In News:

Prime Minister Narendra Modi, at the NXT Conclave, highlighted the Dramatic Performances Act, 1876, as an example of outdated colonial legislation that continued in India long after independence. Though declared unconstitutional in 1956, the Act was formally repealed in 2017 as part of the government's initiative to eliminate obsolete laws and improve ease of doing business.

About the Dramatic Performances Act, 1876

Purpose and Background:

• Enacted by the British colonial government to suppress nationalist sentiments expressed through theatre and performance arts.
• Followed the 1875–76 visit of Prince of Wales (Albert Edward) to India, a period that saw increased resistance against colonial rule.
• Part of a broader strategy alongside other repressive laws such as the Vernacular Press Act (1878) and the Sedition Law (1870).

Key Provisions:

• Wide Banning Powers: Authorities could prohibit any play, pantomime, or public performance deemed seditious, defamatory, scandalous, or obscene.
• Search and Seizure: Magistrates had the authority to raid venues, seize performance materials, and cancel licenses.
• Punishment: Violations could lead to up to 3 months' imprisonment, fines, or both.
• Covered theatre groups, performers, and venues hosting dramatic works.

Post-Independence Status:

Continued Operation:

• Article 372 of the Indian Constitution allowed pre-existing colonial laws to remain valid until repealed or declared unconstitutional.
• The Act was adopted in some states like Madhya Pradesh, Karnataka, Delhi, and Tamil Nadu.

Judicial Rejection:

• In 1956, the Allahabad High Court, in State vs. Baboo Lal &Ors., ruled the Act unconstitutional, citing violation of Article 19(1)(a) (Freedom of Speech and Expression).
• The Court found the Act’s procedural provisions ultra vires and beyond the permissible limits under Article 19(2).

Notable Case:

• In 1953, the Indian People’s Theatre Association (IPTA) attempted to stage ‘Idgah’, based on Munshi Premchand's story.
• The performance was abruptly banned mid-show by the local magistrate. The theatre group defied the order, leading to the court case that triggered the judicial review.

Final Repeal:

• Although unused since 1956, the law remained on the statute books until its formal repeal through the Repealing and Amending (Second) Act, 2017.
• This repeal was part of a larger reform initiative launched by the Modi government in 2014, which has repealed over 2,000 obsolete laws to streamline the legal system and boost administrative efficiency.