Knowledge (XXG)

Bengal Sati Regulation, 1829

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preferably inculcated, and by a vast majority of that people throughout India the practice is not kept up, nor observed: in some extensive districts it does not exist: in those in which it has been most frequent it is notorious that in many instances acts of atrocity have been perpetrated which have been shocking to the Hindus themselves, and in their eyes unlawful and wicked. The measures hitherto adopted to discourage and prevent such acts have failed of success, and the governor-general in council is deeply impressed with the conviction that the abuses in question cannot be effectually put an end to without abolishing the practice altogether. Actuated by these considerations the governor-general in council, without intending to depart from one of the first and most important principles of the system of British government in India, that all classes of the people be secure in the observance of their religious usages so long as that system can be adhered to without violation of the paramount dictates of justice and humanity, has deemed it right to establish the following rules, which are hereby enacted to be in force from the time of their promulgation throughout the territories immediately subject to the presidency of Fort William.
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quote the Arthashāstra: 'wives are there for having sons'. Practices such as female infanticide and the neglect of young girls were also developing at this time. Further, due to the increasingly hierarchical nature of the society, marriage was becoming a mere institution for childbearing and the formalization of relationships between groups. In turn, this may have contributed to the growth of increasingly instrumental attitudes towards women and girls (who moved home at marriage). It is important to note that, in all likelihood, these developments did not affect people living in large parts of the subcontinent—such as those in the south, and tribal communities inhabiting the forested hill and plateau areas of Southern Asia where hindiusm was practised. That said, these deleterious features have continued to blight Indo-Aryan-speaking areas of the subcontinent until the present day.
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duty of the police-officers to announce to the persons assembled for the performance of ceremony, that it is illegal; and to endeavour to prevail on them to disperse, explaining to them that in the event of their persisting in it they will involve themselves in a crime, and become subject to punishment by the criminal courts. Should the parties assembled proceed in defiance of these remonstrances to carry the ceremony into effect, it shall be the duty of the police-officer to use all lawful means in their power to prevent the sacrifice from taking place, and to apprehend the principle persons aiding and abetting in the performance of it, and in the event of the police-officers being unable to apprehend them, they shall endeavour to ascertain their names and places of abode, and shall immediately communicate the whole of the particulars to the magistrate for his orders.
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that has become a major social problem in modern India, among all castes, classes and even religions. (p. 90) ... the widow's head was shaved, she was expected to sleep on the ground, eat one meal a day, do the most menial tasks, wear only the plainest, meanest garments, and no ornaments. She was excluded from all festivals and celebrations since she was considered inauspicious to all but her own children. This penitential life was enjoined because the widow could never quite escape the suspicion that she was in some way responsible for her husband's premature demise. ... The positions taken and the practices discussed by Manu and the other commentators and writers of
267:; and all munduls or other headmen of villages are hereby declared especially accountable for the immediate communication to the officers of the nearest police station of any intended sacrifice of the nature described in the foregoing section; and any zamindar, or other description of persons above noticed, to whom such responsibility is declared to attach, who may be convicted of wilfully neglecting or delaying to furnish the information above required, shall be liable to be fined by the magistrate or joint magistrate in any sum not exceeding two hundred rupees, and in default of payment to be confined for any period of imprisonment not exceeding six months. 133: 182: 311:
homicide, in being accessory to a suttee, and also in the degree of interference to be exercised by the police-officers. Upon the fullest consideration of the objections taken by the court, we determined that it would be better to leave the apportionment of punishment to be regulated by the commissioners of circuit, according to the nature and circumstances of each case, and that separate special instructions should be issued to the police-officers, as well as to the European authorities, to ensure a moderate and lenient exercise of the powers vested in them respectively by the regulation.
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injunctions and moral prescriptions, women were firmly tied to the patriarchal family, ... Thus the Laws of Manu severely reduced the property rights of women, recommended a significant difference in ages between husband and wife and the relatively early marriage of women, and banned widow remarriage. Manu's preoccupation with chastity reflected possibly a growing concern for the maintenance of inheritance rights in the male line, a fear of women undermining the increasingly rigid caste divisions, and a growing emphasis on male asceticism as a higher spiritual calling.
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desired by your honourable court than by every preceding government of India, although the state of the country was less favourable in former times than at present, for its full and complete execution. It would be too much to expect that the promulgation of the abolition will not excite some degree of clamour and dissatisfaction, but we are firmly persuaded that such feelings will be short-lived, and we trust that no apprehension need be entertained of its exciting any violent opposition or any evil consequences whatever.
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shall be liable to punishment by fine or by both fine and imprisonment, at the discretion of the court of circuit, according to the nature and circumstance of the case, and the degree of guilt established against the offender; nor shall it be held to be any plea of justification that he or she was desired by the party sacrificed to assist in putting her to death.
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proceeding, independently of the embarrassing situation in which it would place the local officers, by allowing them to exercise a discretion in so delicate a matter. To use the words of the governor-general, we were decidedly in favour of an open avowed and general prohibition, resting altogether upon the moral goodness of the act, and our power to enforce it.
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opening to objections which it was desirable as much as possible to avoid; at the same time the opinion of the court against excepting the offence in question from the ordinary course of trial, was doubtless entitled to much weight, and upon the whole we were willing to be guided by their judgement in omitting the section altogether.
554:; that of the married man, when they became householders; ... Since the Hindu man was enjoined to take a wife at the appropriate period of life, the roles and nature of women presented some difficulty. Unlike the monastic ascetic, the Hindu man was exhorted to have sons, and could not altogether avoid either women or sexuality. ... 558:
approved of child brides, considering a girl of eight suitable for a man of twenty-four, and one of twelve appropriate for a man of thirty.(p. 89) If there was no dowry, or if the groom's family paid that of the bride, the marriage was ranked lower. In this ranking lay the seeds of the curse of dowry
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V. It is further deemed necessary to declare, that nothing contained in this regulation shall be construed to preclude the court of Nizamat Adalat from passing sentence of death on persons convicted of using violence or compulsion, or of having assisted in burning or burying alive a Hindu widow while
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IV. First. On the receipt of the reports required to be made by the police daroghas, under the provisions of the foregoing section, the magistrate or joint magistrate of the jurisdiction in which the sacrifice may have taken place, shall enquire into the circumstances of the case, and shall adopt the
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10. We beg to refer your honourable court to the enclosures contained in the letter from the registrar of the nizamat adalat under date the 3d instant (No. 21), for the special instructions above noticed, which have been issued to the commissioners of circuit, the magistrate, and the police-officers
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6. Your honourable court will be gratified by perceiving the great preponderance of opinions of the most intelligent and experienced of the civil and military officers consulted by the governor-general, in favour of the abolition of suttees, and of the perfect safety with which in their judgment the
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A regulation for declaring the practice of sati, or of burning or burying alive the widows of Hindus, illegal, and punishable by the criminal courts, passed by the governor-general in council on 4 December 1829, corresponding with the 20th Aughun 1236 Bengal era; the 23rd Aughun 1237 Fasli; the 21st
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Thirdly. Should intelligence of a sacrifice have been carried into effect before their arrival at the spot, they will nevertheless institute a full enquiry into the circumstances of the case, in like manner as on all other occasions of unnatural death, and report them for the information and orders
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Therefore, by the time of the Mauryan Empire the position of women in mainstream Indo-Aryan society seems to have deteriorated. Customs such as child marriage and dowry were becoming entrenched; and a young women's purpose in life was to provide sons for the male lineage into which she married. To
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Secondly. Immediately on receiving intelligence that the sacrifice declared illegal by this regulation is likely to occur, the police darogha shall either repair in person to the spot, or depute his mohurrir or, jamadar, accompanied by one or more burkundazes of Hindu religion, and it shall be the
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III. First. All zamindars, or other proprietors of land, whether malguzari or lakhiraj; ali sadar farmers and underrenters of land of every description; all dependent taluqdars; all naibs and other local agents; all native officers employed in the collection of the revenue and rents of land on the
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9. Finally, also, we were induced by the advice of the nizamat adalat to leave out a provision that the Mahomedan law-officers should not take any part in trials in cases of suttee. We were disposed to think that the attendance of the law-officers might be liable to misconstruction, and afford an
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I. The practice of suttee, or of burning or burying alive the widows of Hindus, is revolting to the feelings of human nature; it is nowhere enjoined by the religion of the Hindus as an imperative duty; on the contrary a life of purity and retirement on the part of the widow is more especially and
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11. In conclusion we venture to express a confident expectation that under the blessing of divine providence the important measure which we have deemed it our duty to adopt will be efficacious in putting down the abhorrent practice of suttee, a consummation, we feel persuaded, not less anxiously
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8. Your honourable court will observe that the original draft of the regulation was considerably modified before its final enactment, and that it was deemed advisable, at the suggestion of the judges of the nizamat adalat, to omit the distinction originally made between misdemeanour and culpable
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Secondly. It is hereby declared, that after the promulgation of this regulation all persons convicted of aiding and abetting in the sacrifice of a Hindu widow, by burning or burying her alive, whether the sacrifice be voluntary on her part or not, shall be deemed guilty of culpable homicide, and
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The legal rights, as well as the ideal images, of women were increasingly circumscribed during the Gupta era. The Laws of Manu, compiled from about 200 to 400 C.E., came to be the most prominent evidence that this era was not necessarily a golden age for women. Through a combination of legal
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Quote: Sati is a particularly relevant social practice because it is often used as a means to prevent inheritance of property by widows. In parallel, widows are also sometimes branded as witches – and subjected to violent expulsion from their homes – as a means to prevent their
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7. A few indeed were of opinion that it would be preferable to effect the abolition by the indirect interference of the magistrates and other public offices with the tacit sanction alone on the part of government, but we think there are very strong grounds against the policy of that mode of
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Thirdly. Persons committed to take their trial before the court of circuit for the offence above-mentioned shall be admitted to bail or not, at the discretion of the magistrate or joint magistrate, subject to the general rules in force in regard to the admission of bail.
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labouring under a state of intoxication, or stupefaction, or other cause impeding the exercise of her free will, when, from the aggravated nature of the offence, proved against the prisoner, the court may see no circumstances to render him or her proper object of mercy.
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The Assam Code: Containing the Bengal Regulations, Local Acts of the Governor-General in Council, Regulations made under the Government of India Act 1870 (33 Vict., C. 3), and Acts of the Lieutenant-Governor of Bengal in Council in force in
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An etching from the early 19th century purporting to show a Hindu widow being led—past the body of her deceased husband—to the funeral pyre to sit atop it beside her husband's body and to immolate
546:, where it was considered the only true path to spiritual liberation. (p. 88) Instead, Hindu men of upper castes, passed through several stages of life: that of initiate, when those of the 563:
are not quaint relics of the distant past, but alive and recurrent in India today – as the attempts to revive the custom of sati (widow immolation) in recent decades has shown.
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The ban was enacted by Bentinck after consultation with the Army administration found little opposition to any such ban. The most prominent campaigners to end the practice of
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The History of Doing: An Illustrated Account of Movements for Women's Rights and Feminism in India 1800-1990, Kali for Women, A 36 Gulmohar Park, New Delhi, 1993. pp 10-11
205:-speaking regions of India that limited the rights of women, especially those related to the inheritance of property. The Regulation was repealed and superseded by the 236:'s Statute 37, which had assured Hindus complete non-interference with their religion. This resulted in a challenge to the decision to ban sati in the 201:
The ban was the first major social reform legislation enacted by the British in India. It led to legislation against other old Hindu practices in the
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II. The practice of suttee, or of burning or burying alive the widows of Hindus, is hereby declared illegal, and punishable by the criminal courts.
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widow on the funeral pyre of her deceased husband—illegal in all jurisdictions of British India and subject to legal prosecution.
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Aquatint from the early 19th century purporting to show ritual preparation for the immolation of a Hindu widow, shown in a white
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Darkness can be said to have pervaded one aspect of society during the inter-imperial centuries: the degradation of women. In
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necessary measures for bringing the parties concerned in promoting it to trial before the court of circuit.
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when attempts to revive the custom in the 1980s brought further legislative focus on the practice.
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A Regulation for declaring the practice of Sati or of Burning or Burying alive the Widows of
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Aughun 1237 Vilayati; the 8th Aughun 1886 Samavat; and the 6th Jamadi-us-Sani 1245 Hegira.
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The Wesleyan Juvenile Offering: A Miscellany of Missionary Information for Young Persons
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received the sacred thread; that of student, when the upper castes studied the
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who saw the ban as an interference in Hindu religious affairs and violation of
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A Population History of India: From the First Modern People to the Present Day
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Women, Power, and Property: The Paradox of Gender Equality Laws in India
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of the magistrate or joint magistrate, to whom they may be subordinate.
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Bengal government to the court of directors on sati (4 December 1829)
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Madras, Chennai: A 400-year Record of the First City of Modern India
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Archives of Empire: From the East India Company to the Suez Canal
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near the water, atop the funeral pyre of her deceased husband.
360:. Calcutta: Superintendent of Government Printing. p. 81 224:. The opposition came from some conservative Hindus led by 595:
Values and Influence of Religion in Public Administration
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Law which made the burning of widows illegal in India
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Government of India, Legislative Department (1897).
458:, in Barbara N. Ramusack, Sharon L. Sievers (ed.), 351:For short title of the Regulation, see footnote in 216:were led by British Christian evangelists, such as 97: 89: 70: 28: 23: 656:Social Ideas and Social Change in Bengal 1818-1835 578:Social Ideas and Social Change in Bengal 1818-1835 244:Sati Regulation XVII A. D. 1829 of the Bengal Code 62:, illegal, and punishable by the Criminal Courts. 653:A. F. Salahuddin Ahmed; Aly Fouad Ahmed (1965). 575:A. F. Salahuddin Ahmed; Aly Fouad Ahmed (1965). 659:. Brill Archive. p. 30. GGKEY:8YWY14NBR66 404:. Wesleyan Missionary Society: 84. August 1852 153:Regulation XVII, A. D. 1829 of the Bengal Code 8: 702: 462:, Indiana University Press, pp. 27–29, 731:Harlow, Barbara; Carter, Mia, eds. (2003). 592:L Shanthakumari Sunder (6 January 2011). 460:Women in Asia: Restoring Women to History 180: 429:, Oxford University Press, p. 20, 382: 344: 55: 737:. Duke University Press. p. 361. 684:. Firma K. L. Mukhopadhyay. p. 36 625:. Palaniappa Brothers. pp. 484–. 20: 522:, John Wiley & Sons, p. 87, 185:Widow Burning in India (August 1852). 136:Plaque of Last Legal Sati of Bengal, 7: 598:. SAGE Publications. pp. 34–. 14: 170:. The act made the practice of 681:The Indian Awakening and Bengal 155:was a legal act promulgated in 220:, and Hindu reformers such as 174:—or the immolation of a 1: 454:Ramusack, Barbara N. (1999), 769:Legislation in British India 303:practice may be suppressed. 24:Bengal Sati Regulation, 1829 333:Sati (Prevention) Act, 1987 263:part of government, or the 207:Sati (Prevention) Act, 1987 105:Sati (Prevention) Act, 1987 800: 678:Nemai Sadhan Bose (1960). 487:Brule, Rachel E. (2020). 104: 75:Governor-General of India 44: 30:Governor-General of India 703:Harlow & Carter 2003 391:"Widow Burning in India" 161:East India Company rule 138:Scottish Church College 516:Stein, Burton (2010), 198: 186: 149:Bengal Sati Regulation 144: 129: 120: 456:"Women in South Asia" 192: 184: 168:Lord William Bentinck 135: 126: 114: 79:Lord William Bentinck 34:Lord William Bentinck 319:for their guidance. 779:1829 in British law 619:S. Muthiah (2008). 423:Dyson, Tim (2018), 774:Widowhood in India 705:, pp. 361–363 519:A History of India 199: 187: 145: 130: 121: 744:978-0-8223-3164-3 632:978-81-8379-468-8 605:978-81-321-0571-8 548:twice-born castes 529:978-1-4443-2351-1 500:978-1-108-83582-4 436:978-0-19-882905-8 109: 108: 791: 755: 753: 751: 718: 712: 706: 700: 694: 693: 691: 689: 675: 669: 668: 666: 664: 650: 644: 643: 641: 639: 616: 610: 609: 589: 583: 582: 572: 566: 565: 513: 507: 504: 484: 478: 477: 451: 445: 444: 420: 414: 413: 411: 409: 395: 387: 370: 369: 367: 365: 349: 165:Governor-General 21: 799: 798: 794: 793: 792: 790: 789: 788: 759: 758: 749: 747: 745: 730: 727: 722: 721: 713: 709: 701: 697: 687: 685: 677: 676: 672: 662: 660: 652: 651: 647: 637: 635: 633: 618: 617: 613: 606: 591: 590: 586: 574: 573: 569: 530: 515: 514: 510: 501: 486: 485: 481: 470: 453: 452: 448: 437: 422: 421: 417: 407: 405: 393: 389: 388: 384: 379: 374: 373: 363: 361: 352: 350: 346: 341: 329: 297: 246: 93:4 December 1829 71:Enacted by 66: 63: 54: 53: 17: 12: 11: 5: 797: 795: 787: 786: 781: 776: 771: 761: 760: 757: 756: 743: 726: 723: 720: 719: 707: 695: 670: 645: 631: 611: 604: 584: 567: 528: 508: 499: 479: 468: 446: 435: 415: 381: 380: 378: 375: 372: 371: 343: 342: 340: 337: 336: 335: 328: 325: 296: 293: 265:Court of Wards 245: 242: 226:Radhakanta Deb 195:James Atkinson 163:, by the then 107: 106: 102: 101: 95: 94: 91: 87: 86: 81:, in Council, 72: 68: 67: 65: 64: 57: 47: 46: 45: 42: 41: 36:, in Council, 26: 25: 15: 13: 10: 9: 6: 4: 3: 2: 796: 785: 784:1829 in India 782: 780: 777: 775: 772: 770: 767: 766: 764: 746: 740: 736: 735: 729: 728: 724: 716: 711: 708: 704: 699: 696: 683: 682: 674: 671: 658: 657: 649: 646: 634: 628: 624: 623: 615: 612: 607: 601: 597: 596: 588: 585: 580: 579: 571: 568: 564: 562: 561:Dharmashastra 557: 553: 549: 545: 541: 537: 531: 525: 521: 520: 512: 509: 502: 496: 492: 491: 483: 480: 476: 471: 469:0-253-21267-7 465: 461: 457: 450: 447: 443: 438: 432: 428: 427: 419: 416: 403: 399: 392: 386: 383: 376: 359: 358: 348: 345: 338: 334: 331: 330: 326: 324: 320: 316: 312: 308: 304: 300: 294: 292: 288: 284: 280: 276: 272: 268: 266: 260: 257: 253: 249: 243: 241: 239: 238:Privy Council 235: 231: 227: 223: 222:Ram Mohan Roy 219: 218:William Carey 215: 210: 208: 204: 196: 191: 183: 179: 177: 173: 169: 166: 162: 158: 157:British India 154: 150: 143: 139: 134: 125: 118: 113: 103: 100: 96: 92: 88: 84: 80: 76: 73: 69: 61: 56: 52: 51: 43: 39: 35: 31: 27: 22: 19: 748:. 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Index

Governor-General of India
Lord William Bentinck
Calcutta
Long title
Hindus
Governor-General of India
Lord William Bentinck
Calcutta
Repeals

sari


Scottish Church College
Kolkata
British India
East India Company rule
Governor-General
Lord William Bentinck
sati
Hindu


James Atkinson
Indo-Aryan
Sati (Prevention) Act, 1987
William Carey
Ram Mohan Roy
Radhakanta Deb
Dharma Sabha

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