This article has been written by Astha Jain, pursuing a Diploma in Intellectual Property, Media and Entertainment Laws from LawSikho.
Table of Contents
Introduction
The printing and communication system goes way back to the ancient regimes. At that time, no concept of modern printing was present. Moreover, there were not enough transport facilities, communication systems, and education. The Mughal Empire brought a new style of the press with its advent and in the form of a written newspaper, well-organized communication began. For a certain period of time after collecting information from across the country, handwritten newspapers were circulated after collecting the information. The newspaper writers were given freedom and sometimes the writers gave wrong information. During the reign of Akbar, the progress in the press was seen where he organized and started an office to maintain records. This office provided a platform for medieval Indian historians to collect samples of records for history writing.
The revolt of 1857 was the cause due to which the European press always supported the government on political controversies when the vernacular press remained critical of British policies. The widespread protest was led in the vernacular press against the terrible policies by Lytton (then Governor-General of India) and the mishandling by him of the 1876-77 famine incidents. Thus, the Government came up with the Vernacular Press Act, 1878 in order to control seditious writing and strong public opinion which was spreading disaffection towards the then Government. Section 124A was already in existence to tackle any form of sedition but the introduction of critical acts like the Vernacular Press Act led to a further restriction on freedom of press and freedom of speech in British India.
Modern press in India
A timeline of the development of the modern press in India is as follows:
- 1780 – The Indian Gazette was started by Mansik.
- 1784 – A weekly Bengal Gazette was started.
- 1785 – Bengal Journal, Oriental Magazine, Madras courier.
- 1789 – Bombay Herald.
- 1790 – Bombay courier.
Indians were influenced by the press during the early 19th century and the publication of newspapers, journals, and magazines in vernacular languages was started by them. It was the beginning of the press in India. Some of the widely circulated newspapers were Bangadarshan, Jananodya, Sudhovani, The Madras Courier, Samachar Darpan, The Bombay Herald, Vichar Lahiri, etc. Propagation of training, people’s opinion, education, and social issues were the main purpose of the press.
Vernacular press after the revolt of 1857
The Indian National Movement was started by prominent Indian leaders after the revolt of 1857 to make the public aware through their writings in the newspapers. Time and again the vernacular press faced several restrictions on its freedom of writing. British Indian Government passed various legislations in order to prevent the vernacular press from spreading political propaganda against them. Various press legislation came into force such as:
This act was passed by Lord Wellesley. The act stated that it is mandatory for the newspapers to print the names of the editors, proprietors, and editors. The matter was to be submitted to the secretary of Censorship before printing it in the newspaper. This act was repealed by Warren Hastings.
2. Licensing Regulation Act, 1823
The publishers and printers had to obtain a license. The rights to issue or revoke the license were restricted to the Governor. This act was repealed by Charles Metcalf.
This act also goes by the name of the Metcalfe Act. Metcalfe wanted the liberation of the press. He got the title of “liberator of the Indian press” after repealing the Rude Act of 1823.
Under this act, restrictions were imposed on the printing of newspapers and press, magazines, and journals. Governor was the authority to issue or revoke a new license.
The act did not put restrictions on the press but regulated the printing of newspapers and books. It was compulsory for the publisher to mention the name of the publisher and printer and the place where it was published.
The act empowered the magistrate to confiscate the belongings of the press if objectionable material was published by them in their journals, magazines, and newspapers.
The local government was empowered to get security at the time of registration from the publisher and printer and deregister if the offender is found.
Full power was given to the provincial governments to suppress propaganda for the Civil Disobedience Movement.
The activities of the Indian National Congress were declared illegal by this act.
Vernacular Press Act
The Vernacular Press Act, 1878 was meant only for native/ vernacular language newspapers and not for English ones and therefore it was also known as the Gagging Act. Lytton termed the newspapers as “mischievous scribblers preaching open sedition.” The Act was highly controversial which aimed at the freedom of the vernacular press. Lord Lytton’s regime is noted for the most controversial press policies which led to the enactment of this act on 14th March 1878. Before the Vernacular Press Act, the Dramatic performances Act, 1876 was enacted to curb the writing and staging of the alleged seditious matters.
Under the act, the magistrates were given the power to ask the publisher of any newspaper that is circulated in vernacular languages to give assurance that nothing will be published against the British Rule. The guarantee for the security was fixed for them. In case of default, the said person would be fined and punished. Many newspapers were fined and their editors confined. The native associations irrespective of creed, caste, and religion denounced the measure and kept their protestations alive. The act was condemned by prominent leaders in India as unjustified and unwarranted and immediate withdrawal of the act was demanded. English press didn’t come under the ambit of this Act. The developments of the act were reviewed by the succeeding administration of Lord Ripon and finally withdrew in 1882.
Provisions of the Act
The provisions of the Act were as follows:
- The district magistrate had the power to call upon the publisher and the printer of any vernacular newspaper to sign an undertaking with the Government undertaking that no disaffection against the government will be caused and also antipathy between persons of different races, caste, religions will be caused through any published material. If this regulation was contravened then the deposit security submitted by the publisher and the printer was forfeited and in the case of re-occurrence of the offense, the press equipment could be seized.
- A vernacular newspaper on submitting proofs to government censors could get exemption from the provisions of the Act.
- No appeal could be made because the actions of the magistrates were final.
- As mentioned earlier, the act was also named the gagging Act. Some of the major drawbacks of this act were-
- No right of appeal, and
- Discrimination between the vernacular and the English press
5. Rather than submitting the proof sheets to the judiciary before the publication of contents of newspapers they were to be submitted with the police.
Indian nationalists and the press
The goal of Indian nationalists was to protect the national sentiments, public interests, and their freedom of opinion from British Rule. One of the main tools to educate the people of India was through the vernacular press. The Indians were not given any political share or their basic rights after the revolt of 1857 and this led to the national awakening of the masses. Thus, in order to propagate the newfound awakening the freedom of the press was essential.
The regulations put a noose on the vernacular press from time to time which proved to be a hurdle for the Indian journalists to propagate and publish the nationalist agitations and ideology, mobilization, training, and strengthening of public outlook. Newspapers in local languages had a great impact on the public in rural areas because they were widely circulated there, on the other hand, the English newspapers had readers from the middle and upper classes as the newspaper was confined to the cities.
Conclusion
The circulation and propagation of national awakening, national movement, and social reforms continued through vernacular journals, magazines, and newspapers, etc. The vernacular press faced confiscations, fines, and censorships but the press worked to awaken the citizens for the struggle for freedom from British Rule over India. Masses were educated through the vernacular press and stood for religious, cultural, social, and economic reforms. The Indian press was not the same as it is today. It served national sentiments then. Thus, the vernacular press worked like a propagator, freedom fighter, as a weapon, and as a national servant in order to liberate India from British exploitation. Various difficulties and hurdles were overcome by the vernacular press but it did not stop it to propagate freedom struggle and political awareness until India got Independence in 1947.
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