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Questioning Archaic Colonial Law
Context:
Recently, Prime Minister Narendra Modi questioned the continuation of a colonial-era law that permitted the arrest of individuals dancing in public spaces, even 75 years after India’s independence.
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- His remarks were made in the context of his government’s ongoing efforts to repeal obsolete and archaic laws.
- The law in question was the Dramatic Performances Act, 1876, which empowered the British government to prohibit public dramatic performances deemed scandalous, defamatory, seditious, or obscene.
- Enacted during the colonial period, it was one of several laws introduced to suppress nationalist sentiment following the visit of Prince Albert Edward to India from 1875 to 1876.
- Other draconian laws enacted during that period included the Vernacular Press Act, 1878, and the Sedition Law of 1870.
Provisions of the Dramatic Performances Act, 1876
- Under the law, any play, pantomime, or dramatic performance in a public space could be banned if the government deemed it to be scandalous, defamatory, or likely to incite disaffection against the state.
- Authorities were granted sweeping powers, including the right for any magistrate to issue search and seizure warrants for venues suspected of violating the law.
- Individuals found guilty under this Act could face imprisonment of up to three months, a fine, or both.
Status of the Law Post-Independence
- Though the Dramatic Performances Act was formally repealed in 2018 as part of the government’s campaign to eliminate redundant laws, it had ceased to be a valid law much earlier.
- In 1956, the Allahabad High Court declared the Act unconstitutional in the landmark State vs. Baboo Lal and Others case.
- Furthermore, the law had also been enacted at the state level in Madhya Pradesh, Karnataka, Delhi, and Tamil Nadu.
- However, several states, including Delhi, later repealed it.
- In 2013, the Madras High Court struck down the Tamil Nadu Dramatic Performances Act, 1954.
Judicial Intervention and Repeal
- The unconstitutionality of the law was brought to light when, in June 1953, the Lucknow branch of the Indian People’s Theatre Association (IPTA) attempted to stage a play based on Munshi Premchand’s short story Idgah.
- Although the group had initially obtained permission, the local magistrate later revoked it and prohibited the performance.
- The prohibitory order was issued in the middle of the play, but the organisers chose to continue with the performance.
- When the case reached the Allahabad High Court, the court examined the broader constitutional validity of the law instead of just the specifics of the case.
- Referring to previous judgments that had struck down colonial statutes conflicting with fundamental rights, the court ruled that the Dramatic Performances Act imposed restrictions on freedom of speech and expression that were not protected under Article 19(2) of the Constitution.
- Additionally, the ruling noted suspicions that the case might have been an instance of victimisation based on political ideology, further reinforcing the need to strike down such outdated laws.
Colonial Laws in Independent India
- Despite the repeal of several colonial laws, many still remain in force due to Article 372 of the Constitution, which allows laws operational at the time of Independence to continue unless explicitly repealed.
- However, colonial laws do not enjoy a presumption of constitutionality, meaning that when challenged, the government must justify their continued existence.
- Over the years, successive governments have defended several colonial laws.
- Congress-led governments have historically supported preventive detention laws and laws banning unlawful associations.
- The NDA government has retained the sedition law, albeit with modifications under the Bharatiya Nyaya Sanhita, and continues to defend the marital rape exception, a colonial provision currently under challenge before the Supreme Court.
Efforts to Repeal Obsolete Laws
- The repeal of obsolete laws has been a key aspect of the present government’s push to enhance the ‘Ease of Doing Business’ in India.
- Since 2014, over 2,000 redundant laws have been scrapped.
- The Dramatic Performances Act, 1876, though invalidated by the courts decades earlier, was formally repealed by Parliament through the Repealing and Amending (Second) Act, 2017.
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The Source’s Authority and Ownership of the Article is Claimed By THE STUDY IAS BY MANIKANT SINGH
