

To consider repeal of Dramatic Performances Act, Act 19 of 1876 which is suggested by Law Commission of India.


To consider repeal of Dramatic Performances Act, Act 19 of 1876 which is suggested by Law Commission of India.
The Issue
As our honourable Prime Minister is in favour of getting outdated laws scraped, by signing this petition we give support to Law Commission's suggestion on this Act which is at present a criminal offence. The example of Delhi and West Bengal can be cited to stress that there is no further need of Dramatic Performances Act, Act 19 of 1876.
As described by Law Commission "The Act empowers the State Government to prohibit performances that are scandalous, defamatory or likely to excite feelings of disaffection. Disobeying such prohibitions attracts penalties. It was enacted during the colonial era and extensively used to curb nationalist sentiments propagated through dramatic performances. It has no place in a modern democratic society. States like Delhi and West Bengal have repealed it. In 2013, the Madras High Court in N. V. Sankaran alias Gnani v. The State Of Tamil Nadu [2013 (1) CTC 686] held that Sections 2(1), 3, 4, 6 and 7 of the Tamil Nadu Dramatic Performance Act, 1954 and Rule 4 of the Tamil Nadu Dramatic Performances Rules, 1955 violate Articles 14 (Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 19 (Rights regarding freedom of speech and expression) of the Constitution. These provisions are substantially similar to the central legislation, which should be considered for repeal on these grounds."
The Issue
As our honourable Prime Minister is in favour of getting outdated laws scraped, by signing this petition we give support to Law Commission's suggestion on this Act which is at present a criminal offence. The example of Delhi and West Bengal can be cited to stress that there is no further need of Dramatic Performances Act, Act 19 of 1876.
As described by Law Commission "The Act empowers the State Government to prohibit performances that are scandalous, defamatory or likely to excite feelings of disaffection. Disobeying such prohibitions attracts penalties. It was enacted during the colonial era and extensively used to curb nationalist sentiments propagated through dramatic performances. It has no place in a modern democratic society. States like Delhi and West Bengal have repealed it. In 2013, the Madras High Court in N. V. Sankaran alias Gnani v. The State Of Tamil Nadu [2013 (1) CTC 686] held that Sections 2(1), 3, 4, 6 and 7 of the Tamil Nadu Dramatic Performance Act, 1954 and Rule 4 of the Tamil Nadu Dramatic Performances Rules, 1955 violate Articles 14 (Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 19 (Rights regarding freedom of speech and expression) of the Constitution. These provisions are substantially similar to the central legislation, which should be considered for repeal on these grounds."
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Petition created on 6 October 2014