The incident of the Roop Kanwar Sati in 1987 prompted the Central government to legislate upon the issue of the commission and glorification of the practice of sati. Though the case made headlines, all the accused were released in 2004.
The Commission of Sati (Prevention) Act, 1987 makes the commission, abetment and glorification of sati as cognizable offences. Section 2 (c) of the Act defines 'sati' as 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; or any woman along with the body of any of her relatives, irrespective of whether such burning or burying is claimed to be voluntary on the part of the widow or the women or other-wise.
Section 2 (b) describes the glorification of sati as:
(i) the observance of any ceremony or the taking out of a procession in connection with the commission of sati; or
(ii) the supporting, justifying or propagating the practice of sati in any manner; or
(iii) the arranging of any function to eulogise the person who has committed sati; or
(iv) the creation of a trust, or the collection of funds, or the construction of temple or other structure or the carrying on of any form of worship or the performance of any ceremony thereat, with a view to perpetuate the honour of, or to preserve the memory of, a person who has committed sati.
Section 3 punishes the attempt to commit sati with imprisonment with a term which may extend upto one year or with fine or with both.
Section 4 lays down the punishment for the abetting the practice of sati. Section 4(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860) , if any person commits sati, whoever abets the commission of such sati, either directly or indirectly, shall be punishable with death or imprisonment for life and shall also be liable to fine.
Section 4(2) If any person attempts to commit sati, whoever abets such attempt, either directly or indirectly, shall be punishable with imprisonment for life and shall also be liable to fine.
The act of abetment Inducing a woman to commit sati or making her believe that committing sati would give her spiritual benefits or encouraging a widow to remain fixed on her resolve to commit sati or participating in any procession in the connection to sati or being present at the place where sati was being committed as an active participant or preventing or obstructing a woman from saving herself from being burnt or buried alive or obstructing or preventing the police from its duty to prevent the commission of sati.
Walking behind a widow chanting slogans has been considered to be abetment of the commission of sati.
Section 5 lays down the punishment for glorification of sati and provides that whoever does any act for the glorification of sati shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees.
Section 123 (3B) of the Representation of the People's Act, 1951 makes the propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate a corrupt practice.
Section 7 provides that the State Government may, if it is satisfied that in that any temple or other structure which has been in existence for not less than twenty years, any form of worship or the performance of any ceremony is carried on with a view to perpetuate the honour of or to preserve the memory of, any person in respect of whom sati, has been committed, by order, direct the removal of such temple or other structure.
The Commission of Sati (Prevention) Act aims at providing for a more effective way of preventing the commission of sati and its glorification. The practice of the commission of sati is a heinous act and is of revolting nature. Any action to propagate it or glorify such instances is also revolting in nature and needs to be dealt with harsh punishment.
The Commission of Sati (Prevention) Act, 1987 makes the commission, abetment and glorification of sati as cognizable offences. Section 2 (c) of the Act defines 'sati' as 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; or any woman along with the body of any of her relatives, irrespective of whether such burning or burying is claimed to be voluntary on the part of the widow or the women or other-wise.
Section 2 (b) describes the glorification of sati as:
(i) the observance of any ceremony or the taking out of a procession in connection with the commission of sati; or
(ii) the supporting, justifying or propagating the practice of sati in any manner; or
(iii) the arranging of any function to eulogise the person who has committed sati; or
(iv) the creation of a trust, or the collection of funds, or the construction of temple or other structure or the carrying on of any form of worship or the performance of any ceremony thereat, with a view to perpetuate the honour of, or to preserve the memory of, a person who has committed sati.
Section 3 punishes the attempt to commit sati with imprisonment with a term which may extend upto one year or with fine or with both.
Section 4 lays down the punishment for the abetting the practice of sati. Section 4(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860) , if any person commits sati, whoever abets the commission of such sati, either directly or indirectly, shall be punishable with death or imprisonment for life and shall also be liable to fine.
Section 4(2) If any person attempts to commit sati, whoever abets such attempt, either directly or indirectly, shall be punishable with imprisonment for life and shall also be liable to fine.
The act of abetment Inducing a woman to commit sati or making her believe that committing sati would give her spiritual benefits or encouraging a widow to remain fixed on her resolve to commit sati or participating in any procession in the connection to sati or being present at the place where sati was being committed as an active participant or preventing or obstructing a woman from saving herself from being burnt or buried alive or obstructing or preventing the police from its duty to prevent the commission of sati.
Walking behind a widow chanting slogans has been considered to be abetment of the commission of sati.
Section 5 lays down the punishment for glorification of sati and provides that whoever does any act for the glorification of sati shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees.
Section 123 (3B) of the Representation of the People's Act, 1951 makes the propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate a corrupt practice.
Section 7 provides that the State Government may, if it is satisfied that in that any temple or other structure which has been in existence for not less than twenty years, any form of worship or the performance of any ceremony is carried on with a view to perpetuate the honour of or to preserve the memory of, any person in respect of whom sati, has been committed, by order, direct the removal of such temple or other structure.
The Commission of Sati (Prevention) Act aims at providing for a more effective way of preventing the commission of sati and its glorification. The practice of the commission of sati is a heinous act and is of revolting nature. Any action to propagate it or glorify such instances is also revolting in nature and needs to be dealt with harsh punishment.
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