Sati: Royal Tradition and Legal Invasion of a Ritual Space
Sati or widow burning was a socio-religious practice and was in vogue in Orissa from the 12th century (Pattanaik 2005:267). The occurrences of Sati are known from the Sati stones found at various places of Orissa.
The wives and mistresses of the Raja of Jeypore Biswanath Deo (1713-1752) committed Sati at his capital Rayagada. The stones erected for the purpose are still found and that place is still called ‘Satigarbha’. At Papadahandi, a village of the Koraput district, are found many weather-eaten Sati-stones in a temple complex. In Ganjam also a fairly large number of Sati rites were known to have occurred (Pattanaik 2005:267). The Hindus believed the practice to have been sanctioned by the Vedas. It was also believed that Sati practice was given a religious colour by the Brahmins. So, Sati was basically a practice in Hindu society, particularly among the royal/zamindar families. Then how is it related to tribes? In this context it should be mentioned that the native chiefs representing the Gadjat areas were mostly from the present day tribal dominated districts and a few had tribal origin. Their patronisation and respect to their own religion and culture was an essential support to the tribal ritual practices in order to gain legitimacy and win their loyalty. Such support, however, earned the king a status as ‘protector of religion’. In many literary sources we frequently get reference to 'Dharmik' or 'Dharmavastala' Raja23 (Raja committed to religion) referring to someone who patronises and functions as per established religious norms and traditions. By doing so he gains people’s support and confidence. During colonial rule, the British government also showed its lenience towards the Sati so that the people are not annoyed.The British were initially reluctant to interfere in the socio-religious practice of the natives.
However, informal orders were given to the Darogahs (police constable) to report such cases and dissuade the women from performing the rite. The Rajas in Orissa sanctioned this practice. This is evident from the reply given to the Superintendent of Tributary Mahals in 1814. When they were asked to state the position of the Ranees (queens) after the death of their husbands, they replied “after the Raja’s death it is usual for all the Ranees to become Satis”. But who does not become Sati receives a maintenance24. The zamindars helped in continuance of this practice when they demanded half of the property from the widows who were childless; the widows preferred to die than to live in abject financial misery25.As has been mentioned earlier, the British did not want to directly intervene in the ritual rights of the Hindus on the ground of the principle of religious toleration. It was after strengthening the foundation of British rule over India that Lord Wellesley gave instructions to the British officials to ensure no force was exercised on the widows whether by their relatives or Brahmins to commit Sati and they should take steps to prevent the intoxication of the women for the accomplishment of the object. They were also to ensure that the widows had attained the age of maturity. This worked as a sort of regulation to restrict the occurrence of Sati. However, Sati continued. In 1809 after the death of the Raja of Angul, Jaya Singh, his queen committed Sati. In Kanika, nine queens committed Sati in 1812 when its Raja died (Pattanaik 1989:108). Local police Darogahs were instructed to be present in the spot and counsel the parties about the criminality of the practice, and the noble intention of the government on putting restrictions on the practice. Darogahs were sending full reports to the Magistrates who were in turn forwarding them to the Sadar Nizamat Adalat (Pattanaik 2005:270). Another deterrent measure was taken in 1817. The principal member of the family of the intending Sati was made accountable to give notice to the police Darogah about the proposed occurrence as early as possible failing which he would be punished with imprisonment or a fine. The minimum age of the widow to be a Sati was fixed at fifteen (Pattanaik 2005:270).
However these circulars bore no legal sanction. At the same time, the government decided to issue a small sum as subsistence allowance to all those widows who were refrained from committing Sati. Further, the zamindars were not permitted to exercise any more right of taking half of the property of the widow who had no children as they did before (Pattanaik 2005:270).In 1827, one remarkable type of Sati was reported to have occurred in Killah Pattia of Cuttack district. When its Raja died, his two queens and two of his slave girls burnt themselves. The immolation of the slave girls was not permissible, but it could not be prevented as the police officers could not get timely information. However, it was observed that all those who were associated with the immolation of the slave girls ought to have been brought under trial. It was in 1829 the British decided on taking stern action against the practice of Sati. Thomas Pakenham was the first to write to the government “to prohibit the rite of Sati”. W Winkinson, the Collector of Cuttack and Puri, and H. Brownlow, the Magistrate of the southern division of Cuttack district reported to the government “that Sati might safely be put down by authority” (Pattanaik 2005:270).
The British authorities and scholars prevailed upon the orthodox Hindus and spoke to them with a utilitarian language to dismiss the ritual significance of the practice. The approval of God was discredited under the principles of humanity and conscience. The priestly domination over the sacred ritual under the approval of the sacred Vedas was questioned and put down upon the western utilitarian liberal philosophy. The Christian missionaries also heavily criticised the British for bearing with the practice for so long. It was on 4 December 1829 that a regulation was passed by the Governor-General-inCouncil declaring the practice of Sati as illegal and punishable by the criminal courts. The zamindars, talukdars, or other proprietors of the land were held accountable to report any intended sacrifice to the immediate police station or else bore legal action.
The Darogah was instructed to immediately proceed to the spot and persuade people to disperse. In the event of their persistence they would become subject to punishment by criminal courts. If the rite was already performed the Darogahs were directed to register a case of unnatural death and report to the Magistrates. All persons convicted of aiding and abetting the sacrifice of a Hindu widow should be guilty of culpable homicide and liable to punishment. A similar regulation was also passed in Madras on 2 February 1830 under the governorship of Stephen Lushington26.The practice, however, continued in tributary states of Orissa. In 1839, the wife of the younger brother of the Raja of Mayurbhanja became Sati after the death of her husband. The queen of Keonjhar also committed Sati when the Raja died. The Superintendent of the Tributary Mahals was asked to submit the report about these cases on 18 September 1839. The government of Bengal instructed the Commissioner on 25 November 1839 to appraise the Rajas and their subjects of the regulation concerning the abolition of Sati27. The Superintendent of the Tributary Mahals was directed to prepare some definite rules for the management of the Tributary Mahals. Among such rules was incorporated the practice of burning and burying alive widows of Hindus within the Tributary Mahals as illegal and punishable28. The government order was violated in the state of Khandapara. When its Raja died on 25 January 1842, two of his queens and slave girls immolated themselves on the funeral pyre29. The trial was conducted by A.J.M. Mills. He recommended to the Government of Bengal to give punishment to all such persons guilty of crime. Accordingly, punishments were awarded to them30.
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