Some debates around practice of 'Sati' during colonial India

 Introduction: -

Sati, the inhumane practice of widow immolation, which was as a parameter for a devoted and virtuous wife was prohibited by the British in 1829, however it didn't vanish completely and debates supporting and opposing it emerged and most initiated by men. Women, under whose context all these arguments were made was silent. This patriarchal society was arguing around, in the name of women and for the sake of woman but for their own purposes and woman was not voicing her own issues. For example- the evangelicals used to write and spoke about woman for raising funds for their missions and societies. So, here in the essay, I will discuss about some of the debates related to sati during colonial era, situated in and around the region of Bengal.

Debates around Sati: -
The practice of Sati fell under the colonial criminal law and varied government bodies had right to frame policies and laws regarding this. The governor-general and his council, officials of criminal justice system in Bengal like Nizamat Adalat and sardar Nizamat Adalat, East India Company’s court of directors and privy council, magistrates and police officials etc. Before 1829, Sir John Anstruther, chief justice of Calcutta Supreme court outlawed Sati in 1798. The British criminal justice system in Bengal was founded upon the judicial reforms initiated by Warren Hastings after the conferment of Diwani, the revenue collection rights in 1765 to East India Company. Hastings, believed in governing native people with their laws because governing people with an alien legal system was considered iniquitous by him. So, during the Mughal era Islamic laws were practised in criminal cases on both Hindus and Muslims. In civil jurisdiction like matters related to family divorce and marriage etc. native customs and established principles of Hindu law and Muslim law was practised for both the communities. But there was an issue while codifying law, although the law was made intending uniformity and to minimise official dependence on Hindu Pandits and Muslim Qazi to interpret the law, Quran was considered a book for Islamic law but in the case of Hinduism no single book or primary text existed on which Hindu law could be based. Therefore, Brahmin pandits designated at courts, were instrumental in codifying law but there was no, one uniform interpretation available to frame law which was a contention in framing rule for Sati as well.

The Discussion around Sati’s legality started in early century regarding which four official circulars were promulgated before 1829. The first one was issued as a response to M.H. Brooke, Shahbad’s collector, where he wanted instructions on Sati, he had prohibited a widow burning and sought govt.’s approval for his decision, though his action was appreciated but he was asked to use his personal influence in the subject. The second one was of James Rattray, acting magistrate of Midnapore, in 1797, where he notified Governor-General, John Shore, about his successful dissuasion of a widow from immolation. He, also received sanction for his action. The third one was in 1805, where J.R. Elphinstone reported his intervention in a case where an intoxicated twelve-year-old girl was drawn to pyre. He also sought instruction from Governor-General and council but the secretary to the govt. referred to Nizamat Adalat and in turn it referred it to the pundit Ghanshyam Sharma, all this was done to seek inscriptional interpretation, sanction and conjuncture on Sati. It is here when we see the irony in the official interpretations and the reality of society on the other, which will be clarified later. In 1813, a circular was issued which laid framework for official policy on Sati in 1829. The circular mentioned that Sati to be a practice founded in religious texts and ‘Hindu’ beliefs, performed by widow to ensure and afterlife for her and her husband; any widow less than the age of sixteen, intoxicated, pregnant or forced to pyre, was prohibited from immolation and she can change her mind without fearing loss of caste. Magistrates were instructed to inform Nizamat Adalat about each incident of practice taking place including prohibitive measures. So, these kinds of instructions kept coming till the act of 1829. 

              In the years of 1815-1819, the numbers of widow burning raised from 378 to 839 despite the issuance of detailed circulars, many claims were provided by Nizamat Adalat and one of them was of Walter Ewer where he mentioned that how these circulars, authorised the Sati he says that, “government had given a sort of interest and celebrity to the sacrifice.” He demanded that all notices to be rescinded because they modify and legalise the usage” which made legal Sati a better one than illegal. Although officials like C.T. Sealy and A.B. Todd argued in favour of circulars that these circulars merely ensured voluntariness of Sati while others like W. Caracroft asked for more rigorous enforcement of scriptural law codified in the form of circulars. It was also hoped that spread of education, along with the opposition from the high caste against the practice would make it unpopular. Raja Rammohan Roy became a prominent icon of native anti-sati lobby, in 1818, he published his first tract condemned the Sati. The official analysis of Sati by caste revealed the highest number of incidents among Brahmins, 234 followed by Kayasthas and Vaishya and second highest among Shudra, 239. Benoy Bhushan Roy’s analysis available in ‘Parliamentary Papers’ shows that caste and social status were uniform index of widow burning incidents. Around 64% of incidents were recorded between 1815 and 1827 which diminishes the hope of European influence’s result in its declining popularity. Some streps were taken locally by officials to abolish the practice like W.L. Millville in 1823 to propose its abolition in certain districts. In 1824, March, Court of Directors also vocalised for abolition of Sati but hesitated to take further action. When William Benctick, the governor-general at the time of abolition, gathered information regarding the possibilities of unrest from army-personnels which can occur after the imposition of law. So, from above discussion we can see that how much intricate the question was for the British on the subject, where they were willing to abolish the practice but hesitant to take any action fearing social unrest.

                                              After the legislation, Sati was outlawed ‘officially’ and Zamindars and Talukdars were made responsible to report of any incidence to the police, courts were given rights to impose death penalty on active participants etc. Statistics were not collected, but newspapers like Samachar Chandrika (pro Sati lobby), reported such incidents in defiance of govt. orders. Although they were challenged by Sambad Kaumudi and Samachar Darpan, who belonged to anti-sati lobby.

                                              The notions of ‘good’ and ‘bad’ Sati also raised. The ‘good’ were defined as ones which were in compliance to the regulations and thus, magistrates in their annual reports used to mention about the widow burnt “in conformity of Shastra.” The official conception about colonial subjects was held that natives were ignorant to their ‘true religion’. Religion was equated with scriptures for example- Bernard Cohn argued about the pundits and Brahmins that their knowledge was corrupt and self-servicing. However, local influence pre-dominated Sati in every aspect and variations existed among society regarding the practice as observed by officials. The ‘Parliamentary Papers’ contained both accounts of Sati where women resisted and willingly immolated themselves.

                                           The scriptural basis had been dubious and after 1818, Rammohan Roy and others provided scriptural evidences for abolition of Sati which was somehow similar to post-Reformation in Britain where Church and Papacy was called to question; and scriptures was counterposed to the fallibility of papacy.

                                            Letters, pamphlets, petitions, articles in newspapers and journals were sent to editors containing eye-witness accounts of widow burning which were published in English, pro and anti-Sati newspapers although having their own intentions. But one thing to note here is absence of women’s identity who immolated with their husbands, published in obituaries including date, place, time and name of male deceased, having no mention of ‘virtuous’ wives who were burnt, except sometimes addressed with their husband’s last name not their own complete name found at Bengali newspapers, not even published at Baptist missionary press at Serampore.

                                                        Rammohan Roy claims evidences from various scriptures to prove his arguments on Sati, like at one place he quoted Manusmriti- “Manu in plain terms enjoins a widow to continue till death forgiving injuries, performing austere duties, avoiding every sensual pleasure, and cheerfully practising the incomparable rules of virtue which have been followed by such women as were devoted to only one husband.” (Lata Mani, 1998) and Yajnavalkys regarding women’s right to live even after husband’s death. He also quoted Smritis saying “From a desire during life, of future fruition, life not to be destroyed.” This most “pointed and decisive” statement counters, in his view, the claims of advocates of Sati who also argue their case with reference to Vedas, but by drawing on the passage that Rammohan finds abstract and open to multiple interpretations.” (Lata Mani, 1998). The pro-Sati faction also proposed their arguments, both from scriptures and in reality. The petition against its prohibition argues “Under the action of a immemorial usage as well as precepts, Hindu widows perform of their own accord and pleasure, and for the benefit of their husband’s soul and their own, the sacrifice of self-immolation called Sati, which is not merely a sacred duty but a high privilege to her who sincerely believes in the doctrines of their religion; and we humbly submit that any interference with the persuasion of so high and self-annihilating a nature, is an unjust and intolerant dictation in matters of conscience.” (Lata Mani, 1998). However, the petition wasn’t aimed at eulogizing Sati but to point out erroneous interpretation of scriptures by East India Company. They also argued about the antiquity of Hinduism which implies an equal status for voluntary and involuntary Sati. The differences between the opinions of pro and anti-Sati participants of debate were reduced to an opposition between believers and non-believers. Another excerpt from Niraya Sindhu was used to defend Sati as “On the death of her husband, if, by chance, a woman is unable to perform concremation, nevertheless she should preserve the virtue required of widows. Here, the petitioners claim, “the order of meaning has preference over that of reading”: in other words, that ascetic widowhood is a secondary option and one intended for women unable to perform Sati. Thus, they conclude patently stretching their case, “it appears from the Shastra that the first thing which a widow ought to do is to ascend the flaming pile.” (Lata Mani, 1998). It indirectly dumps the second option of ascetism for a widow. Mrityunjay Vidyalankar, the official pundit at Supreme Court, also emphasised upon the ambiguous scriptural position and value of Sati, but in his Vyasthwa he argued that, “in privileging acts which were performed without expectations of reward over goal-oriented ones the scriptures accorded a low status to Sati.” (Lata Mani, 1998).

                                   So, from the above discussion we can see that how the whole debate got diverted to intelligent scriptural interpretations of Sati, they were less concerned about women and marginalised her in the discourse. According to Raja Rammohan Roy, in 19^th century Dyabhaga law eroded women’s ancient rights. He also held it accountable for incidence of Sati in Bengal relative to regions where it prevailed as Mitakshara Law. The opponents also argued that it is the Shastras and fear of God which governs lives of women and prohibit her from improper conduct and men who observed special favours in society.

                                   William Carey, William Ward and Joshua Marshman are some of the key figures in Sati discourse. They belonged to missionary and evangelical societies like Baptist Missionary Society, and reached India to promote Christianity and evangelical work. William Carey came to India and was joined by John Fountain in 1796. William Ward with others was invited by Colonel Ole Bie to found their mission in Serampore which was under Danish control, he was joined by Marshman later. All three of them got engaged with their work and published grammars of indigenous languages, translation of scriptures, monographs and periodicals etc. they also published materials on Sati. However, Carey and Marshman were less consistent compared to Ward, their journals were also highlighted and printed in ‘Periodical Accounts and Circular letters etc. of Baptist Missionary Society. They used to preach people around street corners, temples and markets etc. and sometimes argued for their preachings and principles with Pundits and Brahmins. Missionary activities were illegal in East India Company’s territory till 1813 although limited missionary work continued. William Carey used to maintain a diary having his personal experiences. Not every time Carey had to struggle, to gather crowd to deliver his sermon. For example- when he was established at Serampore, he had a regular group of people who came to listen his word which included members of mission and neighbouring Europeans, potential converts etc. and sometimes people used to approach missionaries personally for information on Gospel and similar response can also be observed at Jessore, Ghoshpara and Lukhpool etc. missionaries adopted two-pronged approach to fulfil their motive; firstly, being critical about indigenous religion and secondly, eulogizing the superiority and greatness of Christ as a saviour. On an occasion Carey mentions a story, “I had occasion to go and to preach to a company of people who were worshipping Saraswati, the patroness of literature. The general opinion of the learned is, that the idols are only images, having no power in them; but that it is well pleasing for God to worship them in honour of the person they represent, who they say, were eminent for virtue or goddess to men. The Brahmin who attended the ceremony told me plainly that, this image was God. When I asked him by what authorities he did this? he answered, that the Shastra commanded it. I enquired, what Shastra, he said The Vyakaran, which I knew to be only a grammar. I was much drawn out in love to their souls, and was enabled to warn them against the devices of their teachers.” (Lata Mani, 1998). On the other hand, there is an incident where the Baptist preaching and holiness was being questioned by a native. “A brahmin from Chandranagar, said to be a businessman, similarly makes the point that lying and cheating maybe sinful but that they were endemic to his profession. Ward writes, “he said he could not sell a rupee’s worth of things without lying; and if he became holy as I talked, how was his business to go forward. I appealed to the people and exposed his wickedness.” (Lata Mani, 1998). Carey also criticised blindfold devotion of youth on Hindu practice, gods, culture, brahmins and scriptures etc. a conditioning which resulted in mindless devotion to practices, caused due to lack of education leading to Sati. However, what kind of education actually has not detailed upon.

                                               Missionary societies also used various ways to fund their missions like, William Carey adopted teaching job at college of Fort William which helped him to fund missionary activities; publishing incidents of Sati in journals like ‘Missionary Register’ which created horror and sympathy towards women, which led to donation for funding activities and these were also published in Britain and other regions as well. Harsha and misleading sketch of upper caste women were also drawn sometimes, in various literatures like in ‘Farewell letters’, Carey in his letter to Miss Maria Hope of Liverpool, who was an activist, did so. Women from societies were invoked to adopt children orphaned due to Sati, so that, they can get good care.

                                          Eyewitness accounts were also produced by Europeans in India, but not to work towards discouragement for widow immolation but to raise funds, “Sati was considered “news,” and publications of its details required no explanation. It was only from mid-1927 onwards that reports were increasingly accompanied by discussions of East India Company policy. The lay press in Britain treated widow burning incidents in a similar fashion. The ‘Asiatic journal’ for example- mostly published accounts in its sections on ‘Asiatic intelligence’. As for Evangelical press Sati was as we have seen newsworthy in a different sense.” (Lata Mani, 1998).

                                          There are accounts which present various concerns of women which led them to Sati like economic, an account in ‘Asiatic Journal’ mentions about it, where a woman ascending to pyre was dissuaded from doing Sati. But she said that there is no meaning to her life and she is unable to sustain her children.

                                         The aura created by Mitakshara law also led women to Sati, like, “A widow said to be under the age permissible for Sati was prevented from Burning. Her prevention was however, not the consequence of concern for her. Rather it was said to have been the outcome of a contest between her in-laws, anxious to promote her destruction in order to control the property that would fall to her and her deceased husband's spiritual mentor, equally anxious to prevent it, since, she was a minor and in all probability the expenditure of a property will principally pass through his [the mentor’s] hands.” (Lata Mani, 1998). Sometimes women were physically coerced to commit Sati and there are numerous examples of it, where women were being tied to pyre or tortured to immolate herself. The ‘Asiatic Journal’, ‘Bengal Haraku’ and ‘Baptist Magazine’ etc. published such accounts.

 So, from all of the above discussion we can see that how intricate was question for women immolation or Sati was for everyone and everyone was talking about it except the women who is the victim of society’s tyrannous practice.

 

References: -

Lata Mani, Contentious Traditions: the debate on Sati in colonial India (California: University of California Press, 1998)