THE SATI PREVENTION ACT – JUST AN ENACTMENT

WITHOUT IMPLEMENTATION

BY
SAKSHAM KHUNGER
ARMY INSTITUTE OF LAW, MOHALI
Mob: 9914033330
E-mail: sakshamkhunger@gmail.com

www.probono-india.in
9th MAY, 2020
ABSTRACT

Sati is an ancient practice of self-immolation by a widow on the funeral pyre of her deceased
husband. What started as a part of the religion and tradition, took a sharp turn to become a practice to
glorify the sacrifice which was usually not done willingly. Nonetheless, there have been legislations
like the Bengal Regulation Act, 1829 during the colonial times due to the efforts to Raja Ram Mohan
Roy and Lord Bentick and the modern-day legislation called the Commission of Sati (Prevention)
Act, 1987. But the efforts of the law-makers seem to go down the drain as we see acts of Sati even in
the 21st Century. It takes more than just legislation to uproot the roots of an evil practice that has
been in the society for so long. The instances of Sati and its glorification have come time and again
with most of them being from the rural areas, where religion and customs are kept at a higher
pedestal than education and rationale. The paper covers the history and concept of Sati, its relevance
and presence in ancient India as well as modern India. The infamous Roop Kanwar incident along
with other cases relating to the Commission of Sati (Prevention) Act, 1987 has been discussed as
well. The paper concludes with the problems faced due to shortcomings in the present legislation and
failure of the Parliament to tend to it and suggestscurbing the problem which shall be only done
through awareness and sensitization among people.
INTRODUCTION

Sati or Suttee is the traditional Indian (Hindu) practice of a widow immolating herself on her
husband’s funeral pyre.1 The practice of sati has been part of the Indian culture and society for ages
and traces its origin from the Gupta period. The term sati means the burning of a living widow with
the corpse of her husband. The word Sati is derived from the Sanskrit word ‘Sat’ which means
goddess, virtue, and truth. Thus, sati means a true and virtuous woman.
This practice was prevalent since the status and identity of a married woman was based on her
husband’s life and relations. The husband was regarded as the most important aspect of her life or
her sole purpose of existence and status was dependent upon her husband. Sati was practiced as a
token of devotion and love towards her husband by ending her life the day her husband is dead.
The name of the practice was derived from goddess Sati, wife of Shiva who burned herself because
of her father’s ill-treatment towards Shiva.

SATI AS A SIGNATURE ACT OF A DUTIFUL WIFE

According to the customs, the practice of sati has to be a voluntary and willful act of a married
woman. Sati has been considered to be the finale of righteous and complete marriage. It was
considered to be the duty of a wife to carry herself with her husband as his support and strength in
the afterlife.
However, this practice in many instances was forced and done against the will of the woman. They
were forced to end their life to ensure that they become a dutiful and righteous wife.
A widow did not have any social standing in that traditional society. So, it was considered that it is
better to end the life of the woman at the moment her husband is dead otherwise she has to go
through a lot of evil social stigma alone.
Though one might say that now it is illegal, as, in India, there is specific legislation that bans Sati
called the Commission of Sati (Prevention) Act, 1987. But the problem is much more deep-rooted in
the society that a single legislation shall not be enough to curb this evil practice which still destroys
the lives of many widows in the name of honor and tradition.
Initially, it was due to the efforts of the great social reformer Raja Ram Mohan Roy that legislation
banning Sati was brought into force by Lord Bentinck who banned the practice of Sati in 1829 and
Lord Dalhousie took strict measures to abolish this evil practice. However, a section of the Hindu
community took pride and glorified the practice of Sati.
1
Nehaluddin Ahmad, ‘Sati Tradition - Widow Burning in India: A Socio-legal Examination’ (2009) 2 Web JCLI
<http://webjcli.ncl.ac.uk/2009/issue2/ahmad2.html> accessed 3 May 2020.
In the year 1987, in Rajasthan an 18-year-old girl Roop Kanwar was burnt alive with her husband’s
corpse. Thousands of people gathered and contended against this sinful practice. Many feminist
organizations and women right protection society appealed for proper and effective legislation that
penalizes the abetting, attempt, and commission of this evil practice.
Thus, The Commission of Sati (Prevention) Act, 1987 came into existence to prevent the
commission of Sati. The Preamble of the Act itself glorifies the need for prevention of the act by
highlighting that Sati is not allowed in any religion as a dutiful act. The act signifies that Sati is an
act that degrades the importance of human dignity and promotes the prevention of this sinful
practice.
The Act creates three new offenses which is punishable –

 Attempt to commit Sati

 Abetment of Sati or the attempt to abet it
 Glorification of sati

ATTEMPT TO COMMIT SATI- An attempt to commit Sati has been a penal offence under section
309 IPC.
ABETMENT OF SATI- Section 4 of the Act says that anyone who indirectly or directly abets or
attempt to abet the commission of Sati shall be punished with death or imprisonment of life and also
be liable to pay fine.
GLORIFICATION OF SATI- It includes observance of ceremony or taking part, supporting or
propagating the ceremony etc. as mentioned in section 2 clause (b) of the act. Section 5 lays down
the punishment for glorification of sati which shall not be less than one year but may extend to seven
years and with fine which shall not be less than five thousand rupees and may extend to thirty
thousand rupees.
The Act succeeds in having a statutory effect as well as rooting out the problem from the very
thought of it by making glorification of the practice of Sati punishable. The crime against human
dignity and right to life has been made punishable under this Act. The corrupt practice- Sati has been
condemned as well as penalised through the initiative of the establishment of the act.

HISTORICAL BACKGROUND ON PRACTICE OF SATI

History points out that practice of Sati were not just limited to India and the Hindus. It was a
widespread practice among the people back then too and Max Muller has given the reference of
widow burning also prevalent among Greeks and Synthians. A Portuguese traveler by the name
Barbosa has mentioned that the practice was not limited to the princely states and extended to other
smaller states like VijaynagraKingdom.2 With little reference of Sati in the Mahabharata and the
Manu Smriti, it was only during the era of Gupta Dynasty that historians have found evidence. The
Jauhar among the Rajput Ladies of Rajasthan is also well-known. Even though the Smritikars have
criticized the practice, it was made an act of greatness by religion and society. Harita said “that
woman who follows her husband in death purifies three families, namely of her mother, of her father
and of her husband.”3The practice was practiced in the states of Rajasthan and Bengal more than the
rest of the country. Ibn-Batuta, the famous Arab traveler has stated in his works that the practice was
considered very praiseworthy than just an obligation. Many efforts were made by the Mughal Rulers
during their regime to prevent Sati. Prior permission had to be sought before committing sati but the
upper-class Hindu families followed their own will. Akbar who ruled from 1556 to 1605 made sure
that his police officials (Kotwals) were informed before a woman committed sati and efforts were
made to avoid and delay the sati by giving the woman and the family gifts, pension etc.
There were a lot of factors for the growth of Sati. Sati did not start as a practice which was forced by
the men and the society on unwilling women. It grew and turned to be this evil social practice as we
all know it today which occurred due to the presence of popular sentiment. 4 It has also been argued
that Sati was always part of the ancient India and across various time periods. But the difference then
was with respect to the consent of the women. Earlier it was done by due to free will of the widow
rather than her succumbing herself to suicide.5
Ananda Coomaraswamy has said that the sati was something that was not imposed by the society or
the man but was done with free will. 6What might look bizarre now was the only option left with the
widow as she did not have any identity after the death of her husband. Sati originated from the upper
class of the society which mainly included the aristocracy, the kings and the noble men. The
immolation of the widow was seen as an act of honour and respect and was bound to add grandeur to
the ceremony and family. Fighting & wars were common and women preferred to die along with
their husband to protect the family honor than to be subject to rival king’s harassment. Jauhar as it is

2
Mamata Rao, Law Relating to Women and Children (2nd edn, EBC Publication 2008).
3
Ibid.
4
P.V Kane, History of Dharmasastra, (Bhandarkar Oriental Research Institute2006).
5
Romila Thapar, ‘In History’ [1988] 342 Seminar 463.
6
Ananda Cooramaswamy, The Dance of Siva (Noonday Press 1971).
called by Rajput ladies in Rajasthan was practiced. With the spread of the practice, Brahmins and
upper caste people all around started performing Sati.7
The spread of Sati across various strata and castes was a result of what is called Sanskritization
where the lower caste in order to fit in the society starting following and embracing the customs,
ideals, tradition and a way of life of the Brahmins. It slowly spread to the kshatriyas and then later on
to the lower castes. Thus,the historians are of the view that Sati instead of becoming a practice that
should have been looked upon was made a status symbol which led to its adoption more widely. In
Hindu religious life, Brahmin’s role is every essential, whether it be birth, marriage, death or some
other vital aspect of life. Some societies even considered them the link between the common man
and the God, as they were considered to be learned men and had wide religious knowledge. This
made their word unquestionable and was followed by the people blindly. The evidence suggest that
the act was done in a subtle manner and the widow and the family was brainwashed in favour of
committing Sati and was portrayed as an act that shall bring laurels to the family. With their selfish
economic interests, they continued to take advantage of their position in society. Furthermore, the
focus of the Sati as a faithful wife shifted to the fact that the widow committing Sati came to seen as
a goddess in which whose memory temples shall be mad. The Rajput ideology also involved the
question of honor and was quoted as a symbol of ideal husband-wife relationship.
The abolition of Sati was not an easy task and Raja Ram Mohan Roy had to suffer through many
sleepless nights to fight for the rights of the widows who did not have a say in the society. When the
efforts were being made by Brahmo Samaj, it was considered as anti-national and anti-Hindu and to
the extent that Raja Ram Mohan Roy was labelled as someone who did not follow the Vedas. On the
contrary, he in a way did not tarnish the sanctity of the Vedas and the Shashtras. He argued that the
there are other ways to protect the honor in the society than burning the wives and the daughters. 8
In the present scene, the incidents are more or less attempts to justify a particular juncture. The
educated classes have also been involved in this public flaunting of the event which is nothing but a
matter of shame and disgrace.

BRITISH REGULATION
Ibid, n 4.
7

Sophie Gilmartin, “The Sati, the Bride, and the Widow: Sacrificial Woman in the Nineteenth Century” (1997) 25
8

Victorian Literature and Culture 141.

Before the British, the Dutch and the French too banned Sati but the efforts bore fruit only under the
Colonial Government under the Lord William Bentick after 1829.9He was not ready to accept the
sharp rise in the deaths due to Sati in his province Bengal and he got the support of the missionaries
and especially an educated section of Hindus led by Raja Ram Mohan Roy.

The Sati Regulation Act, XVII of 1829 came into force after much discussions and was called, “A
Regulation for declaring the practice of suttee or burning or burying alive of the widows of Hindus,
illegal and punishable by the criminal courts”10 Thus, the Act was a major breakthrough in the fight
against Sati as it became a criminal offence and it was punishable where or not the Sati was illegal or
legal. Section 1 of the Act which laid down the intent just like the preamble enunciated, “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...” The
zamindars (landlords), officers and local agents became the eye of the authorities and were required
to report any case of intended Sati. The failure of the officer to willfully not report the incident led to
a fine of Rs 200 or a 6-month imprisonment.11

ORTHODOX OPPOSITION

Surprisingly, the criticism regarding the Sati Regulation came from the Indians rather than the
British. Even before Lord Bentick finalized the Regulation, somewhere close to three hundred
Hindus with orthodox mindsets reached out to him to not to pass the regulation considering it an act
of interference in the religious matter of the Indians. They put forward a variety of arguments
backing the practice of Sati that it was sacred and that it was done with free will. A bunch of Bengali
Brahmins with a similar mindset gather funds to take this matter of regulation up to the highest court.
The matter was finally heard by the Privy Council where reliance was placed by the Brahmins that
Hindus were granted complete religious autonomy. The Privy Council based its decision on
humanity and justice and upheld the validity of the regulation by Lord Bentick. 12 Furthermore, this
decision was followed by the constituencies of Madras and Bombay with their own legislation
banning Sati.

RELIGIOUSSOCIO-ECONOMICAL ASPECTS
9
Anne E. Car and Mary Stewart Van Leeuwen, Religion, Feminism and the Family (Westminster John Knox Press 1996).
10
V.P Verma, Modern Indian Political Thought (Lakshmi Narian Agarwal 2017).
11
Andrea Major, ‘Sati: a Historical Antholog’y (Oxford University Press 2007).
12
John Stratton Hawley,’Sati, the Blessing and the Curse‘(Oxford University Press 1994).
In Hindu mythology, Stridharma is the dharma which is the wife’s duty, responsibility and a way of
life. Stridharma for married woman revolves around the life of her husband. It asks for complete
dedication and worshiping him as a God. Sanskrit word ‘Swami’ means, the Lord and Master. It is
considered the duty of the duty of the wife to ensure that her husband is satisfied and all his wishes
are fulfilled. Marriage, particularly, in Hinduism is considered to be beyond the present lives. That is
why, after the death of the husband the wife is expected to be attached to him. Sati as a practice is
based on this very belief that takes advantage of the lower position of the women and they are forced
to burn themselves in the name of honor.
The community benefits from the commercialization of sati and worshipping the bride who
sacrificed her life and it becomes a source of monetary gain. 13 The supporters of Sati glorified the
sacrifice by having it celebrated with temples being constructed in her memory. A recent incident in
1990 was reported where people close to 400 attended a celebration of her death and an article in
Women, Law and Development reported that it happened in a fairly modern area with literate people.
It is an incident which makes us think that how religion couldoverpowers not only the uneducated
but also the educated class of people.
Politically speaking, the Indian Government after 20 years the Sati Prevention Legislation was
passed has stopped the efforts to make it more stringent. The proposal was to make coercing or
forcing a bride to commit Sati a non-bailable offence. It was stated by the Women & Child
Development Ministry that the amendments were not finalized due to political pressure and certain
sects benefitting from the commission of Sati. The objections were made by the Cabinet Ministers,
Kapil Sibal and Sis Ram Ola.14
Other major reasons with respect to the commission of Sati are the very roots of the Indian culture
which considers bride a thing of pleasure and virginity of the girl being a concern for many.
Therefore, the concept of re-marriage was not considered as no one would want to marry a girl who
was not virgin anymore. Furthermore, a bride or a woman was not considered an individual; she was
always associated with a male member. Before marriage, she was considered as a responsibility of
the father and after marriage, the responsibility of her husband. That is why, after her husband’s
death her recognition was reduced to nullity as she her existence was as a part and parcel of the
husband.

THE COMMISSION OF SATI (PREVENTION) ACT, 1987

13
Rani Jethmalani, ‘Widows, Abandoned and Destitute Women’ (1991) 46ILHR 72.
14
Himanshi Dhawan, ‘Govt drops move for stricter Sati law’ The Times of India(28 April 2008).
The Act first of all, replaces all the previous legislations that were in place regarding the commission
of sati and brought a central act which not just made sati illegal but also made glorification of sati an
offence under the act. The basic aim of the legislation was to make it a criminal offence, even the
abetment or an attempt or encouraging making it punishable as if it was a murder. The Act prohibits
using the glorification of sati with a financial or political motive. Now, a very important feature of
the offence of abetment is that it not just includes liability for direct abetment but also includes
liability where is its indirect abetment. The nature of the offence of Sati is that the abetment can be
done indirectly by pressuring the widow into committing Sati which shall not look like an offence in
the first go.
Sati has been defined under Section 2(1)(c) of the Act as “burning or burying alive of any widow
along with the body of the deceased husband or any other relative or with anything or article
associated with husband or such relative, or any woman along with the body of any of her relatives.
Such burning or burying may either be voluntary or otherwise.” The person committing Sati also
falls within the purview of the Act and if found guilty of even doing any act towards such
commission shall be charged with an imprisonment of a term which shall be extending one year or
with fine or with both15 Further Glorification of Sati which has been defined in Section 2(1)(b) which
includes the people who are spectators, participating in the function or if they create any fund to
create any temple in the name and honor of the person who has committed sati shall be deemed to
glorify the act of Sati and shall be punished under Section 5 of the Act with imprisonment which
shall not be less than a year and shall extend for a period of seven years with a fine ranging from five
thousand rupees up to thirty thousand rupees. Furthermore, the Act provides for confiscation of the
entire monetary fund that has been raised by the people in the name of deceased.
The Act, to facilitate speedy trial has provisions for special courts be formed which are at par with
the criminal courts, to deal with the offences by the judges with same powers. 16 The cases before this
special court are taken up without any delay and to ensure speedy in matters relating to the evil
practice.
The act further establishes that the duty to prove that the person is innocent shall be upon the accused
and if found guilty of abetment, the person shall be not entitled to any inheritance from the deceased
woman.

SHORTCOMINGS

15
The Commission of Sati (Prevention) Act1987, s 3.
16
Dr. PK Rana, ‘Critical Analysis on criminalization against burning of widows’ [2017]3 IJL 19.
The Act though created with an intention does not fully suffice the purpose of its enactment. It has
turned to be what has been called by the experts an empty legislation. The Central Government failed
to address the concerns of the women groups and further the amendments to make the laws more
stringent have also failed.
First of all, the widow under the act is also treated as a criminal, whereas on the other hand the
woman who has been forced to commit Sati or being forced to commit Sati is nothing but a victim in
the hands of religion and societal pressure. The focus of the Act should have been the abettors along
with the onlookers who are blinded by the religious practices. Further, the act as seen in the case of
Roop Kanwar, takes a lot of time to decide the matter whereas the provisions of the act clearly state
the special courts be set up and the matter like this shall be dealt without any delay.
The issue of donations and funds for glorification are not usually given by the individuals but rather
big companies who are trying to evade the taxes. The Income Tax Act should remove the tax
exemption to the donations made to the charitable institutions which have been set up as a result of
Sati.
One of the other loopholes that the Act suffers from is that under Section 16 the burden of proof has
been reversed and makes it difficult to catch hold of the actual offender. Had the parliament instead
of specific legislation amended the provisions for homicide and murder in such a way, the laws and
their application would have been stricter.
One of the recent cases that came to light was of woman named Charan Shah who is said to have
committed Sati in Uttar Pradesh. The matter could not be investigated and subsequently no FIR was
filed. It was reported to the police that she jumped on the funeral pyre of her husband and the
villagers could not be held liable under the act. Due to the fact that the investigation could not be
conducted, no one was found guilty and another woman became of victim of oppressive religious
custom. This case shows the ineffectiveness of the act in dealing with actual cases.
If the act of 1829 be compared to that of 1987, we have seen a lot of positive changes but still have
some drawbacks. Firstly, the act of 1829 did not include as punishment the glorification of Sati
which can be inferred as a right to freedom to profess their religion under Article 25 of the Indian
Constitution. These provisions however have remained just on paper and experts have pointed out
the Act of 1829 had a stronger thrust as it created a fear in the minds of not just the people but
especially the authorities as they were involved in the fight against Sati and failure to report an
incident became a personal liability of the authorities. This led to creation of a moral fear in the
minds of the people and led to better governance.
According to Ninad D. Seth, instead of outlawing sati, the Government should try and bring about a
social transformation so that people abhor such acts. He has observed: “To root out the evil practice
of Sati, it is necessary to understand the sentiments behind it. Alas, the state has chosen the easy way
out by legislating instead of creating conditions for social transformation.”17

INDIAN PENAL CODE

The Charter of 1833 empowered the East India Company to make laws for British India with giving
consideration to the India customs and traditions. The job of drafting a criminal code which shall be
applicable to the entire Indian sub-continent was given to T.B. Macaulay. Though he was in support
of the ‘Sati Pratha’ but the effect of the high-class Brahmins in the making of the penal code lead to
the addition of Exception 5 to the Section 300 of the IPC where if the death occurred due to his own
consent, it came under the exception. Despite this, taking of life is prohibited under the IPC but the
punishment varies according to the facts and circumstances of each case.
If the facts of the case were such that the burying or burning to the woman is proved to be
involuntary, it automatically falls under the category of murder under section 300. Even if the act
was proved to be voluntary, the death amounted to culpable homicide or abetment to suicide. There
have been cases where a poisonous substance or intoxicant was found in the body followed by Sati
was punished under Section 305, the punishment for which is equal to that of a murder. In case of a
failed Sati, the person helping in the due course or pressurizing the woman was charged for attempt
to murder under Section 307 along with attempt to commit culpable homicide not amounting to
murder and abetment to suicide, the punishment of which was one year in prison.
Under the provisions of the IPC the one who abets the act of Sati shall also be liable for his actions.
Abetment has different forms and can be achieved in the form of instigation, doing or omission of an
act, intentional aiding or willfully concealing of the facts. The person pressing the trigger of Sati
shall not be left scot free and the provisions of the IPC have adequately covered the offences.

ROOP KANWAR CASE

Roop Kanwar, a matriculate teenager was married with Mall Singh, a 24-year-old man in January
1987. The marriage between the two lasted for about 7 months out of which it is said that she lived
with her husband for mere 20 days. The husband after being diagnosed with gastroenteritis, left for
his heavenly abode on the next day. There are two versions to the same story, both of which lead to
murder or as some called it Sati back then. The only difference between the two is whether Roop

17
Ahmed (n 1).
Kanwar performed Sati out of her free will or she was forced to sacrifice her life in the young age of
18 by the people who were blind sighted by the religion and the norms of the society.18
The First one, which says that she performed the sati out of her own free will mentions that she
willfully told her father-in-law her intention to commit Sati and her herself wore her bridal clothes
and jewels while leading the possession of the funeral. Thereafter, she placed her head in the lap of
her husband and let herself burn in the funeral pyre of her husband while the onlookers enchanted
mantras and praised her for her sacrifice.
On the other hand, the story which has been corroborated by the Bombay Union of Journalists
mentions that Sati was not at all committed willfully and was a result of pressure. Preparations for
Roop Kanwar’s Sati began as soon as her husband’s body was brought to the village but the
preparations were halted due to the fact that Roop became aware of the fact she might have to
commit Sati and she ran away from the house and the people who were busy in preparations started
looking for her. It is reported that she was dragged with Rajput youth surrounding her to prevent
escape. Even when she was put on the funeral pyre, coconuts and logs were thrown to keep her
down. Shouts of her asking for help were heard but the onlookers did nothing to save the innocent
soul.
The contents of the FIR mentioned that about 125 people attended the funeral ceremony where Roop
Kanwar out of her own will committed Sati and prayers were being chanted loudly. No eye-witness
came to the rescue to testify to the fact that the act was a forceful one and the Sati was committed
willfully by Roop Kanwar.
The judgement of the Special Court under the Act acquitted the culprits as they are was lack of
evidence and the prosecution could not prove the offence beyond the reasonable doubt which made
the court difficult in arriving at a conclusion that Sati was committed by abetment. It was noted by
the court that no one had seen placing her on the funeral pyre or trying to force her to commit sati.
The acquittal of all those involved has put a big question mark in front of the act that the case even
though heard by a special court, it took 9 years to deliver the judgment.
The incident sparked debate all across the country regarding the status of the women in our country.
In the matter dealing with the glorification, the Special Court under the act in Jaipur acquitted the
eleven accessed in the cases that were filed 16 years ago way back in 1987. The acquitted included a
former minister of the state of Rajasthan, the vice president of the ruling party of the state of
Rajasthan and the nephew of then vice president of India.19

18
Susan Abraham, ‘The Deorala Judgment Glorifying Sati’ [1997] 12 The Lawyers Collective 4.
19
T.K Raj Lakshmi, ‘Sati and the verdict’ [2005] 21 Frontline 5.
OTHER CASES

In the case of Gaurav Jain v. Union of India 20, the Supreme Court laid down guidelines and gave
instructions to the government for the prevention of any illegal activities involving women and
rehabilitation through various measures. Making them financially independent shall not lead to acts
such as Sati being committed as the women would become self-sufficient and have an identity of
their own. Vocational training was also highlighted by the court in order to ensure employment to the
women.21
In the case of Ch. Khemi Shakti Mandir Trust v. Union of India 22, the meaning of Sati was
clarified by the court where it was held that scope of the Act was only limited to the definition of Sati
as given under the Act and any other definition of Sati shall not be under the purview of the Act.
Further, another question of law that was involved in the case was whether there can be revival of
proceedings under the Act if the same as already been dealt by the High Court. This too was clarified
by the court that the Act provides for continuation of only those proceedings which are pending and
not for revival of proceedings.
Another recent case where the court dealt with the Commission of Sati (Prevention) Act, 1987 was in
the case of Swami Agnesh v. Union of India 23. The petitioner in this case filed a writ petition
seeking directions to the Central Board of Film Certification, to take “appropriate steps to stop
glorification of the practice of ‘Sati’ by deleting the relevant scenes from the film “Padmaavat”. The
petitioner also placed reliance on two articles in the newspaper to show the negative effect it shall
have on the society. The court highlighted the disclaimer of the film which said that the film in no
way was trying to harm anyone’s belief or culture and the intention of the filmmaker was not to
encourage or supports Sati in any way. Furthermore, the film was given the due certification by the
authority before the release and if the petitioner had any grievance, the same should have been
brought before the notice of Board of Film Certification at the relevant time. The articles relied upon
were considered the personal opinion of the authors and the same do not become a substantial
material. Therefore, in view of the Disclaimer towards the starting of the film and that the required
certification was present with the filmmaker, the petition was disposed of any merit.
It was held in the case of Tejsingh v. State24, that the person assisting the commission of Sati shall
also be liable under Section 306. In the present case, after the death of her husband Mt. Saraswati
was burnt on the funeral pyre of her husband. People from different villages also gathered to witness

20
Gaurav Jain v. Union of India, AIR 1997 SC 3021.
21
Ahmed (n 1).
22
Ch. Kemi Shakti Mandir Trust v. Union of India [2010] 15 SCC 768.
23
Swami Agnesh v. Union of India [2018] AIR (Delhi) 138.
24
Tejsingh v. State[1958] AIR (Rajasthan) 169.
the scene. Investigation revealed that the decision was taken beforehand and the police could not stop
the procession of more than 1500 people who canted ‘Sati ki Jai’ and ‘Sati Mata ki Jai ho’. The close
5 relatives played an important role in the burning and were sentenced only 6 months imprisonment
which was enhanced by the High Court and the accused were sentenced one year’s imprisonment
under Section 147, one year’s imprisonment under Section 342 and five-year imprisonment under
Section 306.
It was held in the case of King Emperor v.Vidyasagar Pande25 that the person assisting a widow to
commit Sati is guilty of Abetment of Suicide under Section 306 of IPC. It was further held by the
court that the person cannot anticipate a miracle to save the widow and escape the criminal liability
by citing the reason that he expected that funeral pyre would not be ignited by a human agency.26

CONVENTION ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN

Discrimination and Violence against women is not just limited to India and is a global problem.
Violence does not just include physical abuse but all forms of abuse which shall include rape, dowry
death, sati, domestic violence, molestation etc. A Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) was adopted in December 1979 by the United Nations
General Assembly. It first of all defines what constitutes as discrimination against women and then
works with the nations to curb these problems. It consists of 30 articles and a preamble which
highlights the intent behind the convention which is to ensure a safe world to the women of the world
without violence. India has ratified the CEDAW. Which means it is not just a signatory but has
agreed to incorporate the agendas and the articles in the Convention into the domestic laws of the
county to improve the deteriorating situation of the women in the country.

CONCLUSION & SUGGESTION

If we were to analyze the present situation with respect of the practice of Sati, we shall be finding
people justifying the practice in the name of tradition and customs. Whereas, this practice of Sati is
more than just a custom as it represents the position of women in the society even in the modern

25
King Emperor v. Vidyasagar Pande [1929] ILR (Patna) 74.
26
K.D Gaur, Criminal Law and Criminology (Deep & Deep Publications 2002).
times. Even more dangerous than sati itself is the fact that the glorification and exaggeration of the
act which is backed by religion.
While we discuss the problem, nothing can be done to undo the past but significant changes can be
made to ensure that the current and future generations are not caught in this evil practice of Sati. We
must collectively raise our voice against the very patriarchy which in the first place led to the
emergence of such practices. Tracing the roots, we found that Sati was based on the helpless widows
who were mainly Hindus. Their only goal was marriage and their whole life revolved around
marriage, which needs to be changed in a way to bring in individualism to ensure that the wives can
separate themselves from their husband and look themselves like human beings.
All efforts of education and socialupliftments are bound to go down the drain if we continue to
supports the patriarchy and the notion that an individual woman cannot exist without the protection
of any male. A society’s level of progress is measured by the freedom and rights which are available
to its women. Even today, after more than 73 years of Independence from the British rule, we are not
able to get freedom from the patriarchal system and the status of women has not been what it should
be.
The incidents of widow burning, which are nowadays lesser than before, are a reminder of our
indifference attitude of the society towards the women. We should all come together and publicly
condemn such acts and state that such evil practices have no space not just in Hinduism but also in
every other religion. The efforts shall be put by the government of the country along with the people,
only then we can see some change. The financial dependence of the women needs to reduce to the
extent that she should not be concerned about her expenses if she needs to take an important decision
in her life. This shall help to build self-confident and help her becoming an individual with goals and
aspirations and not just a shadow of her husband.
Despite the laws in place, they have not hindered the women performing such acts. In 1997, there
was a case of woman trying to commit sati which was prevented by the police. These incidents that
we witness time and again prove that the norms and practice which are so deeply rooted in the
culture and history cannot just be prevented by bringing in legislation. It thus becomes difficult to
change the customs or the taboos attached to them. Alongside the right legislation, and the right
implementation of the policies, there needs to be a social movement so huge and so loud that the
cries of women like Roop Kanwar are heard all across the country. The villages need to be the main
focus of the movement as the incidents that we see mostly are from the villages. The basic
conditioning that the women are not allowed to think about their life in case of their husband’s death
needs to be change firstly to form the basis of a more progressive and accommodating society. The
patriarchal approach of the Indian women living for their husband needs to be changed and this
problem is not just limited to the women of India but is prevalent globally27.
This discussion in this paper is a waste if it is not put into some use. It shall be taken as a wake-up
call to the degraded and oppressed position of the women in our society. Outside action is essential,
which means activists and NGOs working for the upliftments are not useless but at the same in order
to bring some significant change, the desire to see the difference shall originate from within
Autonomy as discussed before shall be the main driving force in the fight towards patriarchal society
which leads to existence of social evils like Sati in the first place. Towards the end, the widow should
be allowed to freely feel the grief of her husbands’ demise and not the fear of her own death.

REFERENCES

 Nehaluddin Ahmad, ‘Sati Tradition - Widow Burning in India: A Socio-legal Examination’

(2009) 2 Web JCLI <http://webjcli.ncl.ac.uk/2009/issue2/ahmad2.html> accessed 3 May
2020.
 Mamata Rao, Law Relating to Women and Children (2nd edn, EBC Publication 2008).
 P.V Kane, History of Dharmasastra, (Bhandarkar Oriental Research Institute 2006).
 Romila Thapar, ‘In History’ [1988] 342 Seminar 463.
 Ananda Cooramaswamy, The Dance of Siva (Noonday Press 1971).
 Sophie Gilmartin, “The Sati, the Bride, and the Widow: Sacrificial Woman in the Nineteenth
Century” (1997) 25 Victorian Literature and Culture 141
 Anne E. Car and Mary Stewart Van Leeuwen, Religion, Feminism and the Family
(Westminster John Knox Press 1996).
 V.P Verma, Modern Indian Political Thought (Lakshmi Narian Agarwal 2017)
 Andrea Major, Sati: a Historical Anthology (Oxford University Press 2007)
 John Stratton Hawley, Sati, the Blessing and the Curse (Oxford University Press 1994)
 Rani Jethmalani, ‘Widows, Abandoned and Destitute Women’ (1991) 46 ILHR 72
 Himanshi Dhawan, ‘Govt drops move for stricter Sati law’ The Times of India (28 April
2008)
 The Commission of Sati (Prevention) Act 1987, s 3
 Dr. PK Rana, ‘Critical Analysis on criminalization against burning of widows’ [2017] 3 IJL
19
27
V.N. Datta, Sati-Widow Burning in India (Sangam Books Ltd. 1988).
  Susan Abraham, ‘The Deorala Judgment Glorifying Sati’ [1997] 12 The Lawyers Collective
4
 T.K Raj Lakshmi, ‘Sati and the verdict’ [2005] 21 Frontline 5
 Gaurav Jain v. Union of India, AIR 1997 SC 3021
 Ch. Kemi Shakti Mandir Trust v. Union of India [2010] 15 SCC 768
 Swami Agnesh v. Union of India [2018] AIR (Delhi) 138
 Tejsingh v. State [1958] AIR (Rajasthan) 169
 King Emperor v. Vidyasagar Pande [1929] ILR (Patna) 74
 K.D Gaur, Criminal Law and Criminology (Deep & Deep Publications 2002)
 V.N. Datta, Sati-Widow Burning in India (Sangam Books Ltd. 1988)

BRIEF ABOUT THE AUTHOR

Saksham Khunger is pursuing his B.A. LL. B from Army Institute of Law, Mohali. He has interned
with The Law Point, Delhi and Punjab State Human Rights Commission, Chandigarh. He has
secured Runners-Up position in the ICFAI Hyderabad Client Counseling Competition 2019 and
Fourth Best Team & Second-Best Memorials in the Surana & Surana RGNUL International Law
Moot Court Competition 2019. He is an intern with ProBono India and is contributing towards
society through legal aid.