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The Dramatic Performances Act, 1876
Context
Prime Minister Narendra Modi questioned why a colonial-era law allowing the arrest of people for dancing in public places had remained for 75 years after Independence. He was referring to the Dramatic Performances Act, 1876, which was repealed in 2018.
What Was the Dramatic Performances Act, 1876?
- The Act was enacted by the British government to suppress nationalist sentiments after the visit of Prince of Wales Albert Edward (1875-76).
- It allowed authorities to ban public plays, pantomimes, and dramas that were:
- Scandalous or defamatory
- Seditious (likely to create disaffection against the government)
- Obscene or corrupting public morality
- Punishment: Up to 3 months imprisonment, fine, or both.
- Search and Seizure: Any Magistrate could issue a warrant to search, seize, and prohibit performances.
What Happened to the Law After Independence?
- Article 372 of the Constitution allowed British-era laws to remain in force unless repealed.
- Legally Invalid Since 1956: The Allahabad High Court (May 10, 1956) struck it down in State vs. Baboo Lal & Others, ruling it violated Article 19(1)(a) (freedom of speech & expression).
- Regional Adaptations:
- Some states like Madhya Pradesh, Karnataka, Tamil Nadu, and Delhi enacted their own versions of the law.
- The Madras High Court struck down the Tamil Nadu version in 2013.
- Formally Repealed in 2018: The Parliament repealed it through the Repealing and Amending (Second) Act, 2017, as part of the Modi government’s drive to remove obsolete colonial laws.
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