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Context

Recently Prime Minister Narendra Modi questioned need for old colonial laws like Dramatic Performances Act of 1876 which let British arrest people for plays they found scandalous or against their rule & highlighted his government efforts to remove such outdated laws stressing importance of legal reforms even after 75 years of independence. 

Dramatic Performances Act, 1876

British introduced Dramatic Performances Act 1876 to suppress nationalist movements & public dissent especially after Prince of Wales visit (1875–76). It was part of broader crackdown on free expression alongside Vernacular Press Act (1878) & Sedition Law (1870).

Key Provisions of the Act:

Ban on Performances: Act let British ban plays, dramas or pantomimes they deemed scandalous, seditious or obscene without solid proof.

Government Discretion: Authorities could prohibit performances based on their judgment even without clear evidence of harm.

Search and Seizure Powers: Magistrates could search & seize materials related to performances they found inappropriate.

Punishments: Offenders faced up to three months in jail, fine or both to discourage anti colonial expressions.

Status After Independence:

Dramatic Performances Act became irrelevant after independence but was formally repealed in 2018.

Modi government has repealed over 2,000 outdated laws since 2014 to remove colonial era remnants and improve ease of doing business.

Though unconstitutional since 1956 Act was officially removed by the Repealing and Amending (Second) Act, 2017.

Judicial Rulings:

Allahabad High Court (1956): In State vs. Baboo Lal court ruled Act unconstitutional for violating free speech under Article 19(1)(a).

Madras High Court (2013): Struck down Tamil Nadu Dramatic Performances Act, 1954 reinforcing need to repeal such colonial era laws.

State-Level Implementation and Repeal:

States like Madhya Pradesh, Karnataka, Delhi & Tamil Nadu enacted similar laws to regulate performances.

Many states & Union Territories including Delhi later repealed them as part of legal reforms.

Court’s Examination of the Act (Background of the 1953 Case):

In 1953 Lucknow branch of Indian People Theatre Association (IPTA) planned to stage play based on Munshi Premchand short story Idgah initially approved but later revoked without reason by Lucknow magistrate .

Despite revocation artists went ahead with performance & authorities intervened during play leading to legal action.

Allahabad High Court’s Approach in 1956:

The court examined Act constitutional validity rather than specifics of the case.

It ruled Act unconstitutional citing past precedents & its violation of free speech under Article 19(1)(a).

The judgment also stated that Act did not meet reasonable restrictions criteria under Article 19(2) which allows only justified limits on free speech related to public order, decency or morality.

Reasons for Continuation of Colonial Laws:

Article 372 allowed colonial-era laws including the Dramatic Performances Act to remain in force until repealed or amended.

Unlike post independence laws colonial laws were not automatically constitutional government had to prove their validity when challenged whereas Indian laws are presumed constitutional unless contested.

New Criminal Laws

Bharatiya Nyaya Sanhita, 2023 (Indian Penal Code, 1860 Replacement)

Stricter Punishments: BNS introduces more stringent penalties for certain crimes especially in cases of terrorism, sexual offenses & corruption.

Modernization of Laws: Updates have been made to existing sections including redefining offenses related to sexual violence, child abuse & cybercrimes.

Victim Centric Approach: Emphasis has been placed on the protection of victims particularly women & children.

Incorporation of Technology: Special provisions for cybercrimes & online offenses reflecting growth of digital platforms as well as their associated threats.

Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 1872 Replacement)

Digital Evidence: Provisions are included for handling digital & electronic evidence making it easier to deal with cybercrimes & online offenses.

Forensic Evidence: Expands use of forensic evidence in criminal trials making them scientifically driven.

Admissibility of Evidence: Provides clearer guidelines on admissibility of evidence focusing on systematic approach to handling criminal trials.

Bharatiya Nagarik Suraksha Sanhita, 2023 (Code of Criminal Procedure, 1882 Replacement)

Faster Trials: Provisions to expedite criminal trials & reduce backlog of cases & aincorporates new mechanisms for speedy justice.

Witness Protection: Focus on protection of witnesses to ensure that they feel safe coming forward to testify in cases such as terrorism or organized crime.

Victim Rights: Provisions that ensure protection & rights of victims during criminal investigations & trials making justice system more victim friendly.

Technological Integration: Integration of digital tools for faster processing of cases, online filing of cases as well as virtual hearings to reduce burden on the courts.

Impact of New Laws:

Strengthening the System: New laws address colonial era shortcomings adapting to India growing population as well as technological progress.

Rights Protection: Focus on safeguarding victims & witnesses rights in cases of sexual violence, trafficking & terrorism.

Ease of Enforcement: Digital tools as well as updated procedures aid law enforcement especially in cybercrime & transnational cases.

Efficient Legal System: Reforms speed up trials, reduce case backlogs & enforce stricter penalties for better legal system.

Comparison of Colonial and New Laws

Sources:

INDIAN EXPRESS