Context:

Prime Minister Narendra Modi's recent remarks on the continued existence of colonial-era laws, including the Dramatic Performances Act, 1876, have sparked discussions on their relevance in contemporary India.

Background and Purpose of the Act

• The Dramatic Performances Act, 1876, was introduced by the British colonial government to control public expression, particularly performances that could potentially encourage anti-colonial sentiments.
• The law allowed the government to ban any play, pantomime, or drama performed in a public place if deemed scandalous, defamatory, or likely to incite disaffection towards the government.
•  It was enacted after the visit of Prince Albert Edward, the Prince of Wales, to India in 1875-76, a time when the British feared growing nationalist movements. The Act was among several others, including the Vernacular Press Act (1878) and the Sedition Law (1870), aimed at curbing free expression.

Key Provisions of the act:

• Under the Dramatic Performances Act, the government had the power to prohibit any performance that was considered "scandalous", "defamatory", or "likely to excite feelings of disaffection" toward the British government.
• The law provided the government with wide discretion, with no requirement for concrete evidence or public consultation. Violators faced imprisonment, fines, or both.
• The Act was part of a larger British strategy to control public discourse and suppress the rise of nationalist fervor in India, curbing the ability of the people to express dissent through cultural and artistic performances.

Legal Challenges and Repeal: 

• Although the Dramatic Performances Act was technically in force after India’s independence, it was not a valid law since 1956 due to a judicial ruling by the Allahabad High Court.
• The court declared the law unconstitutional, citing that it violated the fundamental right to free speech and expression guaranteed by the Indian Constitution.
• Despite this, the law remained formally in the books until the government repealed it in 2018 as part of a broader initiative to remove obsolete and outdated laws.

Why colonial law exist in India till date: 

• The continued existence of colonial-era laws in India can be traced back to Article 372 of the Indian Constitution, which allowed laws in force at the time of Independence to remain operative unless explicitly repealed or amended.
• However, colonial laws like the Dramatic Performances Act did not enjoy the presumption of constitutionality, meaning the government had to justify their validity when challenged in court.
• Over time, many of these laws were either repealed or found to be unconstitutional, reflecting India’s ongoing legal reforms. In contrast, laws passed by independent India’s Parliament are presumed constitutional unless challenged.

Conclusion:

The legacy of colonial-era laws, their gradual repeal, and ongoing legal reforms reflect the challenges India faces in moving away from its colonial past while striving for a more just and progressive legal framework.