NATIONAL LAW INSTITUTE UNIVERSITY,

BHOPAL

PROJECT

HISTORY II

VERNACULAR PRESS ACT

Guided by: - Submitted by:-

Prof. U. P Singh Avinash prajapati

2017BALLB48
Acknowledgement

This Project couldn’t have been successfully completed without the support and guidance of
our history professor Dr. uday pratap singh. I am thankful to him for giving me the
opportunity to work on topic of “vernacular press act”. It has indeed increased my interest in
the subject manifold and has honed my skills of research generally and specifically relating to
the subject and the approach to its study. I would like to express my immense gratitude to
him for his constant support and motivation that has encouraged us to come up with this
project. We are also thankful for our librarian for the support rendered during the course of
the research.

Lastly, we would like to thank our classmates for their whole hearted support at all times
during the course of the Project.

Avinash Prajapati
 TABLE OF CONTENTS
Introduction ................................................................................................................................ 4

Historical background ................................................................................................................ 5

Provisions of the Act .................................................................................................................. 7

Analysis...................................................................................................................................... 8

Justifications for the Act ............................................................................................................ 9

Consequences of the Act .......................................................................................................... 11

Conclusion ............................................................................................................................... 12
 INTRODUCTION

In British India, the vernacular press act (1878) was enacted to curtail the freedom of the
Indian press and prevent the expression of criticism toward British policies—notably, the
opposition that had grown with the outset of the Second Anglo-Afghan War (1878–80). The
act was proposed by Lord Lytton, then Viceroy of India, and was unanimously passed by the
Viceroy's Council on 14 March 1878. The act excluded English-language publications as it
was meant to control seditious writing in 'publications in Oriental languages' everywhere in
the country, except for the South. But the British totally discriminated the Indian Press.

Press in the modern world is rightly described as the fourth pillar of a democracy. It is a
coherent and independent force in a country which is indispensable for its growth and
prosperity. Press mainly indulges into the critiques of the policies of the modern state which
helps the administration gain insights into its own activities and at the same time provides
stage to the voice of the plebeians to be heard. Though there is much leeway in today’s world
regarding the freedom of speech and expression which authorises such a lawful exercise of
the freedom to the press, it was not the case in the colonial times. There have been spurious
cases of censorship and regulations on the press some of which are worth mentioning and are
discussed in the project. The main aim of the project is to critically analyse the primary
source- The Vernacular Press Act of 1878. The project is attempt to scrutinise the historical
background in which the Act came into force and for the purpose has delved into the history
of press in India since its inception. The inferences made in this section are further then used
to assess the purposes and provisions of the Act. This project, has tried to evaluate what role
has the Act played in the shaping the history of India and how it is a part of the process which
was initiated long before this act was conceptualised and continued long after the Act was
repealed.
 HISTORICAL BACKGROUND.

The first printing press was established in India by the Christians who came to propagate
Christianity but it was looked upon with suspicion because it was believed to be instrument
for furthering their “unscrupulous” intentions.1 But the modern press, as we know it today,
was introduced under the rule of the East India Company when it was highly probable that
some of the people, which are allegedly termed to be the ex-employees of the company,
would set up printing press to uncover the misdeeds of the company. Although the British
were primarily responsible for introducing press in India, the relationship between the Raj
and the Indian press was very hostile since the start2. Though the printing press were
established in the latter half of the 16th century the papers were not published until two
centuries later. This vacuum created by the absence of newspapers was overcome when
James Augustus Hicky published the first India english newspaper called the Bengal gazette.
At that time too there was a constant swing from liberty to control and back because the
governor general believed that the paper was publishing libellous articles.

Many papers have been published regularly since then but there have been consequent
restrictive legislations which represent the administration’s frantic attempts at curbing the
spread of public discontent through these papers. Some of these regulations included the
disclosure of the names of the printer, editor and the proprietor of every paper and the
submission of all the pre-published material for the Secretary’s prior scrutiny. This swing
from a liberal attitude towards that of regulation and back continued with the change in
governor generals due to their individual personal beliefs. There was a brief time around
1818 when censorship was abolished by Lord Hastings and some of the general rules
regarding printing and sedition were promulgated. But this period was transient and
concluded in 1823 when John Adam came into power and passed an act which prohibited the
printing of papers without licence and imposed a penalty for any violation. These
uncertainties relating to the press contingent upon the beliefs of the governor general came to
an end when the Press Act of 1835 was unanimously passed by the council as a result of the
efforts of Lord Metcalfe.3 From this year to 1875 the Indian press kept dealing with Indian
aspiration and it was waking up the country. This period saw the rise of the press of all
sections and so Metcalfe was called the “liberator of the Press.” The Indian press also

1
P.K. Mathur, Freedom of press in a democratic society the case of India, ALIGARH MUSLIM UNIVERSITY
(2014).
2
Julie F. Codell, The Nineteenth-Century News from India, VICTORIAN PERIODICALS REVIEW (2004).
3
supra note 1.
boomed because the social and religious causes were already taken up by many of the social
reformers and there was discontentment among the masses that had to be mobilised.

But these papers were primarily published in English and in consequence had only a small
reach because most of the Indian subjects were not acquainted with the language of their
administrators at this time. Thus, a need for the papers published in vernacular languages was
felt so as to create a politically and socially aware set of Indian population. The first
vernacular periodical was Digdarshan which started in 1818 by a set of three Serampur
missionaries. But the first Indian person to start a vernacular paper was Raja Ram Mohan
Roy. He started the publication of the paper in Bengali and his work mainly focused on the
criticism of traditional customs and practices which according to him were holding back the
Indian society. His journals endeavoured to educate Indian public opinion on the need for
social reform. The awakening generated by his periodicals spread to all parts of the country
and many new newspapers in the vernacular languages started publishing. These papers
strengthened the national consciousness and helped the Indians to form their identity as a
collective mass population that are currently subjects under the British administration. This
awakening lead to the formastion of various Indian associations which catered to various
sections of the Indian society. These societies also felt the need to make rift their ideologies
and they chose the vernacular papers as harbingers. Many papers by the name of Amrit Bazar
Patrika, the Indian mirror, Hindu patriot, etc were published in different vernacular languages
in different parts of the country.

Since the start of the publication of these newspapers there was a nascent divide that could be
seen between then vernacular press and the British press that consolidated itself after the
Mutiny of 1857. The mutiny fuelled the growing suspicion of the British of the vernacular
press and this led to an increasing regulations and censorship. But still, the press became
influential and continued to engage in political commentary. 4 After the revolt, this distinction
became stark and was brought to the notice of the British officials because the Anglo-Indian
press cried blood to blood whereas the Indian journalists were sympathetic towards the
rebels. The Indian press in this way wound up nationalistic and advanced specifically to the
majority since it talked their own dialect. With the advance of national awareness, the press
run by the Indians picked up impact, and as a result restriction were imposed on them. The
“Gagging Act” of 1857 was directed specifically at the newspapers that were edited by Indian
natives to regulate them. When this act was withdrawn in 1858, the publishing sector
4
supra note 2.
resumed its growth and by 1870 there were about 400 papers that were published in
vernacular languages. Thus, in 1878 Lord Lytton took upon himself to regulate the growth of
the vernacular press so as to restrict the spread of ideas of discontentment towards the
administration and the vernacular press act of 1878 was passed.

PROVISIONS OF THE ACT

The provisions of the act, as succinctly provided, are5-

1. The act applies to every periodical literature and newspaper which is wholly or
partially printed in any of the vernacular languages.
2. The magistrate was empowered to direct the printer of any vernacular paper to enter
into bonds with the administration agreeing that the paper will not contain anything
which would excite feelings of disaffection towards the government or which may
instigate feelings of antipathy between persons of different races, castes, religions or
sects.
3. If any newspaper is then found to publish articles of the description mentioned in the
above provision, the local government may warn a newspaper on the first violation
but may confiscate the money or securities deposited and seize the plant if the offence
is repeated.
4. The choice us left to the publisher whether he wants to make a deposit or wants to
undertake to submit proofs to the government officer and to publish nothing which the
officer objects to.
5. The proceedings under the act cannot be called into question by any court of civil or
criminal jurisdiction.

5
Vernacular press Act 1878, India
https://www.britannica.com/topic/Vernacular-Press-Act .
 ANALYSIS
 It can be inferred from the provisions of the Act that the primary objective of
promulgating such an Act was to gain productive control over the periodical journals
and newspapers published in the oriental languages to the extent where these papers
are under the effective control of the government more than the previous legislations
could ever achieve. This makes it clear that the security of the state was of supreme
importance and the administration could not let the vernacular literature rupture the
thread of the most refined principles of the British raj for its maintenance.
 The Indian press was a function of the British in two senses- a result of the laws and
rules governing these press houses and as a reaction of the masses towards the
policies of the British which helped them govern, as they call it, “efficiently”. 6 The
British while censoring and restricting these newspapers from publishing completely
ignored the second role played by the press and hence lost further control over the
Indian masses due to the absence of knowledge of the their reactions towards the
British administration.
 The Indian press can be clearly divided into English medium and vernacular medium.
Both of these set of periodicals used to express radical views about the policies of the
British administration and furthered nationalistic interests but the Act only aims to
regulate the vernacular media. This defeats the main purpose of the Act as the
educated masses in India would still have access to the nationalistic views through the
English paper and there is sufficient evidence to show that it is the educated
intelligentsia which is responsible for mobilising masses into rebellions and
movements. But on the contrary the justification given for the exclusion of the
English medium periodicals is that they are only read by the educated class from
whom the British falsely assumed no political or social threat for their secured
continuance.
 We can safely assume from the enactment that such an attempt to regulate only the
vernacular periodicals to the exclusion of the English medium papers constituted a
point of creating a kind of bigotry towards the cultural languages of the people. This
Act was a covert attempt at interfering with the cultural notions of the Indians as the
British had taken a clear stance that they would not interfere with the Indian culture
and thus these malevolent intentions could not be achieve blatantly.

6
supra note 2.
 JUSTIFICATIONS FOR THE ACT
The viceroy had expressed the urgency for the requirement of such a special legislation by
asserting that an increasing number of vernacular periodicals only existed for spreading
seditious principles primarily regarding the tyranny and the arbitrariness of the British
administration.7 He cited the sixty-nine articles from different oriental newspapers which
were used as cases in point while drafting the Act as publishing allegedly “seditious articles”.
But this cannot be taken as a true justification for the Act as only three such cases in the
preceding five years of Act had come to light of which none of the publishers and writers
were deemed expedient to prosecute. These article were in fact proved to embody the honest
feelings of the people in the province faithfully.

Further, in justification of the Act the viceroy said that the Act was absolutely necessary
because the two people who are primarily responsible for the security of the country namely-
the secretary of the state and the viceroy along with his council, found the Act to be of
extreme importance.8 But the secretary of the state is assisted by a council of men who are
selected for their Indian experience whose advise the secretary is not bound to follow and the
viceroy in the other hand is bound to follow the decisions of the secretary in such a matter.
Thus, effectively the whole power of directing the administrative machinery of India is
placed in the hands of a single official who possess of no real Indian experience.

It was also argued that the criminal provisions under the Indian penal code did not
circumvent these cases of sedition and thus there was an urgent need for a special legislation
focussed in such cases. This is because under the criminal statute punishment cannot be
awarded until there is a clear and obvious intention of the part of the writer to offer resistance
to or to subvert the authority of the British administration. But this plea that the criminal law
would not be effectual is inapplicable because it inflicts a greater harm on the many innocent
in order to nab the few guilty and moreover, it also deprives the government with its most
effective tool by which it could gauge the public sentiments towards its policies and acts.

The only ulterior motive which can be called a valid “excuse” (because it cannot be called a
justification in the logical parlance because no reason can justify such an arbitrary act) for the
unanimous passing of the Vernacular press Act was that the Raj had to take care of its
declining image due to the reckless acts undertaken by it in the recent past for the

7
John Dacosta, Remarks on the vernacular Press law of India, or Act IX of 1878, BRISTOL SELECTED
PAMPHLETS (1878).
8
Id.
glorification of their own country at the expense of the “host” country, India. The article in
the literature were increasing both in their number and boldness while describing the rash acts
of the British officials. The British knew that these papers were read out in bazars publicly
among the “ignorant” toiling masses and very impressionable people9 and thus felt the urgent
need to pass such a legislation in order to defend its impeccable and honourable reputation in
the eyes of the common folk. The vernacular periodicals had wide reader base which was
expanding and it continually contributed towards a politico-socio awareness and the spread of
nationalism in the country.

9
Chakrabarti, The role of some prominent Bengali newspapers from the year 1858 to 1881 and the vernacular
press act, UNIVERSITY OF CALCUTTA (1994).
CONSEQUENCES OF THE ACT

The Act was a huge leap and great step as it sought to regulate rather censor the press which
was has been recognised as an essential institution for the progress and prosperity of any
nation. Though in the present case, the press was manipulated through this Act to work
towards the prosperity of the administrators rather than the administered.

The Raj and the people had different views to offer regarding the consequences of the Act.
While of the viceroy was happy with the results of the Act that there was not a single article
to be seen in the vernacular periodicals which could be called of seditious nature10, the people
in the provinces revolted against it. There was not a single newspaper publishing press in
Bengal that was not revolting against the Act. Many political meetings were also organised
throughout India condemning the Act11. The Indian association in Bengal took the most
active part in this movement. Meetings were held and letters of appreciation regarding the
meetings were received by these associations from different parts of the world. It was these
efforts that made the new “liberal” government under Mr. Gladstone repeal this Act in 1881.

10
supra note 7.
11
supra note 9.
 CONCLUSION

The Vernacular Press Act of 1878 was an “oppressive” Act which sought to censor the press
in India. The act excluded English-language publications as it was meant to control seditious
writing in 'publications in Oriental languages' everywhere in the country, except for the
South. But the British totally discriminated the Indian Press. the press in India here
specifically refers to the oriental press which were printed in the vernacular languages of the
people of the provinces. The Act was a mere facade for the British to interfere with the
cultural aspects of people’s lives by creating an aversion towards their vernacular languages
while rescuing the image of British administration in the eyes of the subjects from troubled
waters. This is made pristine by the fact that the administration was not able to make any
justified arguments in favour of the promulgation of a new special Act despite of the pre-
existing criminal law on the subject. The only aim was to prevent the feelings of nationalism
and antagonism towards the British to spread countrywide. It is only an irony that the viceroy
adjudged the Act to be a success when it ended up achieving the contradictory. Due to the
apathy shown by the British towards the vernacular press, they yet again exemplified their
atrocious acts and instigated the people of the provinces to rise up in rebellion against the
administration and filled the people with a sense of nationalism, which the Act tried to curb
since its inception. By the repealation of the Act after the protest, the people had seen the
power of the collective national unity which inspired them in the coming years to achieve
freedom form the British Raj.
 BIBLIOGHTAPHY

 P.K. Mathur, Freedom of press in a democratic society the case of India, ALIGARH
MUSLIM UNIVERSITY (2014).

 Julie F. Codell, The Nineteenth-Century News from India, VICTORIAN PERIODICALS

REVIEW (2004).

 Vernacular press Act 1878, India https://www.britannica.com/topic/Vernacular-Press-