Repeal of the Dramatic Performances Act: A Step Towards Legal Reform

Current Affairs National

Posted by newadmin on 2025-03-04 09:01:13 |

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In recent years, the Government of India has made significant efforts to repeal outdated colonial laws, aiming to modernize the country’s legal framework. Prime Minister Narendra Modi has emphasized the need to eliminate legislation that restricts individual freedoms, citing the Dramatic Performances Act of 1876 as an example. This law, enacted during British rule, gave the colonial government the authority to censor public performances deemed scandalous or seditious, effectively curbing artistic expression and free speech.

The Dramatic Performances Act was introduced in 1876 as a tool to suppress nationalist sentiments, granting authorities the power to ban plays that could incite disaffection towards the government. It allowed any magistrate to prohibit performances considered defamatory or corrupting to public morals. Violators of this law faced penalties, including imprisonment for up to three months and fines. The Act exemplified the colonial administration’s efforts to control cultural expression and suppress dissent.

After India gained independence, the Act was subjected to legal scrutiny. In 1956, the Allahabad High Court ruled it unconstitutional, stating that it violated the fundamental right to freedom of speech and expression. The court held that the law imposed excessive restrictions that could not be justified under the Constitution. Despite this ruling, the Act remained on record until its formal repeal in 2018. Prior to this, many states had already repealed similar laws, including Tamil Nadu, where the Madras High Court struck down the state’s Dramatic Performances Act in 2013.

The Modi government has actively pursued the removal of obsolete laws to streamline governance and enhance the ease of doing business. Since 2014, over 2,000 outdated laws have been repealed, including the Dramatic Performances Act, which was officially removed through the Repealing and Amending (Second) Act, 2017.

Although some colonial-era laws have been abolished, many remain in force under Article 372 of the Constitution, which allows pre-independence legislation to continue unless specifically challenged or repealed. Some of these laws, including the sedition law, have been retained and defended by the government under different provisions. The continued reliance on such colonial statutes raises questions about the need for broader legal reforms to ensure India’s legal system aligns fully with democratic principles and constitutional freedoms.

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