Unit 3.1 : Library Legislation: United Kingdom, United States of America and India.

MLIS-102 (D): Public Libraries


Table of Contents:

1. Introduction

"Library Legislation" refers to laws and regulations specifically enacted to govern libraries' establishment, operation, and management. These laws address various aspects of library services, including funding, accessibility, intellectual freedom, copyright issues, and the preservation of library materials. Library legislation ensures that libraries can fulfil their roles as information hubs, educational resources, and cultural centres while protecting the rights and interests of library users and the broader community.
Library legislation can vary from one jurisdiction to another, reflecting local needs, cultural values, and legal traditions. Typical components of such legislation may include provisions for library funding, the freedom to access information, the confidentiality of library records, and guidelines for collection development and management. Additionally, library legislation may address technology-related issues, such as digital resources, internet access, and intellectual property protection.
Overall, library legislation plays a vital role in shaping the legal framework that governs the establishment and operation of libraries, supporting their mission to provide information, education, and cultural enrichment to the public.

2. Library Legislation in the UK

The initiation of British library legislation on August 14, 1850, marked a pivotal moment in the history of British library development. Interestingly, this legislative milestone did not stem from public demand or professional library advocacy but was the result of the efforts of several influential individuals.
Three of these individuals played particularly active roles, tirelessly working to codify public library development. William Ewart and Joseph Brotherton, both Members of Parliament, along with Edward Edwards, an assistant in the British Museum, are credited for this achievement. The concerted efforts of Ewart and Brotherton within the House of Commons led to the enactment of the legislation, while Edward Edwards contributed crucial data to support this legislative endeavour.

3. Library Legislation in the USA: A Historical Perspective and Evolution

The origins of free public libraries in the United States can be traced back to the forward-thinking initiatives of Peterborough, New Hampshire. In 1823, the Peterborough Municipal Council earmarked funds in its budget to establish a free public library, marking the inception of public libraries in the modern sense. The legislative journey in the USA dates back to 1848, establishing the Boston Public Library through an Act passed by the General Court of Massachusetts. Following this, New Hampshire, in the subsequent year, legally empowered cities and towns to establish libraries, along with the provision to levy a separate tax for library funding.
Presently, every state in the USA has a Public Library Act, forming the legal foundation for creating and administrating public libraries, as well as tax provisions. While these Acts vary between states, some are comprehensive, covering various library types, including city, town, village, district, regional, or school district libraries. Familiar with all Acts is the principle that library use should be free for the residents of the concerned municipalities. Additionally, a notable feature across many Acts is the requirement to maintain proceeds from library taxes in a distinct fund, the library fund, preventing intermingling with other funds of the tax-collecting authority.
The evolution of federal legislation in the USA was gradual. The Library Services Act of 1956 marked the first general library law at the national level, emphasising a national commitment to supporting libraries in the broader educational program. Initially applicable to rural areas, it was amended in 1964 to encompass urban areas, leading to its renaming as the Library Services and Construction Act. This pivotal legislation allocated funds for library services and inter-library cooperation, underscoring the national significance of libraries in education.
Library legislation in the United States has undergone a significant historical evolution, shaped by the changing needs of communities, technological advancements, and a commitment to intellectual freedom. This overview draws from authoritative sources to provide insights into the key milestones and trends in the development of library legislation in the USA. Library legislation in the USA reflects a dynamic interplay of historical context, societal needs, and technological advancements. As communities evolve, so will the legislative frameworks that govern libraries, ensuring their continued role as vital hubs for education, information, and intellectual freedom.

4. The Journey to India's First Library Act

In 1924, during his visit to the UK, Professor Ranganathan witnessed the impact of the Library Act and recognised the pivotal role that library legislation could play in establishing a comprehensive network of public libraries accessible to all sections of society with public funds.
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