GS2 POLITY:
- Introduction
The Dramatic Performances Act of 1876 was a colonial-era law used by the British government to censor theatrical performances deemed seditious or scandalous. The Modi government repealed it as part of broader efforts to modernize India’s legal framework by removing outdated colonial laws.
- Background & Purpose
- Enacted in 1876 to suppress nationalist sentiments and prevent public criticism of British rule.
- Allowed authorities to ban performances that could incite disaffection toward the government.
- Served as a tool for curbing artistic expression and free speech.
- Key Provisions
- Empowered magistrates to prohibit plays deemed scandalous, seditious, or corrupting.
- Violators faced up to three months of imprisonment and fines.
- Aimed at controlling cultural expression and preventing political dissent.
- Legal Challenges & Court Rulings
- After independence, the Allahabad High Court (1956) ruled the Act unconstitutional, citing violations of freedom of speech (Article 19).
- The Madras High Court (2013) struck down the Tamil Nadu Dramatic Performances Act, reinforcing the need for repeal.
- Repeal & Government Initiatives
- Though unconstitutional, the Act remained in books until its formal repeal in 2018.
- The Modi government has repealed over 2,000 obsolete laws since 2014.
- The Act was formally repealed under the Repealing and Amending (Second) Act, 2017.
- Colonial Laws & Contemporary India
- Article 372 of the Constitution allows colonial laws to continue unless repealed.
- Some colonial-era laws, like sedition laws, remain in force under different provisions.
- Calls for comprehensive legal reform continue to ensure that outdated laws do not restrict freedoms.