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'Sati' As A Religious Rite: Parliamentary Papers On Widow Immolation, 1821-30
'Sati' As A Religious Rite: Parliamentary Papers On Widow Immolation, 1821-30
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While 'H-indu fundamentalism' is a handy explanation for the recent resurfacing of the practice of
blurs the vision and pre-empts the need for analysis of the nature of the contradictions inherent in p
herited from the British and of the constitutive elements of the legal discourse, which suffered no ruptur
independence, but became in fact more opaque than before. In this context, the Parliamentary Papers
Immolation, 1821-30 are of immense historical value not only for the evidence of the colonial denigratton o
women and religion, but for the tensions and contradictions which they reveal, the unravelling of w
significance for the understanding of attitudes today.
'SATI' as the practice of widow immolation was 378 satis, 442 for 1816. The year 1817 do not immediately clash with the laws and
came to be generally known under British recorded a total of 707, in 1818 it rose to 839. interests of the conquerors" (1776: ix).
rule, is still prevalent as isolated incident in The years 1817 and 1818 had been cholera Pandits and maulavis as legal exegetes and
India.' The case of an 18-year old widow years, which could be a possible explanation advisors had been attached to the Supreme
being burnt alive with the body of her for the rise, as well as the increased vigilance
Court since 1777, to the rest of the courts,
husband in Rajasthan in September 1987 of the law officers in ascertaining and repor- following the Cornwallis Code in 1793.
provoked a nation-wide discussion, as well ting cases of sati. But even though the figures The clash between religious institutes and
as some ripples of excitement in the inter- decreased after that, they never went back post-enlightenment principles of rationality
national press. The key terms of the discus- to the original figures of 1815, whatever the which were held to be universally valid-
sion, however, 'superstition' 'pagan practice, justification for the increase. though they were based on principles which
'coercion', 'free decision'2 have a history The fact that under British administra- served 'the laws and interests of the con-
which reaches far back into the debates tion, the practice became more wvidely querors' was to occasion much debate. But
enshrined in tbe Parliamentary Papers on prevalent than before, was noted and discus- the imperial Romans whom Halhed held up
Widow immolation, 1821-30.3 - If recent sed at length by British legislators and as an example, had apparently managed to
controversies are to be understood rather officials. It is not surprising therefore, that negotiate such difficulties (1781: ix). It was
than taken for granted, then these Parlia- sati became the occasion for the most ex- imperative that stable criteria be establish-
mentary Papers can yield information tensive documentation centring around ed, for 'prescribed rules' were necessary in
beyond statistics and place names; they can women in the 19th century. In the first three order to pronounce judgment, as William
help to disclose the interpretive framework, decades of the century the sati issue became, Jones specified in his address to the Grand
the contradictions inherent in the colonial in fact, the battle ground for conflicting Jury in Calcutta in 1783. 'Law' was to stand
situation and further bequeathed to us, clari- ideologies, for violent missionary attacks on above the individual sense of justice (Jones,
fying thereby some of the pre-conditions of the nature and basis of Hindu civilisation, 1799: 4-5). Halhed's compilation was held
the present response. for agitated proclamations of faith, as well to be inadequate for these purposes by the
There had been queries from district as for legal wrangling and bureaucratic in- following generation. Manu was the legen-
magistrates in Bengal regarding the official sistence on detail. Thus, though worfen are dary legislator of the Hindus and Jones set
attitude towards sati since the 90s of the 18th ce-trally located in the debate, so enmeshed about translating the Institutes for the
century.4 Since 1812 the government of they in a network of structures and benefit of his fellow judges ip Calcutta.
Bengal had sought to regulate the practice -es, that they often seem peripheral. In Jones was moved, while underlining the im-
in accordance with the Shastras, the legal reconstructing the debate a century and a portance of the code, 'its austere majesty
treatises of the Hindus. The practice, it was half later it becomes imperative then, that that sounds like the language of legislation
ascertained, was authorised by the later law- we consider the conceptions and pre- and extorts a respectful awe" to admit:
givers of the Hindus, though not enjoined. conceptions which colour the documenta- It is system of despotism and priestcraft
A number of restrictions were more or less tion and its evaluation. both indeed lirnited by law, but artfully con-
clearly defined: coercion was discouraged, The first part of this paper will be con- spiring to give mutual support, though with
extreme youth, pregnancy, states of impurit) cerned with the categories within which the mutual checks: it is filled ... with idle
ensuing from the period after pregnancy, woman as a legal subject deserving scrutiny superstitions, and with a scheme of theology
menstruation, the existence of infant becomes an object of documentation. The most obscurely figurative and consequently
children. Women of the Brahman caste Parliamentary
were Papers seem to call specially liable to dangerous misconception...
only allowed to burn with the remains of forthe
this treatment, since it was the express (1799:89, emphasis added).
husband rather than with articles belonging aim of the legal discourse which constitutes Jones juxtaposed this to the humanitarian
to the deceased. Otherwise women of all the them, to encompass and control social reali- practice of European society:
four 'clean' castes were allowed to burn. ty through a set of concepts linked in a Whatever opinion in short may be formed of
After the year 1815 detailed statistics manner necessarily schematic. Manu' and his law, in a country happily
specifying name, age, caste of husband, date By a regulation of 1772 Hindus and enlightened by sound philosophy and the
of immolation were maintained and at the Muslims were to be allowed to retain their only true revelation, it must be remembered,
end of the year duly scrutinised and own religious and social practice and were that these laws are actually revered, as the
evaluated. Strict vigilance as to the enforce- to be administered according to their own word of the Most High, by nations of great
ment of the Hindu regulations was perio- legal codes, for as Nathaniel Halhed, the importance to the political and commercial
dically emphasised, but there was little first translator of the Code of Gentoo Laws interests of Eutope,. . ." 11799: 89. emphasis
change of policy till the rite was banned in clearly saw "Nothing can so favourably con- added 1.
1829 by William Bentinck, governor general duce to these two points [i e, the affections In addition to Manu, there was a vast cor-
of India. of the natives and the stability of the ter- pus of legal literature which had been com-
Since 1815 however, the statistics had exhi-
ritorial acquisition] as a well-timed tolera- piled through the ages and which seemed to
bited a prevailing tendency to increase. Thetion in matters of religion, and an adoption defy all attempts. to derive a uniform code
figure for the six divisions of Bengal for 1815
of such original institutes of the country, as valid in all parts of the cinb-continent.