Why in News?
- Prime Minister Narendra Modi recently questioned why a colonial-era law that allowed the arrest of people dancing in public places had persisted even 75 years after India’s independence.
- The PM’s remarks were made in the context of his government’s efforts to repeal outdated and archaic laws.
- The law in question was the Dramatic Performances Act, 1876, which was repealed in 2018.
Introduction
- The Dramatic Performances Act, 1876 was a colonial law enacted by the British to control public performances, particularly those critical of the government.
- It granted authorities power to ban plays deemed scandalous, defamatory, seditious, or obscene.
- Enacted during the visit of Prince of Wales, Albert Edward (1875-76), this law was one among several British-imposed restrictions to curb growing Indian nationalist sentiments.
- The Act was repealed by the Parliament of India in January 2018, aligning with the government’s initiative to abolish outdated colonial laws.
Key Provisions of the Dramatic Performances Act, 1876
- Restrictions on Public Performances:
- Any play, pantomime, or other performance in a public place could be banned if deemed scandalous, defamatory, or likely to incite disaffection towards the government.
- Authorities could stop performances that were considered to “deprave and corrupt persons present.”
- Search and Seizure Powers:
- Magistrates were empowered to search and seize properties used for banned performances.
- Punishments:
- Violation of the law could lead to imprisonment for up to three months, fines, or both.
- Implementation in Different States:
- The law was also adopted in states like Madhya Pradesh, Karnataka, Delhi, and Tamil Nadu but was eventually repealed.
- The Madras High Court struck down the Tamil Nadu Dramatic Performances Act, 1954, in 2013.
Judicial Review and Criticism
- Allahabad High Court’s Verdict (1953):
- In 1953, the Indian People’s Theatre Association (IPTA) in Lucknow planned to stage a play based on Munshi Premchand’s short story Idgah (1938).
- The magistrate in Lucknow banned the play, but the group ignored the order and continued the performance.
- The Allahabad High Court struck down the Act, ruling that it violated Article 19(2) of the Indian Constitution, which protects freedom of speech and expression.
- The court emphasized that colonial laws restricting fundamental rights could not be justified under the saving clause of the Constitution.
- Challenges under the Constitution:
- Article 372 of the Indian Constitution allows colonial laws to remain in force unless repealed or amended by a competent authority.
- However, colonial laws do not enjoy the presumption of constitutionality, meaning the government must prove their necessity.
Why Did India Retain Colonial Laws for So Long?
- Continuance of Colonial Laws:
- According to Article 372 of the Constitution, laws in force before India’s independence continued unless explicitly repealed or amended.
- This led to the prolonged existence of many colonial laws.
- Judicial Challenges:
- Unlike laws passed by independent India, colonial-era laws required legal challenges to be struck down or repealed.
- Political and Legal Inertia:
- Successive governments, including the current one, have attempted to defend certain archaic laws.
- Some laws like sedition (Section 124A IPC) and marital rape exception (Section 375 IPC, Exception 2) remain controversial and are still under judicial review.
Government’s Efforts to Repeal Archaic Laws
- Repealing Over 2,000 Obsolete Laws:
- Since 2014, the government has repealed over 2,000 obsolete laws that were no longer in use.
- Repeal of the Dramatic Performances Act:
- The Act was repealed through The Repealing and Amending (Second) Act, 2017, which came into effect in January 2018.
- Abolition of the Sedition Law (Under Review):
- The sedition law (Section 124A IPC), another colonial-era provision, has been suspended by the Supreme Court in 2022, and the government is considering its removal.
- Bharatiya Nyaya Sanhita, 2023:
- The new criminal law replaces many outdated provisions, including those criminalizing speech deemed against the state.
Notes (Explanation of Terms)
- Sedition Law (Section 124A IPC): A colonial law that criminalizes speech or actions that incite hatred or disaffection against the government. It has been challenged in courts for violating free speech.
- Article 19(2) of the Constitution: Provides reasonable restrictions on the freedom of speech and expression in cases of defamation, security concerns, or incitement to an offense.
- Article 372 of the Constitution: Allows laws from the British era to continue unless explicitly repealed or amended.
- Vernacular Press Act, 1878: Another colonial law that restricted Indian-language newspapers critical of British rule.
- Indian People’s Theatre Association (IPTA): A cultural movement that used drama and performances to raise awareness about social and political issues.
Conclusion
- The Dramatic Performances Act, 1876 was one among many colonial laws that limited free expression in India.
- It was formally repealed in 2018, reflecting the government’s broader mission to eliminate outdated laws.
- However, the retention of certain colonial-era laws, like sedition and marital rape exceptions, continues to be a matter of legal and political debate.
- The government’s approach to legal reforms, including the Bharatiya Nyaya Sanhita, 2023, aims to modernize India’s legal framework.
- This case underscores the importance of judicial review in upholding fundamental rights and repealing unconstitutional laws.
