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Legal Developments in the Roop Kanwar Case and Sati Prevention

Context:

In a recent development, eight persons have been cleared of the charges of illegal building temples in honor of Roop Kanwar that promotes the act of Sati. This is in relation to the occurrence of the Sati practice in question, which took place in Rajasthan state on September 4, 1987, and involved a woman named Roop Kanwar. Sati horror and outcry, and legally pursued consequences of its promotion, such that the Commission of Sati Prevention Act was passed by the Union government in 1987 with the purpose of banning and punishing the portrayal of such notions in society.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

  1. What are the Key Punishment Provisions Under Sati Commission of Sati (Prevention) Act, 1987?
  2. Efforts to Abolish Sati and Reforms by William Bentinck
  3. Conclusion

What are the Key Punishment Provisions Under Sati Commission of Sati (Prevention) Act, 1987?

  • Any person in the opinion of the authorities has committed sati or taken any step towards committing sati shall be liable to be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
  • Whoever, in any manner, is involved in bringing about the act of sati, shall be punished with imprisonment for life, and with fine – Section 4 of the Act. Eg. Encouraging a widow or a woman that she should aspire to perform sati as it may please God or the soul of her dead husband, or it may be beneficial for the family.
  • Whoever, deals in the practice of or spreads the practice of sati shall be liable to be punished by the imprisonment from 1 year to 7 years – Section 5 of the Act.
Elaboration of the Sati System – 
  • About Sati: Sati is an act of a widow self-immolating on her husband’s pyre.
  • After her cremation, devotees worships her building a “Devi” and often a Mantapa made of sacred stones and wood.
  • The earliest historical records of Sati – loci petentes indiciarum came from the Eran Pillar Inscription of Bhanugupta found in Madhya Pradesh based in Eran in the year 510 A.D.

Efforts to Abolish Sati and Reforms by William Bentinck

Measures to Eradicate Sati
  • Mughal Empire: Emperor Akbar took a stand against forced sati in 1582, offering support to widows to discourage the practice.
  • Sikh Empire: Sikh Guru Amar Das denounced sati during the 15th–16th centuries.
  • Maratha Empire: The practice was banned across Maratha-controlled regions.
  • Colonial Powers: The Dutch, Portuguese, and French banned sati within their Indian colonies.
  • British Rule: Governor-General William Bentinck made sati illegal under the Bengal Sati Regulation, 1829, marking a significant legal reform.
Broader Reforms by William Bentinck (1828-1835)
  • Administrative Changes:
    • Bentinck promoted the inclusion of educated Indians in governmental roles, significantly diversifying the administrative services.
    • He updated the Mahalwari system to enhance state revenue through structured negotiations and surveys.
    • Reorganization of the Presidency of Bengal improved administrative efficacy by dividing it into twenty divisions.
  • Judicial Reforms:
    • Abolishment of provincial courts and establishment of a Supreme Court in Agra streamlined legal processes and enhanced accessibility.
    • Introduction of separate Sadar Diwani and Sadr Nizamat Adalats in Allahabad improved judicial service.
    • Bentinck’s reforms also included the reduction of severe punishments and the introduction of vernacular languages in the judicial process.
  • Financial Reforms:
    • Formation of military and civil committees to scrutinize and reduce governmental expenditures.
    • Investigation of land grants in Bengal revealed numerous fraudulent activities, enhancing revenue.
  • Educational and Language Policies:
    • Bentinck advocated for English as the medium of instruction influenced by Macaulay.
    • Implementation of the English Education Act in 1835 made English the official government language, replacing Persian.
  • Social Reforms:
    • Decisive actions against the Thuggee system, which involved robbery and murder, were crucial in alleviating public fear.
    • Support from figures like Raja Rammohan Roy, who campaigned for both the abolition of Sati and broader social reforms.

Conclusion

In order to make larger strides towards social reform in India, it is necessary to continue the efforts on women empowerment, implement the laws that prohibit the practice of Sati, and also include the communities more. Working with the local groups for advocacy would empower the oppressed populations and help create a change that is long lasting in the society.

-Source: Indian Express


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