Context:
Prime Minister Narendra Modi questioned the continued existence of colonial-era laws, referring to the Dramatic Performances Act, 1876
Dramatic Performances Act, 1876:
- Enacted by the British government to suppress nationalist sentiment in India
- Part of a broader crackdown that included the Vernacular Press Act (1878) and the sedition law (1870).
- Key Provisions –
- Ban on Performances – The government could prohibit any play, pantomime, or drama in public if deemed scandalous, defamatory, seditious, or obscene.
- Government’s Discretion – The ban was based on the government’s opinion, without the need for concrete proof.
- Search and Seizure Powers – Magistrates could search and seize venues suspected of hosting prohibited performances.
- Punishment – Violators faced up to 3 months in jail, a fine, or both.
- Status of the Act After Independence –
- In 1956, the Allahabad Hugh Court declared the Act unconstitutional, stating that its procedural restrictions on free speech and expression violated Article 19(1)(a) of the Indian Constitution.
- The Act was formally repealed in 2018 by then government as part of an effort to remove obsolete laws.
Why does India continue to have laws enacted during the colonial period?
- Article 372 of the Constitution states that laws in operation at the time of Independence would continue to be in operation.
- However, colonial laws do not enjoy the presumption of constitutionality – which means that when a colonial law is challenged, the government must defend the law for it to be valid.
- Other laws – those enacted by the Parliament of independent India – are deemed constitutional unless declared otherwise, which means that when challenged in court, the onus is on the petitioner to prove that the legislation violates the Constitution.
- Examples of colonial laws that are still valid in India –
- Preventive detention laws and laws declaring unlawful associations.
- Marital rape exception
Source: IE
Previous Year Question
During the Indian Freedom Struggle, why did Rowlatt Act arouse popular indignation?
[UPSC Civil Service Exam – 2009 Prelims]
(a) It curtailed the freedom of religion
(b) It suppressed the Indian traditional education
(c) It authorized the government to imprison people without trial
(d) It curbed the trade union activities
Answer: (c)