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ACADEMIC SESSION (2021-22)

DHARMASHASTRA NATIONAL LAW UNIVERSITY,
JABALPUR (M.P.) 482001

HISTORY
VERNACULAR PRESS ACT, 1878

Submitted by: Submitted to:

PRATAKSH SHARMA Ms. Asmita Jataria
BALLB/142/21 Professor, History
2nd Semester
Section-B
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ACKNOWLEDGEMENT

I would like to thank the Vice-Chancellor of our university Prof. (Dr.) V. Nagaraj
for his cooperative attitude towards every student of our university and for allowing
me to gain knowledge and do creative assignments, which will enhance my
research skills.

With a deep sense of respect, I wholeheartedly thank Asmita Jataria (Professor,

History) for providing this assignment and giving me all support and guidance,
which made me complete my project. sir provided me with the ideas and material
so this project could be easy for me to do.

I would also like to extend my gratitude to my parents, colleagues, and friends for
their continuous support and the solutions given by them whenever I faced
difficulties in my project.

Prataksh Sharma
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Contents
CHAPTER 1..............................................................................................................................4

RESEARCH PROBLEM.......................................................................................................4

RESEARCH OBJECTIVES...................................................................................................4

RESEARCH QUESTIONS....................................................................................................4

INTRODUCTION..................................................................................................................5

CHAPTER 2..............................................................................................................................6

HISTORICAL BACKGROUND...........................................................................................6

CHAPTER 3..............................................................................................................................8

PROVISIONS OF THE ACT.................................................................................................8

ANALYSIS............................................................................................................................9

JUSTIFICATIONS FOR THE ACT....................................................................................10

CHAPTER 4............................................................................................................................12

CONSEQUENCES OF THE ACT.......................................................................................12

CHAPTER 5............................................................................................................................13

CONCLUSION....................................................................................................................13

BIBLIOGHTAPHY..............................................................................................................14
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CHAPTER 1

RESEARCH PROBLEM

To find out why was Vernacular Press Act 1878 passed and what were the effects of this act
after being passed.

RESEARCH OBJECTIVES

1) To figure out why was the Vernacular Press Act 1878 was passed and was it
successfully in attaining its goal.
2) To figure out the restrictions imposed by implementing the Vernacular Press Act
1877.

RESEARCH QUESTIONS

• When and why was this act passed?

• What were the reasons behind implimentation of this act?
• What were the after effect?
• Was this act successful in attaining its goal?
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INTRODUCTION

The vernacular press act (1878) was adopted in British India to limit the independence of the
Indian press and prohibit criticism of British policy, particularly the opposition that had
grown since the start of the Second Anglo-Afghan War (1878–80). Lord Lytton, then Viceroy
of India, proposed the act, which was overwhelmingly passed by the Viceroy's Council on
March 14, 1878. The act did not apply to English-language publications since it was intended
to suppress seditious literature in 'publications in Oriental languages' throughout the country,
with the exception of the South. The British, on the other hand, treated the Indian press with
complete disregard.

In today's world, the press is appropriately referred to as the fourth pillar of democracy. It is a
unified and self-contained force in a country that is essential to its growth and success. The
press mostly engages in critiques of modern state policies, which aids the administration in
gaining insight into its own operations while also allowing the voice of the plebeians to be
heard. Though there is a lot of leeway in today's globe when it comes to freedom of speech
and expression, which allows for such a permissible exercise of press freedom, this was not
the case in colonial times. There have been a number of fictitious incidents of censorship and
press laws, some of which are worth discussing and explored in the project. The project's
major goal is to critically examine the primary source, The Vernacular Press Act of 1878. The
project is an attempt to examine the historical context in which the Act was enacted, and it
has done so by researching the history of the press in India since its foundation. The
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conclusions made in this section are then utilised to evaluate the Act's goals and provisions.
This effort has attempted to assess what role the Act has played in moulding India's history,
as well as how it is a part of a process that began long before the Act was conceived and
continues long after it was abolished.

1
CHAPTER 2

HISTORICAL BACKGROUND.

The first printing press was set up in India by Christians who came to spread Christianity, but
it was viewed with mistrust because it was thought to be a tool for furthering their "shady"
objectives. However, the modern press as we know it today was developed during the control
of the East India Company, when it was quite likely that some of the company's ex-
employees would set up a printing press in order to expose the company's wrongdoings.
Despite the fact that the British were principally responsible for the introduction of the press
to India, the Raj and the Indian press have had a tense relationship from the start 2. Despite the
fact that the printing press was established in the second half of the 16th century, the first
papers were not issued for another two centuries. When James Augustus Hicky founded the
Bengal Gazette, the first India English newspaper, he filled the need left by the lack of
publications. The governor general believed the daily was printing libellous pieces at the
time, therefore there was a steady swing from liberty to control and back.

Since then, several papers have been published on a regular basis, but there have been a slew
of restrictive laws enacted by the administration in an attempt to stem the development of
popular discontent through these publications. The names of the printer, editor, and proprietor
of every paper had to be disclosed, and all pre-published information had to be submitted for
prior examination by the Secretary. The change in governor generals due to their particular
personal convictions perpetuated this swing from a liberal to a regulatory mentality and back.
1
Vedantu, https://www.vedantu.com/question-answer/vernacular-press-act-of-1878-passed-by-class-10-social-
science-cbse-5ff49ff7fe0724513fa3e737
2
Julie F. Codell, The Nineteenth-Century News from India, VICTORIAN PERIODICALS REVIEW (2004). 3
supra note 1.
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Lord Hastings eliminated censorship for a brief period around 1818, and certain broad
guidelines governing printing and sedition were published. However, this was a brief phase,
since John Adam came to power in 1823 and passed an act prohibiting the printing of
periodicals without a licence and imposing a penalty for any infraction. Because of Lord
Metcalfe's efforts, the Press Act of 1835 was unanimously enacted by the council, putting an
end to the uncertainty about the press that was based on the governor general's opinions. 3
The Indian press continued to deal with Indian desire from this year until 1875, and it was
reawakening the country. Metcalfe was dubbed the "liberator of the Press" because of the rise
of the press in all parts during this time. The Indian press also 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.

However, because most Indian subjects were unfamiliar with the language of their
administrators at the time, these articles were mostly published in English and hence had a
limited audience. As a result, there was a need for papers to be published in vernacular
languages in order to build a politically and socially aware Indian population. Digdarshan, the
earliest vernacular newspaper, was founded in 1818 by three Serampur missionaries. Raja
Ram Mohan Roy, however, was the first Indian to create a vernacular newspaper. He began
publishing the paper in Bengali, and his main focus was on criticising ancient conventions
and behaviours that, in his opinion, were holding back Indian culture. His magazines
attempted to educate the Indian population on the importance of social transformation. The
awakening sparked by his publications spread throughout the country, and numerous new
newspapers in regional languages began to appear. These journals bolstered national
consciousness and assisted Indians in forming their identity as a collective mass of people
who are currently subject to British rule. As a result of this awakening, different Indian
organisations arose, catering to various segments of Indian society. These cultures felt
compelled to sever their beliefs as well, and they picked vernacular newspapers as harbingers.
Many papers under the names Amrit Bazar Patrika, Indian Mirror, Hindu Patriot, and others
were distributed throughout the country in various vernacular languages.

Since the beginning of the production of these publications, there has been a fledgling
division between the vernacular press and the British press, which cemented after the 1857
Mutiny. The rebellion fueled the British government's growing distrust of the vernacular
press, leading to increased controls and censorship. Nonetheless, the press grew in power and
continued to provide political commentary. This disparity became obvious after the
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revolution and was brought to the attention of British officials because the Anglo-Indian press
called blood to blood while Indian journalists were sympathetic to the insurgents. As a result,
the Indian press became nationalistic and targeted directly at the majority because it spoke
their language. With the advancement of national awareness, the Indian-run press gained
traction, and restrictions were imposed on them as a result. To restrict periodicals edited by
Indian locals, the "Gagging Act" of 1857 was enacted. When the legislation was repealed in
1858, the publishing industry re-emerged, and by 1870, there were approximately 400
publications published in vernacular languages. Thus, in 1878, when the Vernacular Press act
1878 was passed, Lord Lytton took it upon himself to control the rise of the vernacular press
in order to prevent the propagation of anti-administration and anti-vernacular press beliefs.

CHAPTER 3

PROVISIONS OF THE ACT

The act's provisions are as follows:

1. The act applies to all periodical literature and newspapers printed entirely or partially
in any of the vernacular languages.
2. The magistrate had the authority to order the printer of any vernacular paper to enter
into bonds with the administration, agreeing that the paper would not contain
anything that would incite feelings of antipathy between people of different races,
castes, religions, or sects, or that would excite feelings of dissatisfaction with the
government.
3. If a newspaper is found to be publishing materials of the type described in the
preceding clause, the local government may issue a warning on the first offence, but
the money or securities deposited may be confiscated, and the plant may be seized.
4. The publisher has the option of making a deposit or agreeing to send proofs to the
government official and not to publish anything that the officer opposes to.
5. The proceedings under the act cannot be called into question by any court of civil or
criminal jurisdiction.
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ANALYSIS

• It is clear from the Act's provisions that the primary goal of enacting it was to gain
productive control over periodical journals and newspapers published in oriental
languages, to the point where these papers are under the government's effective
control in a way that previous legislations could never achieve. This demonstrates that
the state's security was paramount, and the government could not allow the vernacular
literature to sever the thread of the British raj's most sophisticated ideas in order to
preserve it.
• The Indian press was a function of the British in two ways: it was a product of the
laws and norms that governed these press houses, and it was a reaction of the masses
to the British policies that let them govern "efficiently," as they put it. The British
utterly neglected the second function performed by the press in controlling and
restricting the publication of these publications, and therefore lost additional control
over the Indian masses due to a lack of knowledge of their reactions to the British
administration.
• The Indian press can be classified into two categories: English and vernacular. Both
of these journals used to reflect extreme views on British administration policies and
promoted nationalistic causes, although the Act solely intended to govern the
vernacular media. The main purpose of the Act would be defeated because the
educated masses in India would still have access to nationalistic views through the
English paper, and there is enough evidence to show that it is the educated
intelligentsia that is responsible for mobilising masses into rebellions and movements.
The explanation offered for the exclusion of English-language publications, on the
other hand, is that they are only read by the educated class, from whom the British
erroneously felt there was no political or social threat to their continued existence.
• We can easily deduce that the endeavour to govern solely vernacular magazines to
the exclusion of English medium publications constituted a point of bigotry towards
the people's cultural languages based on the enactment. This Act was a hidden attempt
to interfere with Indian cultural conceptions, as the British had stated unequivocally
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that they would not interfere with Indian culture, and hence these nefarious objectives
could not be carried out openly.

JUSTIFICATIONS FOR THE ACT

The viceroy had emphasised the importance of such legislation by claiming that a rising
number of vernacular periodicals existed only for the purpose of disseminating seditious
ideas, mainly about the British administration's oppression and arbitrariness. He mentioned
sixty-nine pieces from various oriental publications as examples of purportedly "seditious
articles" published while the Act was being drafted. However, this cannot be seen as a
legitimate basis for the Act, as only three such examples had come to light in the prior five
years of the Act, none of which were deemed appropriate to prosecute by the publishers or
writers. These articles were found to accurately reflect the genuine feelings of the people of
the province.

In addition, the viceroy justified the Act by stating that it was absolutely required because the
two people who are largely responsible for the country's security, namely the secretary of
state and the viceroy with his council, deemed it to be extremely important. However, the
secretary of state is aided by a council of individuals chosen for their Indian expertise, whose
advice the secretary is not obligated to follow, although the viceroy is obligated to accept the
secretary's choices in such a situation. As a result, the whole power of controlling India's
administrative machinery has been concentrated in the hands of a single person with no true
Indian expertise.

It was also maintained that the criminal provisions of the Indian penal code did not cover
these acts of sedition, and that specific legislation focused on such situations was urgently
needed. This is because, under the penal code, punishment cannot be imposed unless the
writer has a clear and obvious aim to offer resistance to or overthrow the British
administration's power. However, the argument that the criminal law would be ineffective is
irrelevant because it causes more harm to the many innocent in order to apprehend the few
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guilty, and it also deprives the government of its most effective weapon for gauging public
opinion on its policies and actions.

The only valid "excuse" (because no reason can justify such an arbitrary act in logical
parlance) for the unanimous passing of the Vernacular Press Act was that the Raj had to
maintain its declining image as a result of its reckless acts in the recent past for the
glorification of their own country at the expense of the "host" country, India. The number of
articles in the literature describing the reckless actions of British officials was increasing, as
was their boldness. The British were well aware that these journals were read aloud in bazars
in front of the "ignorant" toiling masses and impressionable people, and hence felt compelled
to create legislation to protect their impeccable and honourable name among the common
people. The readership of vernacular magazines was growing, and it continued to contribute
to politico-social consciousness and the rise of nationalism in the country.

CHAPTER 4

CONSEQUENCES OF THE ACT

The Act was a significant step forward since it sought to regulate rather than prohibit the
press, which has long been recognised as an important institution for a country's progress and
prosperity. In this case, however, the press was manipulated by this Act to serve the
administrators' interests rather than the interests of the administered.

The Raj and the people had differing perspectives on the Act's repercussions. While the
viceroy was happy with the Act's results, the people in the provinces revolted since there was
not a single seditious article in the vernacular publications. There was not a single newspaper
publishing house in Bengal that supported the Act. In addition, many political rallies were
staged across India in opposition to the Act. In this initiative, the Bengali Indian Association
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was the most active participant. Gatherings were organised, and in response to the meetings,
these organisations received letters of gratitude from all over the world.
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CHAPTER 5

CONCLUSION

The Vernacular Newspapers Act of 1878 was a "oppressive" law aimed at censoring India's
press. The act did not apply to English-language publications since it was intended to
suppress seditious literature in 'publications in Oriental languages' throughout the country,
with the exception of the South. The British, on the other hand, treated the Indian press with
complete disregard. The press in India here explicitly refers to the oriental press, which was
printed in the provinces' vernacular languages. The Act was really a ruse for the British to
meddle in people's cultural lives by instilling a dislike for their native tongues while saving
the British administration's image in the eyes of the subjects from hazardous waters. This is
exemplified by the fact that, despite the existence of a criminal statute on the subject, the
government was unable to present any compelling arguments in support of the passage of a
new special Act. The only goal was to keep feelings of nationalism and anti-British animosity
from spreading over the country. It's only ironic that the viceroy declared the Act a success
when it ended up accomplishing the opposite. The British's disinterest for the vernacular
press exemplified their awful crimes once more, inciting the people of the provinces to rise
up in rebellion against the administration and instilling in them a spirit of nationalism, which
the Act had attempted to suppress since its inception. Following the demonstration, the Act
was repealed, and the people saw the power of collective national unity, which motivated
them to attain independence from the British Raj in the following years.
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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-

PressAct
• John Dacosta, Remarks on the vernacular Press law of India, or Act IX of 1878,
BRISTOL SELECTED PAMPHLETS (1878).

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