What was Dramatic Performances Act, 1876? ड्रामेटिक परफॉर्मेंसेज अधिनियम

Why in news ? PM Narendra Modi highlighted the outdated Dramatic Performances Act, 1876, as part of his government’s drive to repeal obsolete laws.

• Criticized its colonial intent to suppress public expression and nationalist sentiments.

Provisions of the Act:

• Empowered authorities to ban plays, pantomimes, or dramas in public places deemed:
  • Scandalous or defamatory.
  • Likely to incite disaffection against the government.
  • Corrupting public morals.
• Magistrates could search and seize venues for such performances.
• Prescribed up to three months imprisonment, fine, or both.

Historical Context:

• Enacted alongside repressive laws like:
  • Vernacular Press Act, 1878.
  • Sedition Law, 1870.
• Aimed at suppressing dissent and promoting colonial control.

Post-Independence Status:

• Declared unconstitutional in 1956 by the Allahabad High Court (State vs. Baboo Lal & Ors).
• Repealed formally in 2018 under Modi’s government initiative to remove archaic laws.
• Similar laws at the state level (e.g., Tamil Nadu, Madhya Pradesh) were repealed or struck down by courts (Madras HC in 2013).

Notable Court Case:

• 1953 IPTA Incident:
  • A play based on Munshi Premchand’s Idgah was prohibited mid-performance in Lucknow.
  • Allahabad HC ruled the law imposed unconstitutional restrictions on freedom of speech and expression under Article 19(1)(a).

Colonial Laws in Contemporary India:

• Article 372: Colonial laws continued post-independence unless repealed or struck down.
• Presumption of Constitutionality:
  • Colonial laws require the government to defend their validity in court.
  • Independent India’s laws are presumed constitutional unless proven otherwise.

Examples of Retained Colonial Laws:

• Sedition law: Retained under Bharatiya Nyaya Sanhita.
• Marital rape exception: A colonial-era provision under Supreme Court challenge.
• Successive governments have defended preventive detention laws and those against unlawful associations.