Sati: Legal Prohibition and Constitutional Safeguards for Women’s Dignity

Understanding the Commission of Sati (Prevention) Act, 1987

The Commission of Sati (Prevention) Act, 1987 is a pivotal legislation enacted in response to the tragic Roop Kanwar incident in Rajasthan. This Act criminalizes the abhorrent practice of Sati across India, excluding Jammu and Kashmir at the time of its enactment. It effectively overrides Exception 5 to Section 300 of the Indian Penal Code (IPC), which previously permitted voluntary death in certain scenarios, thus imposing stricter penalties for any attempt to commit or abet Sati.

Legal Provisions and Punishments

The Act outlines several significant provisions aimed at curbing the practice of Sati:

• Section 3: Imposes penalties for attempting Sati, whether voluntary or coerced, with imprisonment for up to one year, a fine, or both.
• Section 4: Enforces severe punishments for abetting or encouraging Sati, including the death penalty or life imprisonment along with a fine.
• Section 5: Criminalizes the glorification of Sati, which encompasses constructing monuments or performing rituals in memory of those who have committed Sati.

Addressing Glorification of Sati

Section 7 of the Act empowers authorities to demolish structures that honor or glorify individuals who have committed Sati. It also permits the seizure of properties associated with such glorification, ensuring that these sites do not promote or condone the act.

Constitutional Protections for Women

The Indian Constitution contains various provisions aimed at protecting women's rights and dignity:

• Article 21: Guarantees the Right to Life and Personal Liberty, which encompasses the right to live with dignity, rendering practices like Sati unconstitutional.
• Article 15: Prohibits discrimination on various grounds including sex, guaranteeing equal treatment and protection for women.
• Fundamental Duties, Article 51A (e): Encourages citizens to renounce practices that demean women’s dignity, reinforcing societal responsibility to uphold women's rights.

Historical Context of Sati Regulation

Prior to independence, several colonial laws regulated Sati:

• The Bengal Sati Regulation, 1829, initiated by Lord William Bentinck with the support of Raja Rammohan Roy, prohibited Sati in Bengal.
• The Tamil Nadu Sati Regulation, 1830, extended similar prohibitions to the region.

Following the Roop Kanwar case, the Rajasthan Sati Prevention Ordinance and subsequently the Commission of Sati (Prevention) Act, 1987 were swiftly enacted, ensuring a nationwide ban on the practice.

Special Courts for Sati Prevention Cases

The Act also establishes special courts under Part IV to handle cases concerning the commission, abetment, or glorification of Sati. These courts are designed to ensure that such cases are treated with the seriousness they warrant, expediting legal proceedings.

Ongoing Incidents and Societal Attitudes

Despite the stringent laws, sporadic cases of Sati have been reported, including:

• The Roop Kanwar incident in 1987 in Rajasthan.
• Mathura (1991) and Banda (1992).
• An attempted Sati by Pawan in 1994, thwarted by police intervention.
• The case of Kuttu in 2002, involving a 65-year-old woman attempting Sati.

These incidents underscore the necessity for persistent vigilance and awareness campaigns to completely eradicate the practice.

The sporadic practice of Sati is deeply rooted in patriarchal traditions and superstitions, with some communities mistakenly viewing it as a form of devotion or spiritual merit. Changing these societal attitudes is crucial and requires both strict law enforcement and educational initiatives.

Frequently Asked Questions (FAQs)

Q1. What is the purpose of the Commission of Sati (Prevention) Act, 1987?
Answer: The Act aims to criminalize the practice of Sati in India, ensuring strict penalties for those attempting or abetting it, thus protecting women's dignity.

Q2. How does the Indian Constitution support women's rights against Sati?
Answer: The Constitution guarantees rights such as the Right to Life and prohibits discrimination, reinforcing protections against practices like Sati.

Q3. Are special courts established for Sati-related cases?
Answer: Yes, the Act provides for special courts to expedite the handling of cases involving Sati, ensuring legal proceedings are prioritized.

Q4. Have incidents of Sati continued after the Act was enacted?
Answer: Yes, despite the law, sporadic cases have been reported, indicating ongoing societal challenges that need addressing.

Q5. What societal factors contribute to the continuation of Sati?
Answer: Deep-rooted patriarchal beliefs and superstitions contribute to the sporadic practice of Sati, necessitating education and awareness to change perceptions.