Defence of India Act 1915

[1] It was similar to the British Defence of the Realm Acts, and granted the Executive very wide powers of preventive detention, internment without trial, restriction of writing, speech, and of movement.

However, unlike the English law which was limited to persons of hostile associations or origin, the Defence of India act could be applied to any subject of the King,[1] and was used to an overwhelming extent against Indians.

The passage of the act was supported unanimously by the non-official Indian members in the Viceroy's legislative council, and was seen as necessary to protect against British India from subversive nationalist violence.

The extension of the law in the form of the Rowlatt Act after the end of World War I was opposed unanimously by the non-official Indian members of the Viceroy's council.

In Bengal, revolutionary organisations like Anushilan Samiti and Jugantar drew young recruits from the educated middle-class Bhadralok ranks, and engaged in a number of prominent attacks on both figures in the administration as well as the local police investigating incidents of robbery, violence and murder linked to these groups.

In 1908, a failed assassination attempt by Jugantar on the life of Presidency Magistrate Douglas Kingsford led to death of two European women.

In 1910, Shamsul Alam, Deputy Superintendent of Bengal Police responsible for investigating the Alipore Bomb case, was shot dead on the steps of Calcutta High Court.

In Punjab, agitation against the 1906 colonisation bill, which the protagonists falsely believed was attempting to introduce law of primogeniture, led to widespread unrest.

[4] Investigations during 1912 into an attempt to assassinate the then viceroy, Charles Hardinge, promulgated the discovery of links between Bengal revolutionaries commanded by erstwhile Jugantar member Rash Behari Bose, and the Ghadr movement in Punjab.

This allowed abolishment of public meetings, and the Indian press was subjected to controls to limit seditious material being published.

[4] The Indian Sociologist was banned in India in September 1907 and in November that year the Prevention of Seditious Meetings Act was passed.

[8] February 1910 saw the introduction of Indian Press Act which allowed Provincial governments to ask for punitive securities of up to Rs 5,000 from newspapers likely to incite sedition and violence.

December 1908 saw the passage of the Criminal Law amendments under the terms of Regulation III of 1818 and to suppress associations formed for seditious conspiracies.

[9] Police forces felt unable to deal with the operations of secretive nationalist organisations, leading to demands for special powers.

[10] The First World War began with an unprecedented outpouring of support towards Britain from within the mainstream political leadership, contrary to initial British fears of an Indian revolt.

The Indian Government at the outset of the war anticipated that India would remain safe as long as Afghanistan maintained neutrality, and the tribes of NWFP were under control.

[12] The worst situation would be from a combination of war with Afghanistan and internal unrest fomented by either the Bengali revolutionary network, the Ghadr in Punjab or Indian Muslims who may sympathise with Ottoman Umma.

[13] British intelligence in North America indicated early in the war that the Ghadr Party, co-ordinating with the Berlin Committee in Germany, and the Indian revolutionary underground was attempting to transport men and arms from United States and East Asia into India, intended for a revolution and mutiny in the British Indian Army.

From August 1914, a large number of Sikh expatriates began leaving Canada and USA under the plans of the Ghadr leadership for fomenting mutiny in India, whilst in Bengal nationalist crime also increased.

The revolutionaries launched what has been described by some historians as "a reign of terror in both the cities and the countryside" that "came close to achieving their key goal of paralysing the administration."

On 19 March 1915, Sir Reginald Craddock, home member in the Viceroy's council introduced the law and it passed in a single sitting.

The act gave the Governor General in Council the power to make rules for the purpose of securing the public safety and the defence of British India and as to the powers and duties of public servants and other persons in furtherance of that purpose...Considerable pressure for the passage of the act was from Michael O'Dwyer particularly in light of the Ghadr threat.

Answering to Sir Surendranath Bannerjee in the legislative assembly, Craddock denied any necessity or propriety for the government to constitute an advisory board of judicial character that would deal with the applications of the act.

The main object of the law made it illegal to communicate with the enemy, obtaining information, spreading false reports, as well as any activities that the government saw prejudicial to the war effort.

It was met with universal opposition by the Indian members of the Viceroy's council, as well within the population in general, earning the title of "The Black Bills" from Mohandas Gandhi.