SATI PRATHA - A Banned Funeral Custom in India Project

SATI PRATHA: A BANNED FUNERAL
CUSTOM IN INDIA
Submitted by:
Sanya Suman, B.B.A. L.L.B(Hons.) (2632)
Semester-1st
Submitted to:
Mr. Vijayant Sinha
Faculty of Legal Methods and Research Methodology
This final draft is submitted in the partial fulfilment of the (B.B.A.
L.L.B) course in Legal Methods and Research Methodology
October 2021
Chanakya National Law University, Patna
SATI PRATHA – A BANNED FUNERAL CUSTOM IN INDIA
ACKNOWLEDGEMENT
I take this opportunity to express my profound gratitude and deep
regards to my guide Mr. Vijayant Sinha, Faculty, Legal Method and
Research Methodology, for his exemplary guidance, monitoring and
constant encouragement throughout the course of this project. The
blessing, help and guidance given by him from time to time shall
carry the researcher long way in the journey of life on which the
researcher is about to embark.
The success and final outcome of this project required a lot of
guidance and assistance from many people and I am extremely
privileged to have got this all along the completion of this project.
Last, but not the least, I am thankful to all the members of my family,
friends and teachers without whose assistance and encouragements I
could not have been able to complete my thesis.
Sanya Suman
B.B.A. L.L.B (Hons.)
Semester 1st
Page | 2
DECLARATION
I, Sanya here by declare that the work reported in B.B.A L.L.B (Hons.) project
report titled “ Sati Pratha – A Banned Funeral Custom in India” submitted at
Chanakya National Law University, Patna is an authentic record of my work
carried out under the supervision of Mr. Vijayant Sinha. I have not submitted
this project from elsewhere and I am fully responsible for the contents of my
project report.
Sanya Suman
2632, B.B.A L.L.B
Semester 1st
Page | 3
TABLE OF CONTENTS
1. INTRODUCTION……………………………………….5
2. HISTORY OF SATI PRATHA………………………….9
3. STEPS TAKEN AGAINST SATI……………………….14
4. ABOLITION OF SATI PRATHA………………………16
5. SATI PRATHA A CUSTOM AS A SOURCE OF LAW 18
6. CONCLUSION……………………………………………27
BIBLIOGRAPHY 28
Page | 4
INTRODUCTION
Law is a culmination of its various sources and one such source is “customs”.
Time and again customs have played a huge role in jurisprudence of law. In this
research work we will discuss about one of the customs i.e the Sati Pratha.
Throughtout history, the precarious position of widows has been well known.
Especially among the upper caste Hindus, widowhood meant subjection to
various orthodoxies and exploitation throughout their lives. One such practice
associated with widowhood, that has been immensely debated and contested on
grounds of culture and systematic oppression is system of SATI.
Sati Pratha was a practice among hindu communities where a widowed

woman, either voluntarily or by force immolated herself on the pyres of her
deceased husband. The only solution for a life without husband was to practice
sati as it was considered to be the highest expression of wifely devotion to a
deceased husband. Women were indoctrinated to believe that their destiny lay in
commiting their lives to their husbands even after their death.
1
Sati or Suttee literally means a good woman, a good wife or a virtuous woman.
This practice is associated with Hindu traditions. The name is taken from the
goddess Sati, wife of Shiva, who burned herself to protest her father’s ill-
treatment of her husband.
Sati was supposed to be voluntary, and often it was seen as the proper finale to a
marriage. It was considered to be the signature act of a dutiful wife, who would
want to follow her husband into the afterlife. However, many accounts exist of
women who were forced to go through with the rite. They may have been
drugged, thrown into the fire, or tied up before being placed on the pyre or into
the grave.
1
https://kashgar.com.au/blogs/history/the-practice-of-sati-widow-burning
Page | 5
Sati system prevalent in India was highly debated time and again as this
tradition displayed two contradictory pictures of a woman’s position under the
hindu tradition. One one hand, Sati was portrayed as a cultural opportunity
given to a woman to pursue the highest cultural and religious accomplishment
within the society. While on the other hand this tradition portrayed cultural
barbarism and oppression of woman.
The commission of Sati involved 3 stages:

1. Burning of the woman
2. Glorification of the act
3. Establishment of a temple dedicated to Sati
What does Sati mean?
In mythological terms Sati was the wife of Lord Shiva. Her father never
respected Shiva and often despised him. To protest against the hatred that her
father had towards her husband, she burned herself. While she was burning, she
prayed to be born as Shiva’s wife again.
A) Aims and objective
1. Discuss role of Sati Pratha as a custom of India.

2. Discuss history of Sati Pratha.
3. How did Sati Pratha emerge as a notorious practice?
4. What lead to abolition of Sati Pratha.
5. To deal with the act related to abolition of Sati Pratha
B) Hypothesis
The researcher hypothesizes that:

I. The researcher hypothesizes that Sati Pratha was a barbaric and
forceful practice.
II. Abolition of Sati Pratha was a huge step in curbing the menace faced
by hindu women.
Page | 6
C) Research questions
I. What role did Sati Pratha play as a custom of Law?

II. Whether the practice was justified per se?
III. How did Sati get abolished in India?
D) Research methodology
The researcher will be relying on Doctrinal method of research to complete

the project. These include various primary and secondary sources of literature
and insights.
E) Sources of data
The researcher will be relying on both primary and secondary sources to
complete the project.
● Primary Sources
◦ Sati, a study of widow burning in India by Shakuntla Narasimhan
◦ https://kashgar.com.au/blogs/history/the-practice-of-sati-widow-burning
◦ https://dergipark.org.tr/en/download/article-file/1170035
● Secondary Sources
◦ https://theculturetrip.com/asia/india/articles/the-dark-history-behind-sati-a-
banned-funeral-custom-in-india/
◦ https://indianexpress.com/article/india/she-ceased-to-be-a-woman-was-a-
goddess-6016915/
◦ https://www.researchgate.net/publication/237707719_Sati_Tradition_-
_Widow_Burning_In_India_A_Socio-Legal_Examination
◦ https://feminisminindia.com/2018/10/29/sati-history-india/
Page | 7
Review of Literature
The book Sati, a study of widow burning in India offers an unnerving and
carefully documented study of the Indian Custom where women used to bring
glory on themselves and their families by self-immolation on the pyres of their
dead husband. The author shows how Sati system throughout the Indian history
was a social attitude to denigrate women. A widows life is particularly wretched
and even today widows are routinely excluded from various religious functions
and festivities. The author demonstrates how the combination of a number of
factors ; lack of education and economic compulsions and male chauvinism
helped to explain how a culture rooted in the tenets of compassion and non -
violence can encourage the burning of widows.
F) Limitations of the study

The researcher has a restricted access to various reports and other forms of of
relevant literature and huge portion of required literature is not available at the
researcher’s disposal due to limited access to e-resources and paucity of time as
well.
G) Mode of Citation
The mode of citation used in Bluebook Citation Edition 20th.
Page | 8
HISTORY OF SATI PRATHA

When and how Sati originated is a controversial topic among scholars because
of conflicting data about it. However, hindus regarded it as a sacred tradition
because many religious text of hindus has directly or indirectly mentioned Sati
practice and its afterlife benefits.
The word "Sati" is derived from the name of the Goddess Sati, since she was
the first woman to immolate herself. Mass suicide known as Jauhar is another
form of Sati, it was performed by Rajput Hindu women at the end of the battle
to prevent themselves from falling in the hands of enemy troop. In some Indian
kingdoms, when a king died his court officers, and his servants were used to be
accompanied him to his death. This tradition had been followed since ancient
times in India. Sati was considered as a dignified sacrifice, a glory and a way to
clean the sins of the spouse and his family.
2
Globeatrotters such as Al Biruni (973-1048 CE), and Ibn Battuta (b. 1304 CE)
and many others who travelled to India have mentioned in their travel books
about sati being performed openly and publicly. "Sati" became common after
the 13th century in India it was because of the religious texts of Hindus such as
Puranas, Mahabharata which talked about sati. Some religious texts of Hindus
talk about sati in a clear way, but some don't.
The exact origin of the Sati is unknown, but scholars say that it emerged for two
reasons first, for the upper-class funerals; it added more grandeur to their
funerals, and the idea of cremating the items of the deceased with him is applied
here, as his wife is considered one of his possessions. Second to keep the
women safe from the enemy invading their territory, for example, Mughals
2
https://dergipark.org.tr/en/download/article-file/1170035
Page | 9
invading the Rajput territory. It is said that when a soldier of the Rajput army
was killed in the battle, his wife would immolate herself on his funeral pyre to
prevent herself from falling into the hands of Mughals. In India, only the people
of Rajput caste living in Rajasthan perform mass suicide called Jauhar when
defeated in battles. For example, Queen Padmini and her womenfolk committed
mass suicide to prevent the Muslim sultan of Delhi Alauddin Khilji from
capturing them. Because of this incident, many believe that Sati came into
existence just to avoid women from being captured by Muslims who invaded
India. Among princes and the people of the higher caste, widow burning was
regarded as a collective act. For example, in 1724, sixty-six women were
burned alive at the funeral of Ajit Singh of Marwar Jodhpur, and eighty-four
women were sacrificed at the funeral of Budh Singh, a king of Bundi. There is a
resemblance in Sati and Jauhar, and the only difference is Jauhar was done by
Rajput widows at the end of a defeated battle, while Sati by a normal Hindu
widow in a religious context.8 A widow gains dignity and power if she decides
to die alongside her husband, and by doing that, she brings honour to her
husband's family. Therefore, by her dignified sacrifice, the widow can avert
being despised and procure glory for herself and her family.
Page | 10
3
Sati was so famous that even the travelers who came to India were familiar
with Sati. One such example is Al Biruni (973-1048 CE). He mentions Sati in
his book. At the same time, he was writing about Hindu culture and customs.
Another example is of Ibn Battuta (b. 1304 CE), who wrote about Sati in his
book and gives detail information on how several widows were burned to death
for this Sati ritual.
The religion played a vital role in developing and evolving and spreading Sati
through examples and instructions which were given by the Brahmin priest.
Sati, the Hindu goddess and the wife of God Shiva, is the best example of the
Sati ritual. The father of goddess Sati didn't like Sati and her husband Lord
Shiva, thus didn't invite. them to an important ceremony. Goddess Sati went to
confront her father about this matter but insulted her husband then she became
furious and angry with her father. She could not accept this disgrace and
dishonour of her husband and, in her fury, burned herself alive. Although she
was not a widow or died alongside her husband, this became an example and
initiation for the future Sati ritual. Marriage in Hinduism is an inseparable bond,
and dying with the husband was like joining him in the afterlife and continuing
being a couple. In Hinduism, they have a reincarnation system, which means
they believe that after death, a soul enters a new body and continues to live in
that body in the form of new life. Thus according to the vow taken by the bride,
she has to be with her husband for seven lives. It was considered essential for
another reason because this Sati ritual was believed to be the cleansing ritual of
their sins and their family's sins.
3
Page | 11
Sati in religious texts

4
The Vedas don’t give the details about Sati; just it provides us with a hint and
explains what should a woman do when her husband dies. In Rigveda burning
of the wife is not explicitly mentioned: “Let these unwidowed dames with noble
husbands adorn themselves with fragrant balm and unguent. Decked with fair
jewels, tearless, free from sorrow, first let the dames go up to where he Lieth.”
This shloka(verse) talks about the widow and says the widow should wear good
perfume and apply creams to her body, should not grief or cry, should be free
from sorrow and go up to the place where her husband lies. This verse doesn’t
say much about burning in the fire, but it just gives the hint of a woman being
present in her husband's funeral pyre.
In Atharvaveda a religious text which is also a part of Vedas says, a wife is

advised to join the dead husband in the afterlife in the next world. So she must
die in the funeral pyre of her husband: "Choosing her husband's world, O man,
4
Page | 12
this woman lays herself down beside thy lifeless body. Preserving the ancient
custom faithfully. Bestow upon her both wealth and offspring." In addition to
this, Purana, another religious text which is considered sacred by Hindus, has a
clear verse that indicates Sati practice, this verse says that women have to
immolate themselves after their husband’s death: “It is the highest duty of the
woman to burn herself after her husband.”
Page | 13
STEPS TAKEN AGAINST SATI
DURING THE MUGHAL PERIOD
Many steps were taken againt Sati by various Mughal rulers like first was
Mohammed Bin Tughlak who opposed Sati and raised his voice against it. He
made it compulsory to get a license before burning the widow, to discourage
Sati and put a stop on peacefully immolating a widow. Then after Mughal
emperor Humayun took a big step and tried to end it altogether. He prohibited
this practice even if the women is willing to perform. This system of obtaining
licence continued to prevent sati practices. After him, Akbar stopped forceful
Sati practice in his kingdom and said that if a Hindu woman wished to perform
Sati, they should stop her but not force her against her will. He even appointed
many men to stop this practice if performed forcefully. In some of the cases, he
intervened personally to stop a woman from performing Sati.
After him, Jahangir officiallyaprohibited Sati and infanticide. But some say that
the prohibition was only in the paper and not very strictly enforced. After him,
Shah Jahan stopped women with children to practice Sati and allowed the
children of widows to get an education. The people should get permission from
the governor if they want to practice Sati, but the governor would not give it
easily. After him, Aurangzebabanned the practice of Sati in his empire. But
could do not abolish it permanently; there were cases reported where Sati was
performed even after its prohibition. We can say that by different means, many
Muslim emperors tried to save the widow and have succeeded in many of their
attempts, if not all, thus many widows were saved by them.
IN THE 19th CENTURY
Then came the British East India Company, the British argued that Sati was not
a practice to send the wife and husband in heaven but to remove the widows
claim over his husband’s property and were treated as a liability.
Page | 14
To prove that Sati was a barbaric practice, the British appointed pandits in civil
courts and Nizamat Adalats to help them build a case against it by decoding
religious scriptures such as Manusmriti and other Shrutis and Smritis.5 The
British posed specific questions regarding the practice and asked the pandits to
answer the same. British wanted to prove that indigenous people followed
religious practices with no conscience and they modified the interpretations to
suit their goal, despite having proof that it may be otherwise.
ROLE OF RAJA RAMMOHAN ROY
Raja Rammohan Roy is known as the pioneer of women’s rights in India,

because he came out in support of the abolition of Sati. He was a vociferous
campaigner against Sati. Since 1818, he wrote in great detail about Sati and how
he was pro-abolition. His writing, however, also focused on reading and
interpretation of scriptures. He wrote article in his journal Sambad Kaumudi
advocating Sati’s prohibition. Roy argued that Hindu scriptures did not condone
or encourage Sati, and his views resonated with the British argument that
widows were coerced into the pyre for material gains. According to him,
Manusmriti was above all and it did not mention anywhere about Sati. In 1830,
he presented a petition along with 300 signatories to the Governor-General of
Bengal, Sir William Bentinck with more evidence against the wrongful
interpretation of the scriptures, a year after the enactment of the Sati Regulation
Act.
5
https://feminisminindia.com/2018/10/29/sati-history-india/
Page | 15
ABOLITION OF SATI PRATHA
Abolition of Sati Practice was one of the landmark moments in the history of
India.
Sati came to an end in the 19th century when India was under British rule. In
1829 a British man William Bentinck prohibited Sati. The Bengal Sati
Regulation Act banned the Sati practice in all jurisdiction of British India on
Dec 4, 1829 by the then Governor-General Lord William Bentinck. The act
described the Sati practice as revolting to the feelings human nature.
After this law was enacted, similar laws prohibiting this custom were passed in
princely states in India. In 1861, after the control of India went on to the British
Crown directly, Queen Victoria issued a general ban on Sati throughout India.
The State Government of Rajasthan passed Sati (Prevention) Act,1987 whereby
the voluntary or forced burning or burying alive of widows, and the glorifying
of such acts including the participation in any procession of Sati became
punishable. This Act became an Act of the Indian Parliament in 1988 when
commission of Sati (Prevention) Act, 1987 was enacted.
ACTS IN BRIEF
1. BENGAL SATI REGULATION ACT, 1829
Lord William Bentinck became Governor-General of India in 1828. In 1829
he passed a law banning Sati. The Act stated:
6
The practice of suttee, or of burning or burying alive the widows of Hindus,
is revolting to the feelings of human nature; it is nowhere enjoined by the
religion of the Hindus as an imperative duty; on the contrary a life of purity
and retirement on the part of the widow is more especially and preferably
inculcated, and by a vast majority of that people throughout India the
practice is not kept up, nor observed: in some extensive districts it does not
exist: in those in which it has been most frequent it is notorious that in many
instances acts of atrocity have been perpetrated which have been shocking to
the Hindus themselves, and in their eyes unlawful and wicked….The practice
6
Sati Regulation XVII A. D. 1829 of the Bengal Code
Page | 16
of suttee, or of burning or burying alive the widows of Hindus, is hereby

declared illegal, and punishable by the criminal courts.
2. SATI (PREVENTION) ACT, 1987
This act was primarily enacted by government of Rajasthan. Later it became
an act of Parliament of Indian in 1988. Named The Commission of Sati
(Prevention) Act 1987, in 1988.
The Act seeks to prevent Sati, and to prohibit glorification of this action
through the observance of any ceremony, participation in any procession,
creation of a financial trust, construction of a temple, or any actions to
commemorate or honour the memory of a widow who committed Sati.
Page | 17
SATI PRATHA - A CUSTOM AS A SOURCE OF LAW

Law is a culmination of its various sources and one of the sources is customs.
Customs or traditions that generally a society or a country is or is not following
from time immemorial. One of the customs we all have been familiar with and
discussed in this project work is the Sati Pratha. The Sati Pratha is the source
for enactment of the Bengal Sati Regulation Act, 1829 and the Sati Prevention
Act 1987 that later became act of parliament as The Commission of Sati
Prevention Act, 1987.
The Commission of Sati Prevention Act, 1987

Motive: This was an act to provide more effective prevention of the commission
of Sati and its glorification.
Why? As Sati or the burning of women 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;
The Act stated:
Whoever attempts to commit Sati and does any act which towards commission
of Sati shall be punished with imprisonment for a term which may extend to one
year or with fine or with both.
The special court trying the offence must 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 charged with the offence at the
time of commission of the act and other relevant factors.
Abetment of sati : Whoever abets the commission of Sati shall be punishable
with death or imprisonment for life and shall also be liable to fine.
Abetment means:
7
(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;
7
https://wcd.nic.in/act/commission-sati-prevention-act-and-rules
Page | 18
8
(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 satior

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.
Miscellaneous
Protection of action taken under this Act : No suit, prosecution or other legal
proceeding shall lie against the State Government or any officer or authority of
the State Government for anything which is in good faith done or intended to be
done in pursuance of this Act or any rules or orders made under this Act.
Burden of proof : Where any person is prosecuted of an offence under Sec. 4,

the burden of proving that he had not committed the offence under the said
section shall be on him.
about to be, or has been, committed in the area shall forthwith report such fact
to the nearest police station.
8
https://wcd.nic.in/act/commission-sati-prevention-act-and-rules
Page | 19
CONCLUSION
Our country India has a rich culture and the people have been following
various customs since time immemorial. While there was no mention of Sati
Pratha in the ancient vedas, still people used to follow it. Goddess Sati
immolated herself in the fire to protest against her father disrespecting Lord
Shiva. It was a voluntary act. The custom followed in India was forceful and
barbaric in nature. While some women immolated themselves voluntarily,
many were forced to do so. In the meantime, Sati Pratha emerged as a
forceful and barbaric practice. A means to escape from the liability of the
widowed woman and in fear of the transfer of her husband’s property to her,
the family members forced women to perform Sati.
Later in the 19th century The British and various activists like Raja
Rammohan Roy helped prevent and abolish Sati Pratha. Steps were also
taken to prevent Sati Pratha in the Mughal period.
After Independence, the Government of Rajasthan passed an act against Sati
Pratha i.e. The Commision of Sati Prevention Act, 1987. Later this act
became part of the act of Parliament in 1988.
The last case of Sati Pratha was of Roop Kanwar, an 18-years-old girl sat on
her husband’s funeral pyre and committed Sati on September 4, 1987. After
a much publicized trial, her in-laws were accused of mother but, on January
31, 2004 a special court acquitted all of them.
Abolition of Sati Pratha was a major step in halting this barbaric practice and
curb the menace caused afterwards.
Every person has the right to life and liberty under Art. 21 of the Indian
Constitution. Forcing someone to immolate in fire or forcing someone to
death is a barbaric practice.
Page | 20
BIBLIOGRAPHY
◦ Sati, a study of widow burning in India by Shakuntla Narasimhan
◦ https://kashgar.com.au/blogs/history/the-practice-of-sati-widow-burning
◦ https://dergipark.org.tr/en/download/article-file/1170035
◦ https://theculturetrip.com/asia/india/articles/the-dark-history-behind-sati-a-
banned-funeral-custom-in-india/
◦ https://indianexpress.com/article/india/she-ceased-to-be-a-woman-was-a-
goddess-6016915/
◦ https://www.researchgate.net/publication/237707719_Sati_Tradition_-
_Widow_Burning_In_India_A_Socio-Legal_Examination
◦ https://feminisminindia.com/2018/10/29/sati-history-india/
◦ https://wcd.nic.in/act/commission-sati-prevention-act-and-rules
Page | 21

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SATI PRATHA: A BANNED FUNERAL

2. HISTORY OF SATI PRATHA………………………….9

3. STEPS TAKEN AGAINST SATI……………………….14

4. ABOLITION OF SATI PRATHA………………………16

5. SATI PRATHA A CUSTOM AS A SOURCE OF LAW 18

Sati Pratha was a practice among hindu communities where a widowed

The commission of Sati involved 3 stages:

A) Aims and objective

1. Discuss role of Sati Pratha as a custom of India.

The researcher hypothesizes that:

I. What role did Sati Pratha play as a custom of Law?

The researcher will be relying on Doctrinal method of research to complete

F) Limitations of the study

HISTORY OF SATI PRATHA

Sati in religious texts

In Atharvaveda a religious text which is also a part of Vedas says, a wife is

STEPS TAKEN AGAINST SATI

DURING THE MUGHAL PERIOD

IN THE 19th CENTURY

ROLE OF RAJA RAMMOHAN ROY

Raja Rammohan Roy is known as the pioneer of women’s rights in India,

ABOLITION OF SATI PRATHA

of suttee, or of burning or burying alive the widows of Hindus, is hereby

SATI PRATHA - A CUSTOM AS A SOURCE OF LAW

The Commission of Sati Prevention Act, 1987

(c) encouraging a widow or woman to remain fixed in her resolve to

(d) participating in any procession in connection with the commission of satior

Burden of proof : Where any person is prosecuted of an offence under Sec. 4,

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