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The Dramatic Performances Act 1876

  • March 3, 2025
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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The Dramatic Performances Act 1876

Sub: Polity

Sec: Legislation in news

Introduction

  • The Dramatic Performances Act, 1876, was a colonial-era law that empowered the British government to prohibit public performances that were considered scandalous, defamatory, seditious, or obscene.
  • It was enacted as part of the British strategy to suppress nationalist sentiments in India.

Background and Purpose

  • Enacted following the visit of the Prince of Wales, Albert Edward, to India (October 1875 – May 1876).
  • Introduced alongside other restrictive laws like the Vernacular Press Act, 1878, and the sedition law of 1870.
  • Aimed at curbing public performances that could incite anti-colonial sentiments.

Provisions of the Act

  • Allowed the government to ban any play, pantomime, or drama in a public place if deemed:
    • Scandalous or defamatory.
    • Likely to incite disaffection against the government.
    • Morally corrupting for the audience.
  • Gave magistrates the power to search and seize venues hosting such performances.
  • Prescribed a punishment of up to three months of imprisonment, a fine, orboth.

Post-Independence Status

  • Declared unconstitutional by the Allahabad High Court in 1956 in State vs. Baboo Lal and Ors.
  • The court ruled that the Act violated the right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution.
  • The Tamil Nadu Dramatic Performances Act, 1954, was also struck down by the Madras High Court in 2013.
  • The law continued to exist in some states but was not actively enforced.

Repeal of the Law

  • Formally repealed by the Modi government through the Repealing and Amending (Second) Act, 2017 as part of efforts to remove obsolete laws.
  • The government has repealed over 2,000 outdated laws to improve governance and ease of doing business.

Reasons for Continuing Colonial Laws in India

  • Article 372 of the Constitution allows colonial-era laws to remain in operation unless repealed.
  • However, such laws do not enjoy the presumption of constitutionality, meaning the government must justify their validity when challenged in court.
  • Successive governments, including the Modi government, have retained some colonial laws, such as:
    • The Sedition Law (renamed under the Bharatiya Nyaya Sanhita).
    • Preventive detention laws and laws on unlawful associations.
    • The marital rape exception, which is under challenge in the Supreme Court.

Conclusion

  • The Dramatic Performances Act, 1876, was a colonial law used to suppress artistic expression and nationalist movements.
  • Though rendered invalid by the judiciary in 1956, it was formally repealed only in 2017.
  • The removal of obsolete laws remains an ongoing process to ensure that India’s legal framework aligns with constitutional values and modern governance needs.
Polity The Dramatic Performances Act 1876

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