Despite fibre optics and 5G, India’s legal backbone for communication is Indian Telegraph Act, 1885

Hyderabad: In an age of 5G, fibre-optic networks, and digital surveillance, it might surprise many to learn that India still has laws that refer to ‘telegraph wires’, a technology that has been obsolete for over a decade.

The Indian Telegraph Act, 1885, is one such statute that remains on the books, quietly governing key aspects of modern communication under the guise of a 19th-century vocabulary.

Despite the fact that India discontinued its telegram service in 2013, the act continues to serve as a legal backbone for many aspects of the country’s communications infrastructure.

This peculiar continuity raises questions about how India handles legal modernisation and why some colonial-era laws persist long after the world they were written for has vanished.

What is the Indian Telegraph Act?

The Indian Telegraph Act, 1885, was enacted during British rule to regulate telegraphy, then the cutting-edge technology of the time. Under the Act, the Xentral government was given exclusive authority to establish, maintain and regulate telegraphs.

But the law wasn’t just about sending telegrams. It laid out the government’s power to access private communication in cases of public emergency, a clause that continues to be invoked in the context of surveillance, wiretaps and internet shutdowns.

Section 5(2) of the Act is especially relevant, as it gives the government the power to intercept messages in the ‘interest of the sovereignty and integrity of India.’

The language that lingers

What makes this Act particularly outdated is its terminology. The law still refers to ‘telegraph wires,’ ‘telegraph lines,’ and ‘telegraph officers,’ terms that were relevant in the 1800s when telegrams were the main form of long-distance communication.

Today, these phrases are legally stretched to apply to mobile networks, broadband infrastructure, and even the internet.

“It’s a fascinating instance of legal adaptation,” said Dr Mrunal Prasad, a constitutional law scholar. “The courts and administrators have interpreted the word ‘telegraph’ to encompass all kinds of modern communication, but the statute itself has barely changed in structure or tone.”

Why hasn’t it been repealed?

One might wonder why such an archaic law hasn’t been replaced. Part of the reason is legislative inertia; laws, once in place, tend to stick around unless there is strong political will to replace them.

Another reason is that despite its old language, the Telegraph Act still gives the government substantial control over the country’s communications infrastructure, especially in matters of national security and public safety. In recent years, it has been used to justify internet shutdowns during protests, exams, and political unrest.

As per government data, India led the world in the number of internet shutdowns in several consecutive years, many of them authorised under the Telegraph Act.

A modern update in the works

Recognising the need for change, the Indian government introduced the Telecommunication Bill, 2023, aimed at replacing the Telegraph Act, 1885. The draft Bill attempts to streamline regulation, introduce better privacy protections, and use terminology that reflects current technologies.

The proposed legislation replaces ‘telegraph’ with more relevant terms like ‘telecommunication services’ and attempts to clarify the government’s powers around spectrum allocation, infrastructure development, and security.

Colonial hangovers in Indian Law

The Telegraph Act isn’t the only colonial law still in effect. Laws like the Indian Penal Code (1860) and the Indian Evidence Act (1872) also remain key parts of India’s legal architecture. Many of these laws are criticised for being out of sync with modern values, especially concerning civil liberties and digital rights.

“There’s a broader need to reassess the entire colonial legal inheritance,” said advocate Reema Joseph. “Retaining these laws without updating their language and scope leads to confusion, misuse, and outdated interpretations.”

Why does this matter?

Understanding that modern digital surveillance and shutdowns are being carried out under a law that was written before the invention of radio, not to mention the internet, should concern citizens, policymakers, and technologists alike. Legal language shapes how rights are interpreted and enforced.

While the government’s move to overhaul these outdated frameworks is a step in the right direction, it remains to be seen how quickly the new legislation will be passed, implemented, and tested in courts.

Conclusion: Past Language, Present Power

The mention of ‘telegraph wires’ in a law that governs today’s smartphones and internet connections is more than a historical curiosity; it’s a reminder that laws must evolve as technology does. Until India’s legal framework catches up with its digital reality, the ghost of the telegram will continue to loom large over the nation’s digital future.

Did you know?

The last telegram in India was sent on July 14, 2013, marking the end of a 163-year-old service. But the law that created it? Still very much alive.