It is, therefore, considered desirable to enact a Central law which should be applicable to the whole of Indi… — AMENDING ACT

It is, therefore, considered desirable to enact a Central law which should be applicable to the whole of India other than the State of Jammu and Kashmir. The Bill, among other things, provides for the: following matters, namely:—

2. It is, therefore, considered desirable to enact a Central law which should be applicable to the whole of India other than the State of Jammu and Kashmir. The Bill, among other things, provides for the: following matters, namely:— (i) the definition of 8'a'ti would include not only the. burning or burying alive of any widow along with the body of the deceased husband but would also include such burning or burying of any woman with any other relative or with any article, object or thing associated with the husband or such relative irrespective of whether such burning or burying is claimed to be voluntary or otherwise; (ii) a definition of glorification of Jati has been included which would include the observance of any ceremony, participating in any procession connected with the commission of sati or of any function to eulogise the person who had committed sati. The definition would also include the construction of any temple or the performance of carrying on of any form of worship for the performance of ceremony thereat; (iii) the offence of attempt to commit sati will be punishable with the same punishment as is provided for the offence of attempt to commit suicide under section 309 of the Indiah Penal Code. This is because in most cases the widow or the woman is compelled to commit sati and invariably she will not be in a fit state of mind or will be labouring under a state of intoxication or stupefaction or other cause impeding the exercise of her free will; (iv) the abetment of sati will be punishable with death or imprisonment for life and shall also be liable to fine while the abetment of any attempt to commit sati will be punishable with imprisonment for life and fine; (v) the glorification of sati is punishable with a minimum imprisonment of one year which may extend to seven years and with a minimum fine of five thousand rupees which may extend to thirty thousand rupees; (vi) the Collector or District Magistrate has been given the power to prohibit the doing of any act towards the commission of sati in any area if he is of the opinion that sati is likely to be committed in such area. The State Government or the Collector or District Magistrate has also been empowered to remove temples or other structures constructed for the glorification of sati and to seize properties acquired for such purpose; (vii) the offences under the proposed legislation will be triable only by a Special Court constituted under the provisions of the legislation; (viii) where any person is prosecuted of an offence of abetment of sati or the abetment of an attempt to commit sati, the burden of proving that he had not committed the offence shall be on him. A person who is convicted of an offence of abetment of sati will also be disqualified from inheriting the property of the person who commits sati; (ix) the Representation of the People Act, 1951 is being amended to provide for disqualification for standing for election to Parliament or to any State Legislature during the period of conviction and for a period of five years since his release, The propagation of commission of sati or its glorification by a candidate at such an election will also be deemed to be a corrupt practice under that Act,

Section 2