The Commission of Sati (Prevention) Act, 1987: Eradicating a Heinous Practice

The Commission of Sati (Prevention) Act, 1987, is a significant piece of Indian legislation aimed at preventing the barbaric practice of Sati (the act of burning or burying a widow alive) and its glorification. This blog post explores the provisions of this act, shedding light on its purpose and legal framework.

Background and Need for the Act

The practice of Sati was prevalent in some parts of India, despite being considered abhorrent and against human rights. The Act was enacted to not only prevent the act of Sati but also to prohibit its glorification, as this was found to reinforce the practice. This legislation was a response to a long struggle for women’s rights, as well as being a commitment towards upholding human dignity.

Core Definitions Under the Act

1. Code: Refers to the Code of Criminal Procedure, 1973.

2. Glorification of Sati: Includes actions such as, observing ceremonies, processions, supporting, justifying or propagating sati, arranging functions to eulogize the individual who has committed sati, creation of trust or collection of funds or building structures like temples, or performing any form of worship related to the act of sati.

3. Sati: The act of burning or burying a woman alive, either with her deceased husband or another relative, or associated object or thing. The Act clarifies that this includes acts regardless of whether such action was claimed to be voluntary or not.

4. Special Court: A court constituted under the Act for trying offences under this Act.

5. Temple: Includes any building or structure used for the purpose of worshipping or commemorating Sati.

Legal Prohibitions and Punishments

1. Attempt to Commit Sati (Section 3):

   • Anyone who attempts to commit Sati and performs any act towards it is punishable with imprisonment for up to six months, or fine, or both.

   • The court takes into consideration all factors relevant to the incident before convicting an individual.

2. Abetment of Sati (Section 4):

   • Abetting the commission of Sati, whether directly or indirectly, is punishable with death or imprisonment for life, along with a fine.

   • Abetting an attempt to commit Sati is punishable with imprisonment for life.

   • The act identifies specific actions which would be deemed to be abetment, such as inducement, creating a belief that sati would result in spiritual benefit, encouraging the act or instigating, participating in processions or aiding the widow in her decision, or preventing her from saving herself or interfering with the police.

3. Glorification of Sati (Section 5):

   • Any act of glorifying Sati is punishable with imprisonment for not less than one year, extending up to seven years, and a fine ranging from ₹5,000 to ₹30,000.

Powers to Prevent Sati

1. Prohibiting Acts (Section 6):

   • The Collector or District Magistrate can prohibit any act toward the commission of Sati. This includes any act that would support the act, or the glorification of the same.

2. Removal of Temples and Structures (Section 7):

   • The State government can order the removal of any temple or structure where worship or a ceremony is carried out with a view to glorify Sati, especially if the structure has been in existence for 20 years or more.

   • The Collector or Magistrate also has the power to order the removal of other structures that are used to glorify sati. If an order is not complied with, then the authorities are empowered to demolish those structures, with the expenses to be borne by the owner or occupier.

3. Power to Seize Properties (Section 8):

   • The Collector or Magistrate has the power to seize any funds or property which have been collected or are suspected to be used for glorification of Sati. These properties may be seized even if they are suspected to be connected with the commission of an offence.

   • Any seized property must be reported to the special court, who will determine how to dispose of it.

Special Courts

The Act establishes Special Courts for a more effective and speedy trials of Sati-related offenses:

• Designated Courts (Section 9): The State Government has the power to establish special courts which have jurisdiction over the entire State, or as specified by the government.

• Presiding Officer: The judge of the special court needs to be appointed with concurrence of the Chief Justice of the High Court and must be a current Session or Additional Session Judge.

• Special Public Prosecutors (Section 10): A special public prosecutor is appointed for each court, who must have practiced for at least 7 years or be a member of the State requiring special knowledge of the law for a minimum of 7 years.

Important Aspects of Procedure

1. Cognizance of Offences (Section 11): The special court has the power to directly take cognizance of an offense, without the accused being committed to it, based on a complaint or a police report.

2. Powers of the Special Court: The special court has powers equivalent to that of a Court of Session, which can also include the power to try any other offence related to the case, and the court can also convict a person for other offences, and issue any sentence under those applicable laws.

3. Expeditious Trial: The court must try to hold proceedings as expeditiously as possible, with the proceedings to continue everyday until the witnesses have been examined.

4. Forfeiture of Funds/Properties: If a person is convicted under the Act, the special court may seize all funds or property being used to glorify sati and forfeit it to the State.

5. Appeals (Section 14): Appeals against the orders of a Special Court lie with the High Court within 30 days of the order. The High Court may also admit an appeal after the expiry of 30 days if there was adequate reasons for the delay.

Key Miscellaneous Provisions

1. Protection of Action in Good Faith (Section 15): The Act protects the State Government and its officials from legal proceedings for any action taken in good faith.

2. Burden of Proof (Section 16): When a person is prosecuted for abetment of Sati, the burden of proving that they did not commit the offense is on the accused.

3. Obligation to Report (Section 17): Government officials, and also village officials and inhabitants, who have knowledge of an imminent or completed act of sati are required to report this information to the nearest police station. Failure to do so is punishable with imprisonment upto 2 years and also with fine.

4. Disqualification from inheriting (Section 18): If a person is convicted under Section 4 for abetting sati, then he is disqualified from inheriting any property from the person who committed sati, as well as property from any other person, if such inheritance was through the person who committed sati.

5. Overriding Effect (Section 20): The provisions of this Act have overriding effect over any other conflicting laws.

6. Power to Make Rules (Section 21): The Central Government is empowered to make rules for carrying out the provisions of the Act.

Conclusion

The Commission of Sati (Prevention) Act, 1987 stands as a symbol of India’s resolve to eradicate a deeply rooted social evil. It underscores the nation’s commitment towards protecting human rights, and it reinforces the importance of not allowing any social tradition to supersede human dignity. By understanding the provisions of the Act, all citizens can contribute towards building a more equitable and just society.