Not to be missed : Repealed Law Summary

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• The PM’s remarks were made in the context of his government’s efforts to repeal outdated and archaic laws.
• The law in question was the Dramatic Performances Act, 1876, which was repealed in 2018.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• The Act was repealed by the Parliament of India in January 2018, aligning with the government’s initiative to abolish outdated colonial laws.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

1. 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.”
2. Search and Seizure Powers:
   • Magistrates were empowered to search and seize properties used for banned performances.
3. Punishments:
   • Violation of the law could lead to imprisonment for up to three months, fines, or both.
4. 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   • The law was also adopted in states like Madhya Pradesh, Karnataka, Delhi, and Tamil Nadu but was eventually repealed.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

1. 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.
2. 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?

1. 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.
2. Judicial Challenges:
   • Unlike laws passed by independent India, colonial-era laws required legal challenges to be struck down or repealed.
3. 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

1. Repealing Over 2,000 Obsolete Laws:
   • Since 2014, the government has repealed over 2,000 obsolete laws that were no longer in use.
2. 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.
3. 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.
4. 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.