Why in the News?

PM Modi recently questioned why the colonial-era Dramatic Performances Act, 1876, which allowed authorities to ban plays deemed seditious, defamatory, or obscene, remained in force 75 years after independence.

What is the Dramatic Performances Act, 1876?

• The Dramatic Performances Act, 1876, was a colonial-era law enacted by the British to suppress nationalist and anti-government sentiments in public performances.
• The Act empowered the government to ban, regulate, or censor public plays, pantomimes, and dramas that were deemed:
  • Scandalous or defamatory
  • Seditious or inciting disaffection against the government
  • Obscene or corrupting to public morality
• It also allowed magistrates to search, seize, and arrest performers and organizers without a warrant.
• The law prescribed up to three months of imprisonment and/or a fine for violations.

References to Article 19 and Article 372

• Conflict with Article 19(1)(a) – Right to Free Speech:

• • After independence, freedom of speech and expression was guaranteed under Article 19(1)(a).
  • The Allahabad High Court (1956) ruled the Act unconstitutional, stating it restricted free speech beyond reasonable limits.

• Exceptions Under Article 19(2):

• • Article 19(2) allows reasonable restrictions on free speech for: Security of the state, public order, morality, and defamation.
  • The court ruled that the Dramatic Performances Act exceeded these limits.

• Article 372 and Colonial Laws:

• • Article 372(1) of the Constitution states that laws in force before independence shall continue to be in effect unless repealed or modified by the Parliament.
  • Though invalidated in 1956, the law was formally repealed in 2018 under the Repealing and Amending (Second) Act, 2017.

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