ANTI-CORRUPTION LAW- SERIES-10
Commission of Sati (Prevention) Act,1987
The Commission Of Sati (Prevention) Act, 1987 (3 of 1988)105
An Act to provide for the more effective prevention of the commission of sati and its glorification and for matters connected herewith or incidental thereto
Whereas sati or the burning or burying alive of widows or women is revolting to the feelings of human nature and is nowhere enjoined by any of the r as an imperative duty;
And whereas it is necessary to take more effective measures to prevent the commission of sati and its glorification;
Part IPreliminary
1. Short title, extent and commencement
(1) This Act may be called The Commission of Sati (Prevention) Act , 1987.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force in a State on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates for different States
Object & Reasons6
Statement of Objects and Reasons.-The recent incident of the commission of sati in the village of Deorala in Rajasthan, its subsequent glorification attempts made by the protagonists of this practice to justify its continuance on religious grounds had aroused apprehension all over the country that practice, eradicated long back, will be revived. A general feeling had also grown in the country that the efforts put in by social reformers like Raja Ram others in the last century would be nullified by this single act in Rajasthan. The commission of sati in Deorala was also followed by a number of congr ceremonies and festivals, and attempts were also made to collect funds for the construction of a temple at the site where sati was committed. The pl attracted large number of crowds and in spite of the various steps taken by the State Government of Rajasthan and the order of the High Court of Ra prohibit any ceremony being conducted, it was feared that a temple would be constructed at the site to perpetuate the memory of the widow who co These had evoked protests throughout the country and demands are being made by the women’s organisations and from persons inside and outside the enactment of a strong and deterrent Central law to provide for the more effective prevention of the commission of sati and its glorification so tha its glorification is not continued in States where there is no law for the prevention or glorification of sati. Although the offence of attempt to commit contained in section 309 of the Indian Penal Code had been held by various High Courts to include the commission of sati punishable under the prov sentence provided in that section was not deterrent enough to prevent the commission of such practice. Further, that section also did not provide fo of sati subsequent to the commission of sati. There are at present only three laws in force in the States, including the Rajasthan Sati (Prevention) Act, two enactments are the Bengal Sati Regulation, 1829 (Bengal Regulation XVII of 1829) and the Tamil Nadu Sati Regulation, 1830 (Tamil Nadu Regulati
(i) 2. It is, therefore, considered desirable to enact a Central law which should be applicable to the whole of India other than the State of Jammu and Ka among other things, provides for the following matters, namely the definition of sati would include not only a burning or burying alive of any widow alongwith the body of the deceased husband but would also i burning or burying of any woman with any other relative or with any article, object or thing associated with the husband or such relative irrespective burning or burying is claimed to be voluntary or otherwise;
(ii) a definition of glorification of sati has been included which would include the observance of any ceremony, participating in any procession connec commission of sati or of any function to eulogise the person who had committed sati. The definition would also include the construction of any temp performance of carrying on of any form of worship for the performance of ceremony thereat;
(iii) the offence of attempt to commit sati will be punishable with the same punishment as is provided for the offence of attempt to commit suicide u of the Indian Penal Code. This is because in most cases the widow or the woman is compelled to commit sati and invariably shall will not be in a fit st will be labouring under a state of intoxication or stupefaction or other cause impeding the exercise of her free will;
(iv) the abetment of sati will be punishable with death or imprisonment for life and shall also be liable to fine while the abetment of any attempt to c punishable with imprisonment for life and fine;
(v) the glorification of sati is punishable with a minimum imprisonment of one year which may extend to seven years and with a minimum fine of five rupees which may extend to thirty thousand rupees;
(vi) the Collector or District Magistrate has been given the power to prohibit the doing of any act towards the commission of sati in any area if he is o sati is likely to be committed in such area. The State Government or the Collector or District Magistrate has also been empowered to remove temples structures constructed for the glorification of sati and to seize properties acquired for such purpose;
(vii) the offences under the proposed legislation will be triable only by a Special Court constituted under the provisions of the legislation;
(viii)where any person is prosecuted of an offence of abetment of sati or the abetment of an attempt to commit sati, the burden of proving that he h committed the offence shall be on him. A person who is convicted of an offence of abetment of sati will also be disqualified from inheriting the prope who commits sati;
(ix) the Representation of the People Act, 1951 is being amended to provide for disqualification for standing for election to Parliament or to any State during the period of conviction and for a period of five years since his release. The propagation of commission of sati or its glorification by a candidat election will also be deemed to be a corrupt practice under that Act.
3. The Bill seeks to achieve the above objects.
2. Definitions .
(1) In this Act, unless the context otherwise requires,
(a) Code means the Code of Criminal Procedure, 1973 (2 of 1974);
(b) Glorification, in relation to sati, whether such sati, was committed before or after the commencement of this Act, includes, among other things,
(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 a temple or other structure or the carrying on of any form of worship or th any ceremony thereat, with a view to perpetuate the honour of, or to preserve the memory of, a person who has committed sati
(c) sati means the burning or burying alive of
(i) any widow alongwith the body of her deceased husband or any other relative or with any article, object or thing associated with the husband or suc
(ii) any woman alongwith the body of any of her relatives, irrespective of whether such burning or burying is claimed to be voluntary on the part of the woman or otherwise;
(d) Special Court means a Special Court constituted under section 9;
(e)temple includes any building or other structure, whether roofed or not, constructed or made to preserve the memory of a person in respect of who committed or used or intended to be used for the carrying on of any form of worship or for the observance of any ceremony in connection with such
(2) Words and expressions used but not defined in this Act and defined in the Indian Penal Code (45 of 1860), or in the Code shall have the same mea respectively assigned to them in the Indian Penal Code (45 of 1860) or the Code.
Part II
Punishments For Offences Relating To Sati
3. Attempt to commit sati.Notwithstanding anything contained in the Indian Penal Code (45 of 1860), whoever attempts to commit satiand does any commission shall be punishable with imprisonment for a term which may extend to one year or with fine or with both:
Provided that the Special Court trying an offence under this section shall, before convicting any person, take into consideration the circumstances lead commission of the offence, the act committed, the state of mind of the person charged of the offence at the time of the commission of the act and all factors.
4. Abetment of sati.(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), if any person commits sati, whoever abets the com such sati, either directly or indirectly, shall be punishable with death or imprisonment for life and also be liable to fine.
(2)If any person attempts to commit sati, whoever abets such attempt, either directly or indirectly, shall be punishable with imprisonment for life and liable to fine.
Explanation. For the purposes of this section, any of the following acts or the like shall also be deemed to be an abetment, namely:
(a) any inducement to a widow or woman to get her burnt or buried alive alongwith the body of her deceased husband or with any other relative, or w 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 intoxic stupefaction or other cause impeding the exercise of her free will;
(b) making a widow or woman believe that the commission of satiwould result in some spiritual benefit to her or her deceased husband or relative or 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 sati or aiding the widow or woman in her decision to commit sati by taking h 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.
5. Punishment for glorification of sati.Whoever does any act for the glorification of satishall be punishable with imprisonment for a term which shal 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
Part III
Powers Of Collector Or District Magistrate To Prevent Offences Relating To Sati
6. Power to prohibit certain acts .(1) Where the Collector or the District Magistrate is of the opinion that satior any abetment thereof is being, or is a committed, he may, by order, prohibit the doing of any act towards the commission of sati by any person in any area or areas specified in the order
(2)The Collector or the District Magistrate may also, by order, prohibit the glorification in any manner of sati by any person in any area or areas specif
(3) Whoever contravenes any order made under sub-section (1) or sub-section (2) shall, if such contravention is not punishable under any other provis 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 thousand rupees but which may extend to thirty thousand rupees.
7. Power to remove certain temples or other structures .(1) The State Government may, if it is satisfied that in any temple or other structure which 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 hono preserve the memory of, any person in respect of whom satihas been committed, by order, direct the removal of such temple or other structure.
(2) The Collector or the District Magistrate may, if he is satisfied that in any temple or other structure, other than that referred to in sub-section (1), an 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 wh committed, by order, direct the removal of such temple or other structure.
(3) Where any order under sub-section (1) or sub-section (2) is not complied with, the State Government or the Collector or the District Magistrate, as shall cause the temple or other structure to be removed through a police officer not below the rank of a Sub-Inspector at the cost of the defaulter.
8. Power to seize certain properties .(1) Where the Collector or the District Magistrate has reason to believe that any funds or property have been co acquired for the purpose of glorification of the commission of any satior which may be found under circumstances which create suspicion of the co offence under this Act, he may seize such funds or property.
Every Collector or District Magistrate acting under sub-section (1) shall report the seizure to the Special Court, if any, constituted to try any offence which such funds or property were collected or acquired and shall await the orders of such Special Court as to the disposal of the same. Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient preferring the appeal within the period of thirty days.
Part V
Miscellaneous
15. Protection of action taken under this Act .No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or a 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 A
16. Burden of proof .Where any person is prosecuted of an offence under section 4, the burden of proving that he had not committed the offence und shall be on him.
17. Obligation of certain persons to report about the commission of offence under this Act .(1) All officers of Government are hereby required an assist the police in the execution of the provisions of this Act or any rule or order made thereunder.
(2) All village officers and such other officers as may be specified by the Collector or the District Magistrate in relation to any area and the inhabitants if they have reason to believe or have the knowledge that sati is about to be, or has been, committed in the area shall forthwith report such fact to the station.
(3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment of either description for a term wh two years and shall also be liable to fine.
18. Person convicted of an offence under section 4 to be disqualified from inheriting certain properties .A person convicted of an offence under section 4 in relation to the commission of satishall be disqualified from inheriting the property of the person in respect of whom such satihas been property of any other person which he would have been entitled to inherit on the death of the person in respect of whom such sati has been comm
19. Amendment of Act 43 of 1951 .In the Representation of the People Act, 1951,
(a) in section 8, in sub-section (2), after the proviso, the following proviso shall be inserted, namely:
Provided further that a person convicted by a Special Court for the contravention of any of the provisions of the Commission of Sati (Prevention) Act, 1 disqualified from the date of such conviction and shall continue to be disqualified for a further period of five years since his release.;
(b) in section 123, after clause (3-A), the following clause shall be inserted, namely:
(3-B) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of t his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
Explanation. For the purposes of this clause, sati and glorification in relation to sati shall have the meanings respectively assigned to them in the Com (Prevention) Act, 1987.
20. Act to have overriding effect .The provisions of this Act or any rule or order made thereunder shall have effect notwithstanding anything inconsist contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
21. Power to make rules .(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
S.No
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Dear Ngo leaders promote activities such as :-
(All forms of corruption must be ended to secure the basic rights of all people and ensure a world where everyone can live in dignity)
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1.
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Organize, communicate, and raise awareness on Anti corruption laws to your target people.
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2.
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Identify the victims and witnesses of corruption in your working area
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3.
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Identify the need of Legal consultancy for Consumer rights, women’s rights, Child rights, aged rights, revenue, education, documents registration, social welfare, public and temple property panchayat, forest, insurance, and all government department corruptions related issues etc
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4.
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Contact for such issues with an affidavit and we will make the difference
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We also know that corruption can’t be rooted out in one big sweep. Rather, fighting it is a step-by-step, project-by-project process.
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MANISHANKAR
CEO-Anti-Corruption And Human Rights Movement®-Chennai
Email: anticorruption.org2007@gmail.com.
Mobile:91 9087856137
Follow us on:
Twitter : @anticorp_2007
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