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1987 Supreme(Raj) 802

RAJASTHAN HIGH COURT AT JAIPUR BENCH
S.C Agrawal, P.C Jain, JJ.
Renuka - Appellant
Versus
State of Rajasthan - Respondent
D.B. Civil Writ Petition No. 2278 of 1987.
Decided On : 15-09-1987

The central legal point established is the obligation of the State Government to prevent the glorification of the act of 'Sati' and uphold the majesty of the law.

Headnote:

Sati - Public Interest Litigation - The court directed the State Government to take necessary steps to ensure that no public function and ceremony is held at the place where 'Sati' has been committed, which may have the effect of glorification of the institution of 'Sati'.

Fact of the Case:

The case arose from an incident of Sati in a village, and the petitioners sought intervention to prevent the glorification of the act.

Finding of the Court:

The court found that the State Government strongly condemned the act of 'Sati' and assured that necessary actions would be taken to uphold the majesty of the law.

Issues: The issue was whether the State Government should take steps to prevent the glorification of the act of 'Sati' that took place in the village.

Ratio Decidendi: The court's decision was influenced by the State Government's condemnation of the act of 'Sati' and its assurance to take necessary actions to uphold the law.

Final Decision: The writ petition was disposed of with the direction for the State Government to take necessary steps to prevent the glorification of the institution of 'Sati'.

JUDGMENT

1. 1. It is a public interest litigation arising out of a letter addressed to the Hon'ble Chief Justice by, certain, applicants, representing certain women, organisations It relates, to an incident which, took place on 4th September, 1987 in village, Deorala in Distract Sikar, in which one Smt. Roop Kanwar committed Sati with the dead body of her husband. In this writ petitioner, it has been stated that that said incident of Sati was in clear contravention of the law and further that on 16th September, 1987, certain public ceremonies in relation to the deceased lady are being performed and that the State Government is completely inactive in that regard.

2. We have heard Miss Sunita Satyarthi, Advocate, and who is also one of the signatories to this petition, in support of the petition. The learned Advocate General was present in the Court and he has informed us that a criminal case Has been registered in relation to this incident and certain arrests have been made. He also informed us that a Magisterial inquiry has also been initiated by the State Government. The learned Advocate General also made a statement explaining the policy of the State Government in the following terms:

"The State Government, strongly condemns the act of 'Sati' on 4-9-1987. The State Government will see to it that all those who abetted the said act of 'Sati' in any way will be punished. The Government will not be a party to the glorification of this act. It further assures the Hon'ble court that no unlawful act tolerated and every possible action will be taken to see that majesty of law is upheld.

3. While we feel satisfied with the stand taken by the learned Advocate General and the State in strongly condemning the act of 'Sati which took place place on 4-9-1987 and their assurance that no tolerated and every possible action will be taken to see that the majesty of Law is upheld, we feel it necessary to give directions that the State Government and its officers shall take necessary Steps and adequate measures to ensure that no public function and Ceremony is held at the place where 'Sati' has been committed which may have the effect of glorification of the institution of 'Sati'

4. The writ petition is disposed of in terms of this order.Petition disposed of.

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