Commission of Sati (Prevention) Act, 1987

 Commission of Sati (Prevention) Act, 1987

Sati (Prevention) Act, 1987 is a law enacted by Government of Rajasthan in 1987. It became an Act of the Parliament of India with the enactment of The Commission of Sati (Prevention) Act, 1987 in 1988. The Act seeks to prevent sati, the voluntary or forced burning or burying alive of a widow, and to prohibit glorification of this action through the observance of any ceremony, participation in any procession, creation of a financial trust, construction of a temple, or any actions to commemorate or honor the memory of a widow who committed sati.

Sati was first banned under Bengal Sati Regulation, 1829.

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When prosecution for an offence under Section 4 of Commission of Sati (Prevention) Act, 1987 takes place, the burden of proof of not having committed the offence lies on whom of the following:

A. The State

B. The Accused

C. In-laws of the deceased woman

D. Witness è

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If you want a detailed blog explaining the Commission of Sati (Prevention) Act, 1987 and the Bengal Sati Regulation, 1829 and rules made under these Acts then please comment below.

Sati Pratha

Sati Pratha

Sati, also spelled as Suttee, is a practice among Hindu communities where a recently widowed woman, either voluntarily or by force, immolates herself on her deceased husband's pyre. The woman who immolates herself is, hence, called a Sati which is also interpreted as a 'chaste woman' or a 'good and devoted wife'.

Sati system in India is said to have its origins back in the 4th century BC. However, the evidence of the practice is traced between the 5th and 9th centuries AD when widows of the Kings performed this sacrifice. Jauhar was among one of the most prevalent practices in Rajasthan and Madhya Pradesh.

Raja Ram Mohan Roy, the man who abolished Sati Pratha.

18-year-old Roop Kanwar remains India's last known case of sati, her death stunning a nation and forcing a rewrite of its laws

It was due to the efforts of Raja Ram mohan Roy that Lord William Bentick abolished Sati system in 1829 by declaring it an offence. It advocated freedom of the press and condemned any restriction imposed on it by the Government. It supported widow-remarriage and the education of girls.

Bhabani Charan Bandyopadhyay (1787 – 20 February 1848) was a noted Indian journalist, author and an orator. He was adored for his deftness in speech. He was a conservative Hindu, who opposed Ram Mohan Roy in the abolition of Sati System. He was the founder of the Dharma Sabha.

Eran Pillar inscription of Bhanugupta

The first epigraphic evidence of Sati has been found from Eran Pillar Inscription of Bhanugupta, Madhya Pradesh. Some records suggest that the first example of Sati appears in the Gupta Period in 510 AD.

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According to whom the practice of Sati was not in accordance with the mandates of shastras?

(a) Ashoka.

(b) Lord Wellesley.

(c) Raja Ram Mohan Roy.

(d) None of the above.

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The first epigraphic evidence of Sati is found in which of the following inscriptions?

a) Eran Pillar inscription of Bhanugupta

b) Junagadh inscription of Rudradaman

c) Allahabad Pillar inscription of Samudragupta

d) Madhuban inscription of Harsha

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Salient features of Dowry Prohibition Act, 1961

The practice of dowry has to be examined in the broader context of the devalued status of women. Parents are often compelled to pay dowry to ensure the security and happiness of their daughter in her matrimonial home.

Dowry Prohibition Act, Indian law, enacted on May 1, 1961, intended to prevent the giving or receiving of a dowry.

Amendments to the original Dowry Prohibition Act also established minimum and maximum punishments for giving and receiving dowry and created a penalty for demanding dowry or advertising offers of money or property in connection with a marriage. The Indian Penal Code was also modified in 1983 to establish specific crimes of dowry-related cruelty, dowry death, and abetment of suicide. These enactments punished violence against women by their husbands or their relatives when proof of dowry demands or dowry harassment could be shown.

The definition of dowry in the Dowry Prohibition Act, 1961 is given in Section 2 as follows:

2. Definition of “dowry”.—In this Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly—

(a) by one party to a marriage to the other party to the marriage; or

(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;

at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

Dowry does not include dower or mahr in the case of Shariyat laws.

The definition of the dowry includes the demand for any property before marriage, at the time of marriage, or even after the marriage from one party of marriage to the other party. Such demand should be in connection with the marriage. This demand shall be fulfilled by the party of the marriage, or parents of the party of the marriage, or any other related person of the party of the marriage.

If the husband demanded an amount of Rs 50,000 by way of dowry some days after the marriage from the wife’s father and in the event of her not being able to give that amount was subjected to torture, it would mean that the amount was demanded in connection with the marriage and it was a demand of dowry even though it was demanded after marriage.

The Dowry Prohibition Act 1961 does not bar the traditional giving of presents at or about the time of a wedding. Thus such presents or dowry given by the parents is therefore not at all within the definition of the statute. But it is provided that such gifts must not be demanded, they must be given voluntarily.

The Act provides for the penalty for taking dowry and abetting to take dowry. Such a person may get a punishment of imprisonment not less than five years and he has to pay a fine of at least 15,000 or value equal to such dowry demanded, whichever the more. Such punishment is provided in Section 3 of the Act.

The Act also makes agreements of giving and taking dowry void by Section 5.

Section 6 of the Act provides for the transfer of the property received in the name of dowry to the woman within three months from the date of its receipt. Such transfer in the name of the woman will be beneficial to her and her children. If the receiver of the dowry fails to transfer such property to the concerned woman then an amount equal to the value of the property may be recovered from him.

Every offence under the Act is non-bailable and non-compoundable.

The Act empowers the State Government to appoint the Dowry Prohibition Officer and to make rules for carrying purpose of the Act. Also, Central Government is empowered to make rules for the implementation of the Act.

 

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References:

1) The National Commission for Women Recommendations and suggestions on Amendments to the DOWRY PROHIBITION ACT, 1961

2) Dowry Prohibition Act

3) Dowry Prohibition Act, 1961

Bigamy in India:

Meaning:

Marriage has been defined as a pure sacrament, particularly in our Indian culture a bond that joins two lives together till the end of their lives, unlike in other countries where entering into a marriage is a contract.

If a certain person in a marital bond cheats with the other person and enters into a new bond of marriage during the lifetime of the other partner, doing this is also known as committing the offence of Bigamy, the sole reason being it is immoral on the part of the first partner to start a new life at the expense of happiness and peace of the previous partner in marriage.

The second marriage while the first marriage is in subsistence is called Bigamy. Bigamy, in simple words, means a person marries for the second time while his first marriage is in subsistence.

The bigamy law is applicable to Hindus, Jains, Buddhists, Sikhs, Parsis, and Christians [except Muslims].

Position in society:

In a case, where the husband or the wife is alive then, the second marriage contracted by a person is not legal and does not hold any validity in the eyes of law, i.e. it is termed to be a void marriage. The position of bigamy in India is certainly mentioned in the law but the practice is still very common and hence the contrast between the law and social practice results in the second wives not having enough protection.

Women in the second marriage are cheated on and are not provided with much protection under Indian laws. There is no legal recognition given to second wives. Nevertheless, the victims of bigamy can still approach the Courts for claiming maintenance. The second wife is entitled to maintenance, she is not entitled to property rights.

Legal provisions;

The key law forestalling Bigamy in India is the Indian Penal Code yet in the event that personal laws do not explicitly specify Punishment for Bigamy or illegalize Bigamy, at that point any person can’t be indicted for the offense of bigamy. Bigamy is prohibited in India under Section 494 of the Indian Penal Code. The law expresses that, whoever marries another person in the lifetime of the existing spouse, such marriage by reason of its occurring during the lifetime of such husband or wife, should be viewed as void and should be punished for such offense. If any person marries more than once during the life of his first spouse, he/she should be punished with imprisonment which may extend to seven years, and shall also be liable to a fine.

Section 494 of the IPC provides about “Bigamy” as thus “Whoever, having a husband or wife living, marries again in any case in which such marriage is void by reason of its taking place during the life of such husband or wife shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”.

Bigamy in India is a non-cognizable offence. It is bailable and compoundable when the permission of the Court is granted if the offence is committed under section 494 of the IPC. The punishment for bigamy is imprisonment, of a maximum of 7 years or a fine or in some cases, both. In case the person charged with bigamy has performed the second marriage by concealing the fact of the first marriage, then he shall be punished with imprisonment of up to 10 years or a fine or both. Such offence under section 495 is not compoundable.

Hindu Marriage Act, 1955- As per the Section 17 of the Hindu Marriage Act, 1955, if a person considered to be a Hindu under the Act, marries another person in the existence of his/her first marriage, i.e, while the first husband or wife is alive, then that person shall be punished under the Indian Penal Code. Section 16 of the Hindu Marriage Act 1955 states that the children born from a bigamous relationship shall be held perfectly valid. But there is no legal recognition for the second wife, but she may have a chance of maintenance under the Act.

Muslim Women (Protection of Rights on Divorce) Act, 1986- Under this Act, unlike other religions, there are no particular or specific provisions for bigamy. A Muslim man has a right to marry twice, thrice, or four times if he is able to treat and respect all of his wives in an equal manner. In case he fails to do so, then he is liable.

Parsi Marriage and Divorce Act, 1936- Section 5 of this act affirmed Bigamy null and void or dissolved and imposes a penalty which has been laid down under Section 494 and 495 of Indian Penal Code, 1860.

Christian Divorce Act, 1896- This act does not provide a specific law for bigamy but at the time of registration of marriage, Section 60 lays down that none of the parties to the marriage should have been in an existing marriage and if a person gives a fall oath or declaration, then he/ she is punishable under Section 193 of the Indian Penal Code. This provision explains that under this Act, more than one marriage is considered to be illegal.

Special Marriage Act, 1954- Section 44 of this Act lays down that if any person commits bigamy then he/ she is liable under Section 494 and 495 of the IPC, 1860.

Foreign Marriage Act 1969- Section 19 of this act states the punishment for Bigamy and imposes a penalty under Sections 494 and 495 of the Indian Penal Code.

Sarla Mudgal v. Union of India (1995 AIR 1531 SC): The Supreme Court of India in its landmark judgment held that “where any man (not Muslim initially) converts his religion into Islam for the sole purpose of contracting a second marriage without legally divorcing his first wife ), the marriage shall be regarded as void and illegal and he shall be punished in the similar manner as he would have been punished had he not converted his religion.”

Bigamy shall not apply if:

a) the first husband or wife is dead, or

b) the first marriage has been declared void by the Court of competent jurisdiction, or

c) the first marriage has been dissolved by divorce, or

d) the first spouse has been absent or not heard of continually for a space of seven years. The party marrying must inform the person with whom he or she marries of this fact.

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References:

1) Rights of the second wife in India

2) Is Bigamy a Punishable Offence in India?

3) BIGAMY LAWS FAQ

Status of Women in Pre-Constitutional Period

 

Pre-constitutional period means period before the enactment of the Constitution of India i.e. 26^th January, 1950 across India. It includes the British Rule era and period between 15^th August, 1947 and 26^th January, 1950.

During British rule the position of wife in household was at sorry level. The women were dominated in domestic sphere. Literacy rate was also very low, hardly 1 out-off  100 women was able to read and write. Evil social practices, dogmatic religious beliefs, inhuman superstitions and sinister customs caused the maximum degree of deterioration. Child marriage, enforced widowhood, sati, Devadasi, purdah, burkha, dowry, female infanticide and the practice of polygamy made the Indian society static. One sect of the society was having easy provisions of divorce but in the majority the provision for divorce was not present.

During the communal tensions between the religious groups, only the women were victims of sexual violence. During such riots, specifically in Madras precidency, if a pregnant woman was caught then the rioters use to cut her belly and let her to die. Age old women were killed by these rioters. Female children, young girls and other adult women were raped heinously. Also in some parts during such riots, specifically during partition, in the area of Punjab and Bengal, the women were disrobed and forced to walk in front of rioters and then they were gang-raped brutally. British rulers were not able to handle such communal riots and such incidences took place many times even after 1900.

The majority religious group was practicing some things such as child marriages, enforced widowhood, sati, Devadasi, purdah, etc. But the social reformers such as Raja Ram Mohan Ray, Iswar Chandra Vidyasagar, Savitri Bai Phule, Mahatma Jyotiba Phule and others protested for the abolition of such practices and they stressed for the women education and widow remarriages. Their efforts were accepted by the majority religious groups.

The majority religious group accepted the reforms Sati’ was legally abolished in December, 1829. After the abolition of ‘Sati’ the Britisher’s realized the pitiable conditions of the Hindu widows and enacted the Hindu Widow Remarriage Act in 1856. The Hindu Woman’s Right to Property Act was passed in the year 1937. It intended to improve the position of widows in respect of property. The Child Marriage Restraint Act was passed in 1929. This Act penalized the marriage of girls below fourteen and boys below eighteen years of age. They accepted the reforms and many inhumane practices were abolished and many Acts in favour of Hindu women were passed. Also for these reforms Hindus supported to the protests and then government was forced to pass the enactments.

Some religious groups were against such reforms and from such groups practices like polygamy were not reformed, because no one was there to protest against such practices. And still there are some sects in the society where polygamy, dowry, no education rights, child marriage, etc. are practiced which are heinous.

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Features of the Hindu Succession Act, 1956

Vande Matram! Succession is very confusing and complicated process if it is not governed by the laws. Hindu personal law comprises of special provisions for inheritance in the form of Hindu Succession Act, 1956 (for short HCA) and Hindu Succession (Amendment) Act, 2005 for short (HCAA). In this article, I am sharing some important points from the said Act.

Hindu Succession Act, 1956

Purpose of the Act:

HAS is enacted for codification laws related to intestate succession among Hindus. This is Act no. 30 of 1956 and came into force on 17^th June 1956 to the whole of India. This Act is applicable to

a) any person who is Hindu including Virashaiva, Lingayat, follower of Bramho, Prarthan and Arya Samaj, by religion, as well as

b) to any person who is Buddhist, Jain or Sikh by religion and

c) to any person who is not at all Muslim, Christian, Parsi or Jew by religion. (provided if that person proves that he or she is not governed by Hindu law)

Rules of succession:

As per the rules of succession the property of male Hindu dying intestate shall devolve

a) firstly among the legal heir being the relatives specified in Class I of the schedule,

b) secondly if there are no class I relatives then among the Class II relatives specified in the schedule being legal heirs,

c) thirdly if no relatives of both classes then agnates of the deceased

d) lastly if no agnates then cognates of the deceased will have the right of legal heir to the property of the male Hindu dying intestate.

Further rules for the division property of male Hindu dying intestate are given according to which

a) widow or widows of the deceased will have one part of the property – thus a Hindu widow is having right of ownership on one part of the property of her husband.

b) surviving sons, daughters and mother shall take one part each. Thus mother of a male Hindu dying intestate is having right of ownership on one part of the property of her deceased son.

c) If any heir of predeceased son or predeceased daughter is there then he or she shall have one part of the property of the intestate.

Further if no class I relatives mentioned above are there to claim the legal heir rights of intestate then any one entry of the Class II relatives will get the equal parts of the property.

Further if there are no class I or class II relatives to claim legal heir rights then the property of the intestate will be devolved in his agnates and then in his cognates. The order of agnates or cognates is decided on the degree of ascent or descent or both. One generation is equal to one degree.

Further provisions for succession of the female Hindu dying intestate are given according to which the property of the female Hindu dying interstate shall be inherited

a) firstly to her children and children of predeceased child and her husband.

b) secondly to legal heirs of husband

c) thirdly to her mother and father

d) fourthly to the legal heirs of her father

e) last to her mother

It is further mentioned that, if the intestate female has property inherited to her from her father, and there is absence of her children including children of predeceased child, then such property will be devolved to the legal heirs of her father. Thus husband will not have any right on the property inherited to his wife from her father.

If the intestate female has property inherited to her from her father-in-law, and there is absence of her children including children of predeceased child, then such property will be devolved to the legal heirs of her husband. Means part of Stridhan inherited to a woman from her father-in-law will be devolved back in her in-laws in absence of any son, daughter or any grand-child.

The Act provides that if an intestate dies and there is a child in the womb of mother, then he may have same rights of inheritance after his birth as if he was alive at the time of death of intestate.

Right of women under HSA or HSAA:

Section 6 provides for Devolution of interest in coparcenary property. After 2005 amendment daughters got the right to become coparceners in same manner as the son. The daughter is allotted same share as that of son. Also the daughter will also be subject to liabilities and disabilities as that of son.

Section 14 provides that ‘property of a female Hindu to be her absolute property’. It means that any property possessed by female Hindu, shall be held by her as full owner and not the limited owner. Such property may be movable or immovable and acquired by the female Hindu by inheritance, device, partition, in lieu of maintenance, arrears of maintenance, by gift from any person, by her own skills or exertion, by purchase, or by prescription etc shall be termed as ‘Stridhana’ and she shall be the full owner of such property.

Disqualification of the legal heirs:

If a person murders an intestate then he is disqualified from inheritance of property of deceased. If such murderer is having any children or descendants and are not involved in the murder of the intestate then they will devolve the property of Hindu intestate as if that murderer is pre-deceased.

If a person has ceased or ceases to be Hindu by conversion to another religion, then such converted person and children born to him after such conversion shall be disqualified from inheriting the property of a Hindu intestate. If such converted person is having any children or descendants who are Hindu at the time when succession opens then they will devolve the property of Hindu intestate as if that converted person is pre-deceased.

As per Section 29 of the HSA or HSAA Government will devolve all the property of Hindu intestate if he or she has not left any qualified legal heir.

Conclusion:

Thus this act provides for succession in Hindu family law. At the end as per this Act Government is the legal heir of deceased Hindu in case of absence of legal heirs, if he dies without executing his will. Murderers of intestate are not eligible for inheritance of his or her property. Any person converts to any other religion and ceases to be Hindu then he cannot be legal heir of any deceased.

#WomenWelfareLawsInIndia #HinduLaw #FamilyLaw #PersonalLaw #LawOfInheritance #LawofSuccession #HinduSuccessionLaw

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References

Hindu Succession Act, 1956.