Origin from 1829
Regulation XVII of 1829, promulgated by the government of the Bengal Presidency under Governor-General Lord William Bentinck, declared the burning or burying alive of Hindu widows culpable homicide, and it was extended to the Madras and Bombay presidencies shortly afterwards. It was campaigned for by Indian reformers, Rammohan Roy foremost among them, and by British evangelicals, and it was opposed by Hindu orthodox petitioners who took the question to the Privy Council. What the Regulation means is read three incompatible ways by three bodies of scholarship, and the atlas records the disagreement rather than choosing.
Facts
Disputed
Point in DisputeWhat the prohibition of 1829 was: an emancipation, a colonial overreach, or an argument between men in which the women concerned had no voice. 2 Three bodies of scholarship read the same documents incompatibly. The reformist reading treats it as a milestone of emancipation. A Hindu nationalist reading treats it as the magnification of a localised practice into a warrant for governing the tradition. The feminist and postcolonial reading, of which Lata Mani is the standard statement, observes that the whole colonial debate was conducted over scriptural authority and the role of the state, with the women appearing chiefly as the ground of the argument. These are genuine camps with published positions, and the atlas does not choose between them. History
Historical NoteIndian reformers led the campaign against the practice as well as British evangelicals. Rammohan Roy argued against it for a decade, largely on the ground that the scriptures did not require it, and Hindu orthodox petitioners appealed the Regulation to the Privy Council, which dismissed the appeal in 1832. 2 Origins
Language of CompositionEnglish, the language of Bengal Presidency government regulation, Regulation XVII of 1829. 1 Origin Period Law and Effect
Legal DefinitionRegulation XVII of 1829, promulgated 4 December 1829, declared the burning or burying alive of Hindu widows culpable homicide, and was extended to the Madras and Bombay presidencies shortly afterwards. 1 Learn More
Regulation XVII of 1829
Regulation XVII of 1829 was promulgated on 4 December 1829 by the government of the Bengal Presidency under Lord William Bentinck. It declared the burning or burying alive of Hindu widows culpable homicide, punishable in the criminal courts, and it applied to those who abetted the act as well as to those who performed it. It was extended to the Madras and Bombay presidencies shortly afterwards.
The campaign behind it was not a single-sided colonial imposition. Rammohan Roy, the Bengali reformer, had argued against sati in print for a decade in Bengali, Persian and English, and had done so largely on scriptural grounds, contending that the texts did not require it. British evangelical opinion pushed from the other direction. Hindu orthodox petitioners opposed the Regulation and carried an appeal to the Privy Council in London, which was dismissed in 1832.
What is striking about the argument, and what has occupied historians since, is the ground it was fought on. Almost the whole debate turned on whether scripture enjoined the practice. Colonial officials, reformers and orthodox petitioners alike argued from texts, and the state positioned itself as the arbiter of what Hindu tradition properly required. The condition of the women concerned, and what they wanted, is very nearly absent from the record on every side.
Three Readings of the Same Reform
Three bodies of scholarship read this Regulation in incompatible ways, and each of them is arguing in good faith from the same documents.
The reformist reading, which was the standard one for well over a century, treats 1829 as a milestone of emancipation: a cruel practice abolished, and Indian and British reformers rightly credited with abolishing it. It has the advantage of taking the deaths seriously as deaths.
A Hindu nationalist reading treats the affair as a case of colonial overreach, in which an aberrant and localised practice was magnified into a defining feature of Hinduism in order to establish that the tradition needed governing. This reading is right that the practice was not enjoined by any general scriptural requirement, and its critics answer that minimising the incidence has become a way of avoiding the question of the deaths.
A feminist and postcolonial reading, of which Lata Mani is the standard statement, points out what both of the others share. The colonial debate was conducted over the authority of scripture, the definition of tradition and the proper role of the state, and the women who burned appear in it mainly as the ground on which men argued. Gayatri Chakravorty Spivak framed the same point as white men saving brown women from brown men, with the women themselves given no position from which to be heard.
The atlas does not adjudicate between these. What it can say is that they disagree about what the reform was, not about whether it happened.
Connections
Associated With
The colonial regulation declaring the burning or burying of Hindu widows culpable homicide.
Source Bengal Sati Regulation, 1829 (Regulation XVII of 1829)Government of the Bengal Presidency, under Governor-General Lord William Bentinck
Belongs to Tradition
Related To
The returns of 1815 to 1828 were the evidence on which the case for prohibition was argued.
Source Contentious Traditions: The Debate on Sati in Colonial IndiaLata Mani
The Act of 1987 is the modern successor to the Regulation of 1829, and was passed within months of the Deorala death.
Source The Commission of Sati (Prevention) Act, 1987Parliament of India
In the Other Atlases
Used In
Also in Language Atlas: which uses this subject.
Also in Language Atlas: which uses this subject.
Sources
1. Bengal Sati Regulation, 1829 (Regulation XVII of 1829)
Government of the Bengal Presidency, under Governor-General Lord William Bentinck, 1829
2. Contentious Traditions: The Debate on Sati in Colonial India
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.
View At A Past Year
Choose a year to see this entry's facts and connections as the atlas records them at that moment: what it held then, what it held instead, and what it had not yet adopted. Choose Present for the current record.