Dramatic Performances Act 1876, Provisions and Punishment

Context: Recently, Prime Minister Narendra Modi highlighted the importance of repealing obsolete colonial laws, mentioning the Dramatic Performances Act, which was officially abolished in 2018.

Provisions of the Dramatic Performances Act, 1876

• The Dramatic Performances Act law gave the British government powers to prohibit public dramatic performances that were: Scandalous, Defamatory, Seditious & Obscene.
• It allowed authorities to ban any play, pantomime or drama that was deemed to:
  • Excite disaffection against the government.
  • Deprave and corrupt the audience.
• Any Magistrate had the power to:
  • Issue search and seizure warrants for places suspected of violating the Act.
  • Arrest individuals performing prohibited acts.
• Punishment: The Act prescribed a jail term of up to three months, a fine, or both.

Why Was This Law Enacted?

• The British enacted this law after the visit of the Prince of Wales, Albert Edward, to India (1875-76).
• It was part of a series of colonial laws aimed at suppressing nationalist activities.

Repeal of the Dramatic Performances Act, 1876

• The present government has launched a flagship initiative to repeal obsolete laws to improve the Ease of Doing Business Index.
• Since 2014, over 2,000 obsolete laws have been removed.
• Though declared invalid by courts earlier, this act was formally repealed by Parliament under the Repealing and Amending (Second) Act, 2017.

Why Do Colonial Laws Continue to Exist in India?

• Article 372 of the Constitution states that laws in force at the time of Independence would continue unless repealed or modified.
• However, colonial-era laws do not enjoy the presumption of constitutionality.
  • When challenged, the government must justify their validity.
  • In contrast, laws enacted by independent India are assumed to be constitutional unless proven otherwise.

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