BENGAL SATI REGULATION, 1829 [1]
PREAMBLE
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
Regulation -? 1. Preamble.--
1.
The practice of sati 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 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.
2.
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.
3.
Actuated by these considerations, the
Governor-Genera! in Council, without intending to depart from one of the first
and most important principles of the system of [2]
[* * *] 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.][3]
Regulation -? 2. Sati declared illegal and punishable.--
The practice of sati or burning or burying alive the
widows of Hindus is hereby declared illegal and punishable by the Criminal
Courts.
Regulation -? 3. Zamindars, etc., responsible for immediate communication of police of intended sacrifice-Penalty in case of neglect.--
1.
First-All zamindars, talukdars or other
proprietors of land, whether malguzari or lakhiraj, all sadar farmers and under
renters of land of every description, all dependent talukdars, all naibs and
other local agents, all [4]
[* *] officers employed in the collection of the revenue and rents of land on
the part of Government or the Court of Wards][5]
and all mandals 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.
2.
Police how to act on receiving intelligence
of intended sacrifice.-Second- Immediately on receiving intelligence that the
sacrifice declared illegal by this Regulation is likely to occur, the police
daroga shall either appear in person to the spot, or depute his muharriror
jamadar, accompanied by one or more barkandazes [6][*
*], and it shall be the duty of the police-officers to announce to the persons
assembled for the performance of the 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.
3.
Should the parties assembled proceed in
defiance of these remonstrance's to carry the ceremony into effect, it shall be
the duty of the police-officers to use all lawful means in their power to
prevent the sacrifice from taking place, and to apprehend the principal persons
aiding and abetting in the performance of it; and in the event of the police
officers being able 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 or Joint Magistrate for his orders.
4.
How to act when intelligence of sacrifice
does not reach them until after it has taken place.-Third- Should intelligence
of a sacrifice declared illegal by this Regulation not reach the
police-officers until after it shall have actually taken place, or should the
sacrifice have been carried into effect before their arrival at the spot, they
will nevertheless institute a full inquiry 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 of the Magistrate or Joint Magistrate to whom
they may be subordinate.
Regulation -? 4 to 5.
(Trial of persons concerned in the sacrifice; sentence of
death by Court of Nizamat Adalat.) [Rep. by Act 17 of 1862].
[1] This Regulation was passed for the whole of the former
Province of Bengal. See paragraph of S.I.
[2] British" rep. by A.L.O.
[3] This includes the present State of Bihar.
[4] "Native" rep. by A.L.O.
[5] See the Courts of Wards Act, 1879.
[6] This Regulation was passed for the whole of the former
Province of Bengal. See paragraph of S.I.