Theatre & Dramatic Performances Act, 1876


In December last year, Parliament passed the Repealing and Amending (Second) Bill, 2017 whereby various obsolete Laws were repealed, one of the significant act which was in law books since 1876 was also repealed which had given headache to the theatre artist for more than century. The Act was implemented by British Government to prohibit public dramatic performances, which are scandalous, defamatory, seditious or obscene. Modern Indian theatre was developed during the colonial era and in order to resist its use as an instrument of protest against colonial rule, the British Government had passed the said Act. In the year 1858-1860, Dinabandhu Mitra wrote a play Nil “Darpan “which brought anti-british subject matter to the general public depicting colonial planters ruthlessly oppressing poor peasants and Rev.James Long who translated the play in English was fined and imprisoned in the year 1861. In 1876, soon after Edward, the Prince of Wales, visited Calcutta, the Great National Theatre presented a blatant persiflage titled Gajadananda O Jubaraj (or Gajadananda and The Crown Prince) which sought to target Jagadananda Mukherjee, a Government Pleader (Advocate) and Member of Bengal Legislative Council who had invited the Prince into his family house[1]. Thereafter, Police had proscribed many play and to tethered various theatre personality and intellect class, Governor-General promulgated an ordinance prohibiting performances “prejudicial to the public interest”. Although prominent citizens and the press protested against the Proposed bill despite this, Government passed the Dramatic Performances Act, 1876 on 16th December 1876, empowering the Government to prohibit plays which are scandalous, defamatory, seditious or obscene. The Police was empowered to enter, arrest, and seize scenery, dresses, etc. It was also provided under the Act that a dramatic performance in specified area had to receive a license and a copy of the piece, if written, shall be furnished to the authorities. Despite the law being draconian, it remain in statute book till date, however, Allahabad High Court in the case of State Vs Baboo Lal & Ors reported at MANU/UP/0188/1956 and later on Punjab High Court in the case of Comrade Chanan Singh, Secretary District Kisan Sabha Vs Union of India reported at MANU/PH/0287/1960 held that held that the whole Dramatic Performances Act 1876 is ultra vires of the Constitution of India, because its procedural part imposes such restrictions on the right of freedom of speech and expression which cannot be covered by the saving Clause in Article 19(2) of the Constitution. Their Lordships have held that by leaving the matter entirely to the subjective determination of the District Magistrate it has denied the essential minimum requirements of natural justice, namely the right to be heard before final condemnation and the right to have the order reviewed and objectively determined by higher tribunal judicial or otherwise. The Government did not file any appeal against the aforesaid Judgments, however, despite being declared ultra vires to the Constitution, the Act was part of statute which anomaly has been rectified by the aforesaid repealing Bill passed by the Parliament.
#theatre #DPA #freedomofSpeech

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