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Defence of India Act 1915
The Defence of India Act 1915, also referred to as the Defence of India Regulations Act, was an emergency criminal law enacted by the Governor-General of India in 1915 with the intention of curtailing the nationalist and revolutionary activities during and in the aftermath of the First World War. 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,〔 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 act was first applied during the First Lahore Conspiracy trial in the aftermath of the failed Ghadar Conspiracy of 1915, and was instrumental in crushing the Ghadr movement in Punjab and the ''Anushilan Samiti'' in Bengal.〔 However its widespread and indiscriminate use in stifling genuine political discourse made it deeply unpopular, and became increasingly reviled within India. 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. It became a flashpoint of political discontent and nationalist agitation, culminating in the Rowlatt Satyagraha. The act was re-enacted during WWII as Defence of India act 1939. Independent India retained the law in a number of amended forms, which have seen use in proclaimed states of national emergency including Sino-Indian War, Bangladesh crisis, The Emergency of 1975 and subsequently the Punjab insurgency.
==Background==
Punjab and Bengal, along with Maharashtra, became hotbeds of revolutionary nationalist violence against British rule in India in the first decade of the 20th century. 1905 partition of Bengal and the 1907 colonisation bill in Punjab fed growing discontent. In Bengal, revolutionary organisations like ''Anushilan Samiti'' and ''Jugantar'' drew young recruits from the educated middleclass ''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. These included assassinations and attempted assassinations of civil servants, prominent public figures and Indian informants. In 1907 attempts were made on the life of the Bengal Lieutenant-Governor Sir Andrew Fraser. In 1908, a failed assassination attempt by ''Jugantar'' on the life of Presidency Magistrate Douglas Kingsford led to death of two European women. In 1909, a failed assassination attempt saw two bombs thrown at Lord Minto. In December that year the magistrate of Nasik A. M. T. Jackson was shot dead by Anant Kanhere, and suspicion fell of links to India House in London which was at the time being led by V. D. Savarkar whose elder brother Ganesh had been convicted by Jackson of seditious conspiracy. India House was also held responsible for the murder in London of William Hutt Curzon Wyllie, the political ADC to the secretary of state to India. A number of assassinations were also carried out of approvers who had turned crown-witnesses. In 1909 Naren Gossain, crown-witness for the prosecution in Alipore bomb case, was shot dead within Alipore Jail by Satyendranath Bose and Kanai Lal Dutt. Ashutosh Biswas, an advocate of Calcutta High Court in charge of prosecution of Gossain murder case, was shot dead within Calcutta High Court in 1909.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 1907 colonisation bill attempting to introduce law of primogeniture had stirred agitation. Punjab police had become aware of nuclei of nationalist movements arising in Punjab in the form of the nascent Ghadr movement, fed by resources and efforts of emigrant Sikh communities in Canada. The investigations into the 1912 attempt to assassinate the then Viceroy of India, Charles Hardinge, led to the discovery of the links between Bengal revolutionaries led by erstwhile Jugantar member Rash Behari Bose, and Ghadr movement in Punjab.
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