati is the burning or burying alive of a 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, whether or not such burning or burying is claimed to be voluntary, and it extends to any woman along with the body of any of her relatives, irrespective of whether she is a widow.

She survived. What follows? Section 3: attempting to commit sati is punishable with imprisonment up to six months or fine or both, and the court is directed to have regard to the circumstances and to her state of mind.

The brother-in-law. Section 4: abetment of sati carries death or imprisonment for life and a fine. And section 4(2) deems certain acts to be abetment: inducing the widow, making her follow her husband's body, encouraging her resolve, promising spiritual benefit, praising past satis, and participating in the procession.

The shrine, the fund and the eulogy. Section 5: glorification carries one to seven years and a fine of five to thirty thousand rupees, and by section 2(1)(b) glorification includes any ceremony or procession in connection with the commission of sati, supporting, justifying or propagating the practice, arranging any function to eulogise the person who committed it, creating a trust or collecting funds, constructing a temple, or performing any ceremony or rite at the place.

Who acts against the shrine? Sections 6 and 7: the Collector or District Magistrate may prohibit acts towards the commission or glorification of sati and may seize funds and property; and while the State Government removes temples or structures more than twenty years old, the Collector removes those constructed more recently.

And the election? Section 18: a person convicted of an offence under section 4 is disqualified from inheriting the property of the person in respect of whom the sati was committed, and the Act provides for disqualification from contesting elections.

Where is the case tried? Part IV: by a Special Court, and the offences are triable summarily where the Act so provides.

What it does NOT mean

Sati is not confined to a widow with her husband. The definition reaches any woman burnt or buried alive with the body of any of her relatives.

It is not confined to a body. It includes burning or burying with any article, object or thing associated with the husband or relative.

Voluntariness is no answer. The definition applies "whether or not such burning or burying is claimed to be voluntary".

Glorification is not only a ceremony. It includes propagating the practice, eulogising the woman, collecting funds, and building a temple.

Attempting sati is not treated like an ordinary attempt. The court is directed to consider the woman's state of mind.

The Collector's power over shrines is not unlimited. Structures more than twenty years old are for the State Government.

Quick revision

• s.2(1)(c): sati is the burning or burying alive of a widow with the body of her deceased husband or any other relative, or with any article, object or thing associated with him, whether or not claimed to be voluntary; and of any woman with the body of any of her relatives, whether or not she is a widow.
• s.2(1)(a) "glorification" includes any ceremony or procession; supporting, justifying or propagating the practice; any function to eulogise the person; creating a trust or collecting funds; constructing a temple; and performing any ceremony or rite at the place.
• s.3: attempt to commit sati: up to six months or fine or both, the court having regard to the woman's state of mind.
• s.4: abetment: death or imprisonment for life and fine; sub-section (2) deems as abetment inducement, making her follow the body, encouraging her resolve, promising spiritual benefit, praising past satis, and joining the procession.
• s.5: glorification: one to seven years and a fine of five to thirty thousand rupees.
• ss.6 and 7: the Collector or District Magistrate may prohibit and seize; the State Government removes temples over twenty years old, the Collector the newer ones.
• Part IV: Special Courts; s.18: a person convicted under s.4 is disqualified from inheriting the property of the person concerned.

Test yourself

1. Define sati under the Act. The burning or burying alive of 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, whether or not such burning or burying is claimed to be voluntary; or of any woman along with the body of any of her relatives, irrespective of whether such burning or burying is claimed to be voluntary and irrespective of whether she is a widow.

2. What is the punishment for attempting to commit sati? Imprisonment for a term which may extend to six months, or with fine, or with both, under section 3; and the court is to have regard to the circumstances of the case and to the state of mind of the woman.

3. State any two acts amounting to abetment of sati. Inducing a widow or woman to get burnt or buried alive along with the body of her deceased husband or any other relative, or to remain fixed in her resolve; making her follow the body in a procession; encouraging her in her resolve by carrying her with the body to the cremation ground; being present at the place as an active participant; or holding out that the commission of sati will result in some spiritual benefit.

4. What is the punishment for glorification of sati? Imprisonment for a term which shall not be less than one year but which may extend to seven years, and a fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees, under section 5.