CHAPTER 3

HISTORY OF FREEDOM OF THE PRESS IN INDIA BEFORE

INDEPENDENCE

The history of the press in India can be traced to the ancient period even before
printing started. Printing, as it is understood in the present day, was not there in India
during the ancient period when it was ruled mostly by kings and emperors. It was a
period when education was not widespread and the means of communication and
transportation were quite inadequate. Asoka (304 B.C. to 233 B.C.), one of the
greatest Indian emperors and the grandson of Chandragupta Mauraya, devised his
own means of communication. During his regime all the imperial edicts were
inscribed on copper plates, rocks and stone pillars which exist even today from
Afghanistan in North East to Karnataka state in the South (Padhy and Sahu, 2005:2).
His edicts are considered examples of imperial political communication to the
informed and literate section of the population.

With the establishment of the Moghul Empire started a new era in the field of the
press in India. Communication was effectively organized. Written newspapers of a
kind were circulated. It must be pointed out that the news-writers were given
maximum freedom to cover, present and disseminate the news which had been
unfortunately very often inaccurate, fabricated and distorted (Padhy and Sahu,
2005:2). According to historians of journalism, the news was collected in a well-
organized manner under Akbar the Great. In 1574, Akbar established a recording
office that helped later medieval historians to gather materials for chronicles.
(Available at: http://vishnuprasadu.blogspot.in. Accessed on: 21/5/2013)

3.1 Beginning of the Press in India

The Christians, who came to India with an avowed purpose of propagating

Christianity among the Hindus and convert them into Christians, set up for the first
time printing presses in India to achieve their desired goal. 6 September, 1556 is quite
significant for the Indians as it was on this day, arrived the first printing press in India.
It is interesting as well as significant to state that initially the establishment of printing
presses in different parts of India was looked down with contempt and suspicion by
 History of Freedom of the Press in India Before Independence

the Indians as their sole aim was the propagation of the Christian faith (Padhy and
Sahu, 2005:3-5).

The press as we know it today was, however, brought to India in the wake of British
rule. Under the rule of the East India Company, there was the possibility of interesting
news and some enterprising journalists set up printing presses in India to expose the
misdeeds of the Company (Narain, 1970:2-3). No newspaper was published until
1780 because the Company’s establishments in India were a close preserve, and the
Company’s servants by common consent wished to withhold the evils and
malpractices arising from “private trading” in which all of them, almost without
exception, illegally indulged. The first newspapers were started by disgruntled ex-
employees of the Company. They were aided and abetted by servants of the Company
who used these newspapers for furtherance of their personal rivalries and jealousies
(Ahuja, 1669:6).

It is significant to mention that even though the first printing press set up in the third
quarter of the 16th century, publication of a newspaper was delayed by more than two
centuries. The absence of a newspaper must have created a vacuum in the field of
communication. However, this deficiency could overcome when James Augustus
Hicky, who may rightly be called the father of Indian journalism, published, printed
and edited the first newspaper of India in Calcutta, bearing the title The Bengal
Gazette or the Calcutta General Advertiser. Bengal Gazette was intended to operate
as an organ for the local British settler population. The circulation of the printed
interests and views of the British Indian population would come to represent a public
opinion that countered the absolute rule of the colonial authorities. Much like the
growing power of the British press, the English press in India came to be associated
with a liberal, reform-minded agenda that challenged the authorities both to justify
their own actions and to respond to public demands. For the very reason, the
authorities treated the press with distrust and imposed stringent licensing and
registration laws for the publication of newspapers (Padhy and Sahu, 2005:5-6).

Hicky’s Gazette contained comments on the private affairs of individuals, though a

considerable space was devoted to advertisements. Hicky described his publication as
“A weekly political and commercial paper open to all parties, but influenced by
none.” Using allegory, the paper made transparent insinuations about certain

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individuals. There was suspicion that Sir Philip Francis, a Member of the Governor
General’s Council and the enemy of Warren Hastings, supplied Hicky with slanderous
information which Hicky skilfully used in his paper to annoy the Hastings
Administration-suspicious fortified by the fact that Hicky’s paper never attacked Sir
Francis himself. Finally, on November 14, 1780, (following Sir Francis’ departure
from India) after reading scurrilous attacks upon Mrs. Hastings in Hicky’s Gazette,
Sir Warren Hastings denied Hicky the use of postal facilities on the ground that the
newspaper contained improper paragraphs tending to vilify private character and to
disturb the peace of the English Settlement in Calcutta and “for failure to promote
British economic interests”; and after this no copy was to pass through the channels of
the post office. This might be considered as the first censorship of the press in India.
Hicky was infuriated and was bitterly opposed to those who were in power and
attacked Governor General Hastings and other officials in an indecent way. In June
1781, he was imprisoned for being unable to pay fines of RS.80, 000/- but his
imprisonment did not extinguish his paper. He is truly a pioneer of the Indian Press.
So in its early days the press offended the Government by libeling private persons or
writing libellous articles against the Company’s servants. Later on, these papers began
to receive the resolutions and minutes of the council and military secrets and the like
were published as news. The Government objected to this kind of publication in 1785
(Athique, 2012:15; Agrawal, 1970:24-25, Karkhanis, 1981:18-19 and Iyengar, 2001:
xviii).

There was always a swing from liberty to control and back since the birth of the
Indian press with the publication of Hicky’s newspaper. Thus, while Hicky was a firm
believer in freedom of the press, the governor general Warren Hastings in Bengal
wanted to control the press because it was publishing libels against the government.
Similarly, the press in Madras was controlled because it was on hostile terms with
those in power and was publishing libellous articles. Although the British allowed
many newspapers to be published after the Bengal Gazette, British rule was
characterized by a swing between imposition and relaxation of restrictions on the
press. The attitude to the press depended to a considerable extent on the personality
and values of the person who was in power at that time (Raghavan, 1994:13).

The second Indian newspaper was The India gazette started in November 1780 by B.
Massink. His aim was to counteract the evils brought out by the Hicky’s Gazette. In

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February 1784, under the auspices of the Government the Calcutta Gazette was
started. Within a few years after the Hicky’s Gazette many papers came into
existence, e.g. The Bengal Journal 1785, The Oriental Magazine or Calcutta
Amusement in 1786, The Madras Courier in 1785, The Bombay Herald 1789 and The
Bombay Courier 1790. The Madras Courier got recognition from the Government
notifications which were published at the Sea Gate were now published in this paper.
It was allowed to circulate free of charges through the postal system (Agrawal,
1970:25).

The Madras press was on hostile terms with the Government for it published some
libels on the Government. The Madras Government imposed censorship on December
12, 1795 on the Madras Gazette, which was prevented from publishing the general
orders of the Government, without prior inspection by the Military Secretary. Four
years later, on June 29, 1799, all the papers were ordered pre-censorship. The
government was getting more and more alarmed at the criticism, so it withdrew the
free facilities of newspaper circulation in the Madras presidency (Agrawal, 1970:25).

Lord Wellesley in 1789 assumed the office of Governor General. When Mr. Bruce,
the editor of Asiatic Mirror, published an article on the relative strength of the
Europeans and the native populations, Wellesley got furious and he wrote privately
from Madras to Sir Alfred Clarke in Calcutta in April 1799 that he was going to
impose restrictions on the press and those not complying with the rules will be sent to
Europe (Barns, 1940:67). This threat was immediately put into action and a fresh set
of rules was published to shackle the press on May 13, 1799. It provided that every
newspaper should bear the name of the printer, that the name and address of the editor
and proprietor should be communicated to the Government and that no newspaper
should be published unless it had been inspected by the Government censor appointed
for the purpose. The penalty for a breach of regulations was an immediate
embarkation for Europe. The censor was instructed to prevent publication of matter
relating to subjects like “public credit”. These measures were justified on the ground
of emergency so long as the necessity existed for the maintenance of absolute power.
Like Warren Hastings before him, Wellesley also believed in restricting the press for
keeping the public ignorant and for maintaining power. Henceforward, the press was
virtually in a state of siege for years to come with jealous censorship hanging over its
head like the sword of Democles (Agrawal, 1970:26-30).

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The following month, on May 13, 1799, there appeared the first of the many
regulations which were to follow during the British Raj in India. Considered to be the
most severe of the regulations, it required that a newspaper print the name of the
printer, the editor and the proprietor; that those three persons declared themselves to
the Secretary of the Government; and that all material published in the paper be
submitted for the Secretary ‘s prior scrutiny. Sunday publication of the newspaper
was prohibited and violations of the rules were made punishable by immediate
deportation to England. Additional rules formulated for the guidance of the Secretary,
who was to act as censor, required the Secretary to exclude from newspapers
information regarding the movement of ships or the embarkation of troops, store or
specie, or Naval or Military preparations, intelligence concerning the destinations of
both private and Government ships as well as observations concerning the
Government officers- Civil, Military, Marine, Commercial or Judicial- were also to be
excluded. Other prohibitions included private scandal or libels on individuals,
statements concerning war or peace between the Company and the native powers,
observations tending to convey information to the enemy or likely to excite, alarm or
commotion within the Company’s territories, and any comments from European
newspapers which may affect the influence and credit of the British power with the
Native States. On the whole Wellesley’s strict regulations accomplished his objectives
of curtailing and silencing criticism of the Government by the newspapers (Karkhanis,
1981:24). In the interval between 1791 and 1798, newspapers in Bengal were pulled
up for various offences, many of which related to military subjects (Ahuja, 1996:5).

The turn of the 18th century marked the end of a phase in journalism in India. It was a
period of control on the press. If the person intending to start a paper was already
persona non grata with the government or with influential officials, he was deported
forthwith. If a newspaper offended and was unrepentant, it was first denied postal
privileges; and if it persisted in causing displeasure to the government, it was required
to submit part of or the entire newspaper to pre-censorship; if the editor was found
“incorrigible”, he was deported. Another aspect of journalism in India during this
period was that it contained material exclusively of interest to and relating to the
activities of the European population in India. The early newspapers were thus started
by ex-servants of the Company who had incurred its displeasure and their columns
were devoted to the exposure of the evils and malpractices of the time. Many of the

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writings were scurrilous and indulged in the grossest libel. Nevertheless, they served a
useful purpose. Restrictions were imposed on the press because the government
feared the criticism labeled against it by the press (Ahuja, 1996:5-6).

3.2 Early Nineteenth Century Newspapers

The first two decades of the 19th century saw the imposition of rigid control on the
press by the Marquess of Wellesley. This attitude to the press was the result of
personality and values of this governor general. The press regulations required a
newspaper to carry in imprint the name of the printer, the editor and proprietor, to
declare themselves to the Secretary to the Government and to submit all material
published in the paper to his prior scrutiny. Publication on Sunday was prohibited.
The prescribed punishment for breach of these rules was immediate deportation. The
Secretary was vested with the powers of a censor. By a separate set of rules he was
required to exclude from newspapers information in regard to the movement of ships
or the embarkation of troops, stores or specie, all speculation in regard to relations
between the Company and any of the Indian kingdoms, the information likely to be of
use to the enemy and comments likely to excite alarm or commotion within the
Company’s territories. In addition, he was to exclude all comments on the state of
public credit, or revenues, or the finances of the Company, or on the conduct of
Government offices, as also private scandal or libels on individuals. He was also
required not to permit the publication of extracts from European newspapers which
were likely to constitute a breach of the above restrictions (Nataranjan, 1954:10).
Prohibitory instructions were sent to the editors of six out of the seven newspapers.
Restrictions were imposed on the Press and public meetings were banned by order of
the Governor General-in-Council (Ahuja, 1996:6-7).

Wellesley, by shackling the press, shackled the news itself. England for more than
twenty years was deprived of all information about India except that obtained from
the servants of her Government. This was the reason why there was no growth in the
newspaper press from days of Lord Wellesley to those of Lord Minto (1810-1813).
The policy was to crush the power of the press so that it may not be strong enough to
awaken the people of India, which may lead them to question and criticize the rule of
the Company. The reason for strict censorship was to keep the natives of India

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ignorant and to prevent the spread of knowledge among the people (Agrawal,
1970:30-31).

Lord Hastings succeeded Lord Minto in 1813 who was known to have liberal ideas on
education and progressive views towards the press. In this way, there was a swing
from control of the press to freedom of the press and so a relaxation of restrictions.
This new attitude to the press was the result of the personality and values of this
governor general. Upon his arrival, he issued brief instructions requiring all owners of
printing presses to submit proof sheets of newspapers, appointments, extra
publications, notices, handbills and other publications to the Chief Secretary for
scrutiny and revision. To the editors this meant an easing of the 1799 Press
Regulations imposed by Wellesley, which required pre-censorship. The abolition of
pre-censorship was enthusiastically received by the European and Indian community.
At a meeting in Madras, leading officials and merchants praised Hastings’ new
regulations and offered congratulations to him for what they regarded as an
improvement of government in India (Karkhanis, 1981:25-27).

Censorship was abolished in 1818, but the Directors in England didn’t like it. So to
appease them Lord Hastings had to promulgate the following rules: -“The editors of
newspapers prohibited from publishing any matter coming under the following heads,
(1) Animadversions on the measures and proceedings of the Hon’ble Court of
Directors, or other public authorities in England connected with Government of India,
or disquisitions on political transactions of the local administration; or offensive
remarks leveled at the public conduct of the Members of Council, of the judges of the
Supreme Court, or of the Lord Bishop of Calcutta. (2) Discussions having a tendency
to create alarm or suspicion among the native population or any interested
interference with their religious opinions or observances. (3) The republications, from
English or other newspapers, of passages coming under any of the above heads or
otherwise calculated to affect the British power or reputation in India. (4) Private
scandals and personal remarks on individuals, tending to excite dissension in society.
These regulations were hailed in India and the newspaper press once again breathed
free air. People again got busy starting new journals, when a few days ago none dared
to do such a thing. These new regulations opened the way to a free press. Later on the
same regulations were promulgated in Bombay also (Agrawal, 1970:32).

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With the coming to power of John Adam, there was a swing away from freedom of
the press to control of the press. The attitude to the press depends on the personality
and values of those in power and John Adam believed in imposing restrictions on the
press. The leniency shown by Hastings toward English language newspapers was
reversed by the newly appointed Acting Governor-General John Adam, who had
previously served as the Chief Censor of the Government. He drafted new regulations
for the press and took the precaution of securing the sanction of an ordinance duly
approved by the Court of Directors. Perhaps the most comprehensive and stringent
regulations so far, these regulations are known in the history of Indian journalism as
Adam’s Gag. The main provision of this 1823 Act included:

(i) Prohibition of the printing of books and papers and the use of printing presses
without a license.

(ii) Penalty for infringement was a fine of RS.1, 000 commutable to imprisonment
without labour for a period of not more than six months.

These regulations also laid down the procedure for applying for a license, the
authority to which it should be forwarded, the conditions which government may, in
each instance, think proper to attach such license, the service of notices to the recall
for such licenses by government and the penalties which may be imposed in the event
of the use of the printing presses after a license has been recalled. Magistrates were
empowered to attach and to dispose of, as the government may direct, both unlicensed
printing presses as well as presses which continued to function after the notice of
recall (Ahuja, 1996:19).

The fact that the attitude to the press depends on the personality and values of those
who were in power can be seen from the difference in the attitudes of Hastings and
John Adam to Bukingham and his Calcutta Journal. Sir James Silk Bukingham, the
famous and most controversial personality in Indian journalism, made his appearance
on the Indian scene in the year 1818, by assuming the editorship of the Calcutta
Journal. As an editor, he believed it was his duty to admonish Governors of their
duties, to upbraid them furiously for their faults, to uncover the truth, though it was
disagreeable to some people. He considered the press to be a very necessary check on
an irresponsible Government, especially in the absence of a legislature. Buckingham’s
contribution to the struggle for freedom of the Press in India was monumental, and he

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occupies an outstanding place in the history of Indian journalism. Hastings was a

liberal and so Bukingham’s Calcutta Journal continued till Hastings’ administration
came to an end in 1823. When John Adam became the new Acting Governor General,
the Calcutta Journal was forced to cease publication and he hastened Buckingham’s
deportation to England the same year (Karkhanis, 1981:28-29).

Lord Amherst succeeded Adam. He also liked to control the press. It again shows that
the attitude to the press depends on the personality and values of those in power.
When certain objectionable passages from the newspapers were submitted for orders
in 1825, he said that it would be understandable for the Government frequently to
impose its authority in matters relating to the periodical press because the Court of
Directors of England never liked a free press in India. He had to issue the regulations
of 1825, prohibiting the servants of the East India Company from having any
connection with the press. This decision was the result of an incident in Bombay,
where a member of the Council of the Governor of Bombay, was the owner of a
newspaper. The regulation was promulgated in Bombay, Bengal and Madras
simultaneously in December 1825 (Agrawal, 1970:35).

There was a swing towards freedom of the press when the liberal and progressive
Lord William Cavendish Bentink came to power in1828. He introduced reforms of
the press regulations. He understood the advantage of the press in the Indian
language. As Bentink’s reputation as a reformer grew, the Indian language
newspapers began to flourish (Karkhanis, 1981:35).

The new Governor General Lord Metcalf, the successor of Bentink came to power in
1835. Like Bentink, he was a liberal and held strong views in favour of freedom of the
press. When appointed, he invited Lord Macaulay, the renowned liberal scholar,
historian and politician, who was then the legislative member of the Supreme Council,
to draft a Press Act presumably to be incorporated into the code which was being
drafted by the Law Commission. Macaulay, who favoured the new act, pointed out
that the existing licensing regulations were wrong and the press in India should be
free. The proposed Act, was intended to establish a perfect uniformity in the laws
regarding the press throughout the Indian Empire. Every person who chooses will be
at liberty to set up a newspaper without applying for a previous permission. But no
person will be able to print or publish sedition or calumny without eminent risk of

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punishment (Karkhanis, 1981:35). Macaulay’s new Act found favour with Metcalfe.
On August 3, 1835, Metcalfe the successor of Bentink with the unanimous support of
the Council passed the Press Act of 1835- the most liberal Press Act in Indian history.
The new law was made applicable to the entire territories of the East India Company.
The law favoured the growth of the Indian press (Karkhanis, 1981:35-37).

Lord Auckland succeeded Metcalfe, holding the position of Governor General until
1842. Auckland is remembered by the Indian press as favouring freedom of the press
and supporting Metcalfe’s liberal legislation. During his regime, cordial relations
existed between him and the editors of various Calcutta newspapers (Karkhanis,
1981:37-38).

A revolt known as the Mutiny broke out in 1857 against British rule. It was the last
armed attempt to throw out the British by force. As soon as the revolt broke out, the
Government gagged the press with an ordinance akin to the press laws of Adam’s in
1823. This was the notorious Gagging Act by Lord Canning, who was the then
Governor General, under which restrictions were imposed on the newspapers and
periodicals. A permit was necessary for launching any paper or periodical and the
Government observed utmost discretion in granting such a permit. The ordinance was
equally applied to the Indian and the Anglo-Indian papers. The censorship was limited
for one year. Lord Canning, wanting to improve his reputation in India, permitted the
“Gagging Act” to expire on June 13, 1858 (Karkhanis, 1981:44).

Lord Lawrence became Viceroy of India in 1864. It was during his administration that
the landmark 1867 Press and Registration of Book Act was passed. The essence of
such a law was rooted in a total distrust of the press and what it was capable of doing.
The purpose of this law was to keep the Government informed of the activities of
printing presses rather than to restrict the printing presses and newspapers. It
also repealed Metcalfe’s Liberation Law, although it incorporated all its provisions in
Act II of the new Act (Karkhanis, 1981:46). Using the broad argument of the public
interest, the British appealed to the “rule of law” and argued that public order must be
maintained at all costs. From 1870, the Indian Penal Code was systematically
extended to cover “constructive” threats to public order through the press. This act
contains certain essential features which have survived for more than a century and
are still a part of the law (Dhavan, 2009:89).

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The law was repealed in 1881 by Lord Ripon who was sent to India as a Viceroy. He
was specifically instructed to repeal the Act. Ripon, in consonance with his policy of
conciliation and reforms, took measures for the liberation of the Vernacular Press, but
the resentment that the law produced among Indians, became one of the catalysts
giving rise to India’s growing independence movement (Agrawal, 1970:52). The
relationship between the nationalist press and the alien regime continued to be in
tension and conflict (Raghavan, 1994:21).

The year 1835, when Metcalfe liberated the press, was a turning point in the growth
of Indian newspapers. 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.” Social and
religious causes had already been taken up and now came the freedom of the press; so
the Indian press got impetus from all sides. Metcalfe wanted to establish a perfect
uniformity in laws regarding the press throughout the Indian Empire. The authorities
in England looked upon the action of Metcalfe with displeasure, yet the Indian press
for twenty years to come was not shackled. The result of his action was renewed
journalistic enterprise. Educated Indians began to want a newspaper and twenty-one
vernacular periodicals appeared in Bengal alone (Agrawal, 1970:35-38).

3.3 Beginning of the Vernacular Press in India

Digdarshan was the first vernacular newspaper. It started in April 1818 by the
Serampur missionaries William Carcy, Joshua Marshman and William Ward. They
soon started another journal in June of the same year and named it Samachar Darpan
(Available at: http://blog.crjayaprakash.com Accessed on: 28/10/2013). The first
vernacular newspaper published by an Indian was in Bengali and Persian. It was
published by the most important personality of vernacular journalism, Raja Ram
Mohan Roy. In the history of Indian journalism, he is one of the tallest personalities.
He was a social reformer who used his journals to criticize traditional customs and
practices which were holding back Indian society. He felt the need for modernization
by following rational and egalitarian customs and practices. Born at Radhanagiri, in
the district of Hooghly, on May 12, 1772, he was himself a victim of traditional
customs and practices (Iyengar, 2001: xviii). Ram Mohan in his journals endeavoured
to counter the criticism of the missionaries on the one hand, and to educate Indian

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public opinion on the need for social reform (Raghavan, 1994:8). The beginning of
the vernacular papers by Roy brought to the attention of Indians the controversial
social and political topics of the time. In this way, he was able to bring about public
awakening about national issues (Ahuja, 1996:9).

Raja Ram Mohan Roy also brought out periodicals in English, Bengali and Persian.
Some of Roy’s papers were Sambad Kaumidi, Brahmical Magazine, Mirat-ul-Akhbar,
and Bangadoota and Bengal Herald. Sambad Kaumidi and Mirat-ul-Akhbar tried to
meet a wide variety of reader interest. There were items of local news including
births, marriages and deaths, as well as reports of events in India and the world;
articles on themes of religious and social reform, especially the need to end the
inhuman custom of Sati as well as travelogues; and shipping and commercial news.
Mirat-ul-Akhbar, the weekly in Persian, devoted much space to international affairs.
The first issue carried an article on China and an analysis of the causes of tension
between Russia and the Turkish ruler at Constantinople (Raghavan, 1994:9).

The awakening generated by Ram Mohan Roy in Bengal soon spread to other parts of
India. Newspapers published in Indian languages strengthened national
consciousness. Indian-owned newspapers sprang up in various parts of the country.
Many of them advocated political and social reform. This awakening also resulted in
the formation of citizens’ associations comprising lawyers, teachers and other sections
of the English educated intelligentsia and emergence of nationalist newspapers
(Raghavan, 1994:16-19).

To the British, the vernacular press exposed an India that they had only dimly
perceived and that they rightly feared. Initially, the response of the authorities was
hampered by an overall scarcity of British officials who were able to read their
content directly. It was only gradually, then, that the British became aware of the
expanding readership and content of these publications, and began to set “reliable”
Indian intermediaries to scrutinize their content for political agitation or anti-British
sentiments. By the 1870s, the already stringent rules imposed upon the Indian press in
the name of public order were superseded by legislation that targeted the vernacular
press specifically, and much more harshly than the English press (Anthique, 2012:
16-17).

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In the struggle against the British, vernacular newspapers played a very notable role
and so restrictions were imposed on their freedom. This included the Hindi Patriot,
Established in 1853, by the author and playwright, Grish Chandra Ghosh. It became
popular under the editorship of Harish Chandra Mukherjee. In 1861, the paper
published a play, "Neel Darpan" and launched a movement against the British, urging
the people to stop cultivating the crop for the white traders. This resulted in the
formation of a Neel Commission. Later, the paper was taken over by Ishwar Chandra
Vidyasagar. The paper strongly opposed the Government's excesses and demanded
that the Indians be appointed to top government posts. The Indian Mirror was the
other contemporary of this paper which was very popular among the reading public.
Yet another weekly, Amrita Bazar Patrika started publication from Jessore edited by
Sisir Kumar Ghosh. It was to ventilate grievances of the people and to educate the
public and was critical of the government. On January 1, 1874 Sisir Kumar Ghosh
wrote that the only instrument with which the people could fight the Government was
the newspaper. The result of this was that the proprietors of this newspaper faced trial
and conviction (Agrawal, 1970:48). In 1871, the Patrika moved to Calcutta and
another Act was passed to suppress it and other native journals (Available at:
http://ncert-notes.blogspot.in. Accessed on: 12/7/2013).

A clear distinction between the vernacular press and the British press was taking
place. The Mutiny of 1857 sharpened this distinction. The journalists in India were
divided on the basis of their nationalities. English journalists with one voice cried
blood for blood after the Mutiny, while the Indian editors had sympathy with the
rebels (Narain, 1970:4). The Indian press thus became nationalistic and appealed
directly to the masses because it spoke their own language (Agrawal, 1970:43). With
the advance of national consciousness, the press run by the Indians gained influence
and strength and so faced restrictions. The Anglo-Indian Press grew jealous of this
rival and the government placed fewer restrictions on it (Agrawal, 1970:52). Thus,
Adam’s “Gagging Act” of 1823 and Canning’s “Gaging Act” of 1857 were directed
more against the newspapers published in Indian language and edited by natives of
India than against English language, English-owned newspapers. With the exception
of the Calcutta Journal, no English newspaper was deprived of license in 1823. The
editors were given warnings, but no serious action ensued. As for the Indian-owned
newspapers Roy had already ceased the publication of Mirat-ul-Akhbar and severed

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his connections with the Sambad kaumidi. Other Indian newspapers kept out all
political news to scape from the “Gagging Acts” (Karkhanis, 1981:30-31).

When Canning’s “Gagging Act” was withdrawn in 1858, the production of books,
pamphlets and newspapers by Indian writers both in English and Indian languages
resumed its growth (Agrawal, 1970:41-42). Along with this growth of the press, there
was a growth of their influence. By 1870 there were 644 papers in British India of
which 400 were in vernaculars. Vernacular journals outnumbered the British journals
in number as well as in influence (Agrawal, 1970:47).

Convinced that the vernacular newspapers were spreading national consciousness,

Lord Lytton on March 1, 1878 passed the Vernacular Press Act, an Act for more
stringent control of publications in vernacular languages. One of the most
comprehensive and rigorous acts, this act furnished the Government with more
effective means to punish and repress seditious writings calculated to cause
disaffection with the Government among the ignorant population. It empowered any
Magistrate of a district, or a Commissioner or Police in a Presidency town to force the
printer and publisher of a newspaper to agree not to publish certain kinds of material,
to demand security, deeming it forfeited at their discretion, and to confiscate any
printed matter it deemed to be objectionable in accordance with this Act. No printer or
publisher against whom such action had been taken could have recourse to a court of
law (Karkhanis, 1981:49-50).

The Vernacular Press Act excluded English-language publications. It elicited strong

and sustained protests from a wide spectrum of the vernacular newspapers. In the year
1880, it was noticed that some improvement had taken place in the style and language
of the vernacular newspapers since the introduction of the Vernacular Press Act. The
Act was accordingly repealed by Act III of 1882 which retained power to the Post
Office authorities to search for and seize any vernacular publications of a seditious
nature, the importation of which had been prohibited under the Sea Customs Act,
1878 (Ahuja, 1996:27).

The press played a vital role in the building of Indian nationalism. The national
movement emerged from the fact that leaders like Raja Ram Mohan Roy to Keshab
Chandra Sen, Gokhale, Tilak, Pherozshah Mehta, Subash Chandra Bose, C.R. Das,
Dadabhai Naoroji, Surendranath Banerjee, C.Y. Chintamani, Moti Lal Nehru, Madan

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Mohan Malaviya, M.K. Gandhi and Jawaharlal Nehru used it as a medium for
arousing and mobilizing nationalist public opinion. They criticized government’s
policies and educated the public in the understanding of political problems through
the press. It was a weapon in the hands of the nationalist leaders to popularize among
the people, their political programs and methods of struggle. This accounts for the
remarkable growth of the press in India in both daily and periodical at that time
(Desai, 1984:236-237). The support of the vernacular press for the national movement
was strong and enduring, as calls, first for home rule, and then for full independence,
gathered in strength in the first two decades of the twentieth century. Thus, as Daya
Thussu argues, “an Indian press both, in English and in the Indian languages, became
an integral component in the rise of anti-colonial nationalism, providing a necessary
vehicle for nationalist discourse as well as serving to develop informal political
constituencies amongst their readerships press” (Anthique, 2012:17).

3.4 Press in India in the Period After 1900

The dawn of a new century resulted in increased number of newspapers, particularly

vernacular newspapers which supported the growing national consciousness. The
Anglo-Indian papers always supported Government measures and policies. This
strengthened the distinction between the Indian and the Anglo-Indian press with the
former favouring Indian nationalism and the latter favouring the government. The
Government was also showing favouritism to the Anglo-Indian papers and opposing
the Indian papers (Agrawal, 1970:64).

There was also a swing to control of the press and imposition of restrictions at the
dawn of the new century. Lord Curzon took office in 1899 as Viceroy of India. He
immediately began to make improvements which he thought were necessary without
considering public opinion (Karkhanis, 1981:57). The Official Secrets Act of 1903
was passed. It was nothing but an additional fetter to curb the liberty of the press. It
was a grave peril to the independence of journalism. The Anglo-Indian press joined
the Indian press in condemning this measure (Agrawal, 1970:73).

Another measure taken by Lord Curzon without considering public opinion and on the
pretext of improving the administration of a large province like Bengal was the
partition of that province in 1905. There was a massive agitation in Bengal against its
partition because it was considered to be a measure designed to weaken the national

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consciousness of which Bengal was the centre. It was during this movement against
the Bengal partition that the repressive measures of the British led to the rise of the
revolutionaries and their journalism. Barindra Kumar Ghose, younger brother of
Aurobindo Ghose, founded Yugantar in 1906 as the journal of the revolutionaries.
Lajpat Rai in Punjab started a newspaper called Bande Mataram, the rallying cry of
the movement against Bengal’s partition. Aurobindo Gose attracted the adverse notice
of the authorities for his writings in Bande Mataram (Raghavan, 1994:35-36). A
Marathi weekly, Kesari was started by Tilak from January 1, 1881. He, along with
Agarkar and Chiplunkar started another weekly journal, Mratha in English. The
Editor of the Daccan Star, Nam Joshi also joined them and his paper was
incorporated with Maratha. Tilak’s papers became the leading media to propagate the
message of freedom movement. They also made the anti-partition movement of
Bengal a national issue. In 1908, Tilak opposed the Sedition ordinance. Tilak and
Agarkar were convicted for writings against the British. He was later exiled from the
country for six years (Available at: http://ncert-notes.blogspot.in. Accessed on:
12/7/2013).

When Lord Minto succeeded Lord Curzon, he inherited a turbulent situation and tried
to meet it by widening the scope of the Press Act. A number of ordinances and
circulars abridging the right of free speech and free criticism were issued. Lord Minto
passed the Newspapers (Incitements to Offences) Act of June 1908, which
empowered the authorities to take judicial action against the editor of any newspaper
which published matter which, in the view of the Government, amounted to
incitement to rebellion. Simultaneously, the Governor of Bombay made a declaration
in the Legislative Council at Poona, that the Government was determined to put down
seditious agitation in the province (Ahuja, 1996:176-177).

Partition of Bengal, violence in different parts of the country, and the British
assassinations caused a threatening situation. To cope with this situation, new
legislation, the Indian Press Act of 1910, was passed and the provision of the bill
increased Government control over the printing presses and publishers. It empowered
district magistrates to levy and to forfeit security deposits from the publishers of
newspapers and the keepers of presses; to authorize searches and to declare printing
presses and newspaper copies forfeited to the Government; and for prohibition of the
transmission by post of copies of newspapers deemed to contain objectionable matter

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 History of Freedom of the Press in India Before Independence

(Raghavan, 1994:36). All proprietors who made a declaration under the 1867 press
Act for the first time were required to deposit security of 500 to 2000 rupees unless it
was waived with by the local magistrate. Owners of existing presses were required to
make the deposits only if the printed “objectionable matters” as such that incited to
murder, caused religious or racial animosity, tampered with the loyalty of the army or
expressed Government hatred. If objectionable matters were printed, the local
Government was authorized to declare the security forfeited. In that case the press
would either cease to function or the owner would be required to put up a larger
deposit. If the printer published objectionable matters again, both the security and the
press would be seized. Customs and postal authorities were authorised to detain and
search suspicious mail. Newspapers of those publishers who had failed to deposit
securities could also be seized. The measure also authorized the local Government to
confiscate any newspaper, book or printed document which continued to print
prohibited materials. Local police were authorized to search and seize the
objectionable materials. The legislation barred recourse to judicial review except
through appeal to a special bench of high court judges, who could decide whether or
not the matter objected to be the kind defined in the Act. This measure was vigorously
enforced. Between 1910 and 1914 the Government initiated 355 cases (warnings,
security demands and prosecution) against the printing presses. In 1922, the Central
Legislative Assembly on the recommendation of the committee appointed to
investigate press legislation repealed the Newspaper (Incitement to offences) Act of
Press Act of 1910 (Karkhanis, 1981:62- 67).

The six-year of administration of Lord Irwin (1925-1931) was a turbulent period. The
Indian leaders were dissatisfied with Lord Irwin’s proclamation to give dominion
status to India and declared at the Lahore Session that the goal of the Indian National
Congress was complete national independence. Soon after that, in April 1930, Gandhi
began his Civil Disobedience Movement with the march to Dandi to break the salt
law. The movement spread throughout the country, creating turmoil. Thus, this period
is marked by a greater government control and restrictions on the press. The 1930
Indian Press Ordinance, one of the six Ordinances aimed to better control of the press
similar to the 1910 Press Act, was passed by the British Government. On March 6,
1931, the Government withdrew the Indian Press Ordinance of 1930 along with other
ordinances passed that year because Irwin met with Gandhi and signed the Irwin-

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Gandhi Pact in which Gandhi agreed to discontinue the Civil Disobedience

Movement (karkhanis, 1981:67-71).

In April, 1931, Lord Willington became the Viceroy of India. Unsympathetic to the
Nationalist Movement, he declared the Indian Nationalist Congress illegal and took
measures to suppress the Civil Disobedience Movement. The first of the repressive
measures was the passage of the Indian Press (Emergency Powers) Act of 1931
(Karkhanis, 1981:70-71). Similar to the 1908, 1910 and 1930 legislation, this act
empowered local magistrates at their discretion to require publishers and printers to
deposit security of up to 1000 rupees. The local Government was empowered to take
action against any publisher or printer suspected of printing or publishing material
which may be constructed as incitement to commit crime. The local Governments
were empowered to declare securities for forfeit and demand additional security, and
to direct a Magistrate to issue a warrant to search property where copies of
newspapers and books declared forfeit were suspected of being stored for distribution.
This was an act which gave wide ranging powers to local Governments, the effect of
which was to prohibit the printing of names or portraits of well-known leaders of the
Nationalist Movement as well as notices and advertisements of meetings of the
Congress Party or any political events (Karkhanis, 1981:71-72).

With the beginning of World War II, the Government found it necessary to pass
Defence of India Act, bolstering the authority of the Central Government to deal with
seditious material. Censorship machinery with a Chief Censor, a Director of Public
Information, and other censors and advisory committees in each province, began to
operate. Printed material came under the scrutiny of the Government (karkhanis,
1981:75). On October 25, 1940, the Government of India issued an order which
prohibited “the printing or publishing by any printer, publisher or editor in British
India of any matter calculated, directly or indirectly, to foment opposition to the
prosecution of the war to a successful conclusion, or of any matter relating to the
holding of meetings or the making of speeches for the purpose, directly or indirectly,
of fomenting such opposition as aforesaid: provided that nothing in this order shall be
deemed to apply to any matter communicated by the Central Government or a
provincial government to the press for publication (Raghavan, 1994:100). Fresh
restrictions were imposed on the press following the Quit India resolution of August
1942. The newspaper’s offices were raided by the police a few days later, some

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papers were seized and the premises placed under lock. It was only towards the close
of 1945, following the release of members of the Congress Working Committee, that
the premises were restored (Raghavan, 1994:100-101). With the war drawing to an
end and a clear indication that India was soon to be freed, continuation of censorship
and repression was meaningless. Gradually, as the war ended so did most of the
controls on the press (Karkhanis, 1981:76).

3.5 Conclusion

The history of freedom of the press before India’s independence shows that the swing
from freedom of the press to control of the press depends largely on the personality
and values of the Governor Generals and the Viceroys in power at that time.
Whenever those in powers were liberal, there was a relaxation of restrictions on the
press and when those in power were authoritarian, restrictions were imposed on
freedom of the press. Warren Hastings, Lord Wellesley, John Adam, Lord Amherst,
Lord Canning, Lord Lawrence, Lord Lytton, Lord Curzon, Lord Minto, Lord Irwin
and Lord Willington were Governor Generals and Viceroys who were authoritarian
and believed in controlling the press. They took measures to curb the press. Lord
Hastings, Lord William Cavendish Bentink, Lord Metcalf, Lord Aukland and Lord
Ripon were Governor Generals and Viceroys who were liberal and gave freedom to
the press. During their regime, the Indian press enjoyed freedom and could grow.

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