Unit 3.1 : Library Legislation: United Kingdom, United States of America and India.
MLIS-102 (D): Public Libraries
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.
• The 1850 Library Act and its Proponents: The 1850 Act, spearheaded by William Ewart, a Liverpool native with a Scottish heritage and a distinguished forty-year tenure in Parliament, played a crucial role in shaping British library development.
• Formation of the Select Committee: Ewart, who had previously championed various social reforms, recognised the need for library legislation to establish public libraries across England. Collaborating with fellow parliamentarian Joseph Brotherton, Ewart successfully persuaded Parliament in 1849 to form a Select Committee, with Ewart as its Chairman, to draft library legislation.
• Edward Edwards and International Perspectives: During this period, Edward Edwards contributed significantly by presenting a paper titled "A Statistical View of the Principal Public Libraries in Europe and the United States." Edwards, an assistant at the British Museum, provided valuable insights into the state of public libraries abroad and in Britain, offering evidence to the Select Committee.
• Introduction and Passage of the Public Libraries Bill: In February 1850, Ewart introduced the Public Libraries Bill, which received royal assent on August 14, 1850.
• Provisions and Adoption Challenges: The Act granted municipal authorities with a population of 10,000 or more the power to adopt its provisions. Adoption required a two-thirds majority vote, with no possibility of holding a new poll for two years if it failed.
• Financial Framework and Limitations: The Act allowed for the imposition of a rate of half a penny in the pound on the rateable value of assessed property. Expenditure was limited to building construction, fuel, lighting, fixtures, furniture, and staff salaries, with no provision for purchasing books. Books or funds for their acquisition were expected to come from benefactors.
• Early Adoption and Expansion: In the initial two years following the 1850 Act, municipal councils in Norwich, Winchester, Bolton, Ipswich, Manchester, and Oxford adopted the legislation. By 1854, three more boroughs—Blackburn, Sheffield, and Cambridge—had followed suit. The Act's influence extended to Scotland and Ireland in 1853, marking a significant milestone in developing public libraries in the United Kingdom.
2.1 Subsequent Amendments
The 1850 Act, while establishing a fundamental principle for public libraries, faced practical challenges that hindered its success. The severe restrictions on adoption, spending limits, utilisation of funds, and adoption methods posed significant obstacles. In 1850, Edward Edwards assumed the role of Librarian at the Manchester Public Library and recognised the need for amendments to overcome these challenges. Consequently, in 1855, a crucial amended Act was passed with notable features:
• The rate limitation was raised to one penny.
• Purchase of books and newspapers was permitted.
• The power to establish a library was extended to any parish with a population of 5,000 or more.
Continuing his advocacy, Ewart, during his tenure as an MP, introduced another pivotal amendment in 1866. This amendment removed the population limit altogether, prescribing a simple majority for adoption instead of the previous two-thirds majority. Post-1866, there were several minor amendments in 1871, 1877, 1884, 1887, 1889, and 1891. However, a significant turning point occurred in 1892 when all preceding Acts were repealed, and a consolidated Act was enforced. Despite these legislative efforts, by 1900, only around 780 out of over 1000 boroughs and urban districts had adopted the Act. A noteworthy development during this period was the establishment of the Library Association in 1877, symbolising a landmark in the evolving landscape of library legislation.
2.2 The Public Libraries and Museum Act of 1964
In response to the recommendations put forth by the Roberts Committee, the Minister of Education, following consultations with local authorities, took significant steps to enhance the public library system. Acknowledging the importance of thorough examination, two working parties comprised of library and local authority representatives were established. These working parties, led by H.T. Bourdillon and E.B.H. Baker, delved into the technical aspects of efficient public library services and recommendations on inter-library cooperation.
The culmination of their efforts and the insights from the Roberts Report led to the enactment of the Public Libraries and Museum Act in 1964. This landmark legislation assigned the responsibility to the Secretary of State for Education and Science, empowering them to oversee and promote the continuous improvement of the public library service. The 1964 Act thus marked a pivotal moment, shaping the trajectory of public libraries and museums in the United Kingdom.
2.3 The British Library Act of 1972
In response to a comprehensive study led by the University Grants Commission's committee under Thomas Parry, the British Government took significant steps to address the state of university libraries in Britain. The Parry Committee Report 1967 highlighted the absence of a true apex in the national library system, advocating for establishing a British National Library.
Subsequently, the Secretary of State for Education and Science formed a new committee chaired by Dr. F.S. Dainton. This committee evaluated the functions and organisation of critical entities such as the British Museum Library, the National Lending Library for Science and Technology, and the Science Museum Library. Driven by the vision of creating a unified framework, the committee recommended the formation of a National Libraries Authority, emphasising control over reference units like the British Museum Library and the National Reference Library of Science and Invention, as well as lending libraries, including the National Lending Library for Science and Technology and the National Central Library.
Accepting these recommendations in principle, the government moved forward with legislation. The British Library Act of 1972 was enacted, officially coming into operation on July 1, 1973. This legislative milestone marked the establishment of the British Library, uniting various constituents under one national organisation and delineating its activities into three main fields: the reference service, lending service, and bibliographic service. The British Library emerged as a pivotal institution, shaping the landscape of library services in the United Kingdom.
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.
3.1 Early Foundations: The roots of library legislation in the USA can be traced back to the 19th century. According to the American Library Association (ALA), the establishment of public libraries gained momentum in the mid-1800s, with the first modern public library founded in Peterborough, New Hampshire, in 1833. The movement gained further support by passing the 1850 Massachusetts Library Enabling Act, which empowered towns to establish public libraries through local taxation.
3.2 Landmark Legislation: The Library Services Act (1956): One of the landmark moments in library legislation was the Library Services Act of 1956. The act, as detailed by the Library of Congress, aimed to extend library services to rural areas, providing federal funding to strengthen library resources. This initiative marked a shift towards federal involvement in supporting libraries and laid the foundation for subsequent national acts impacting libraries.
3.3 The Library Bill of Rights and Intellectual Freedom
The American Library Association's Library Bill of Rights, adopted in 1939 and revised over the years, has been instrumental in shaping library policies. The principles outlined in this document emphasise intellectual freedom, privacy, and the right to access information without censorship. The Library Bill of Rights has influenced local policies and state legislation, fostering a commitment to freely exchanging ideas within library environments.
3.4 E-Rate Program and Technological Advancements: In the late 20th century, technology brought new challenges and opportunities for libraries. The Federal Communications Commission's (FCC) E-Rate program, established in the Telecommunications Act of 1996, aimed to support affordable access to advanced telecommunications services for libraries and schools. This marked a crucial step in integrating technology into library services and ensuring digital inclusion.
3.5 Challenges and Responses in the 21st Century: Library legislation in the 21st century addresses evolving challenges, including digital rights, copyright, and privacy issues. The USA PATRIOT Act of 2001 raised concerns about the privacy of library records, leading to discussions on balancing national security needs with the protection of intellectual freedom.
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.
• Model Library Act: In 1930, Prof. Ranganathan took a significant step by preparing the "Model Library Act" and presenting it at the All Asia Educational Conference in Banaras. This model act served as a blueprint for guiding the establishment of effective library legislation.
• Attempt in Bengal: Kumara Munindra Deb Roy Mahasay of Banasberia, inspired by Ranganathan's efforts, collaborated to draft a library bill for Bengal. Unfortunately, the bill faced rejection by the Governor General of India due to specific compulsory clauses.
• Efforts in Madras: In 1931, Janab Basheer Ahmed Sayyad introduced a Library Bill in the Madras Legislature on behalf of the Madras Library Association. However, the bill did not pass as the Local Self-Government insisted on an amendment related to collecting the cess by local bodies. A second attempt in 1935 faced a similar fate as the Madras Legislature was dissolved.
4.1 First Library Act of India
Persisting in their efforts, the Madras Library Association, with the support of Ranganathan, achieved success in 1948. The then Minister for Education in Madras State, Honorable Avinasalingam Chettiar, played a crucial role in securing the passage of the Bill, marking a historic milestone. The enactment of the Madras Public Libraries Act in 1948 was India's first library legislation, a testament to Ranganathan's vision and dedication to promoting library services for the benefit of the community.
4.2 Union Bill of Ranganathan: Paving the Way for Library Development in India
In 1948, the Government of India took a significant step by appointing a committee to explore establishing a National Central Library in New Delhi. Dr. Ranganathan, a trailblazer in library science, played a crucial role in this initiative. His comprehensive report, titled "Library Development Plan: Thirty-Year Programme for India with Draft Library Bill for the Union and the Constituent States," outlined a visionary model for developing libraries in India.
The key features of the Model Act proposed by Ranganathan included:
• Establishment of a State Library Authority: Introduction of a governing body at the state level to oversee and coordinate library activities.
• State Library Committee: Formation of a committee at the state level to facilitate collaboration and decision-making in library development.
• Department of Public Libraries Headed by State Librarian: Creation of a dedicated department led by a State Librarian to oversee public library affairs.
• Local Library Authority at the District Level: Introduction of local authorities at the district level to address community-specific library needs and initiatives.
• Establishment of State Library Services: Creation of a comprehensive service infrastructure, including State Bureau for the Blind, State Bureau of Interlibrary Loan, and State Bureau of Technical Services.
• State Library Fund with Provision for Library Cess: Implementation of a state library fund, including provisions for a library cess to secure sustainable funding for library activities.
This visionary model, proposed by Ranganathan, laid the groundwork for a systematic and organised approach to library development in India. The incorporation of various authorities and services aimed to create a robust framework that could adapt to the population's diverse needs across different states and regions.
4.3 Indian Library Association’s Endeavors: Shaping Library Legislation in India - The 1989 Model Libraries Act
The Indian Library Association (ILA) has been pivotal in advocating for library legislation in India, consistently contributing to the cause since its early days. Here is a glimpse of its efforts:
4.4 ILA Early Initiatives:
• Circulation of Prof. Ranganathan's Model Bill (1942): ILA actively circulated Dr. Ranganathan's Model Bill in 1942 to various states, laying the groundwork for subsequent discussions on library legislation.
• Resolution at IX All India Library Conference (1948): During the IX All India Library Conference in Nagpur in 1948, ILA passed a resolution urging the Government of India to take steps toward library legislation.
• Seminar on State Library Legislation (1964): The Fourteenth All India Library Conference in Patna 1964 organised a seminar on State Library Legislation.
Discussions centred on the Model Public Libraries Bill, resulting in commendable amendments for its effective implementation.
• Further Seminars and Discussions: ILA continued its efforts with seminars in Chandigarh (1978) and Hyderabad (1981), exploring topics such as Library Legislation in India and taking a second look at existing frameworks.
4.5 Model Public Libraries Act, 1989
• Preparation by Dr. V. Venkatappaiah: In 1989, ILA, under the leadership of Dr. V. Venkatappaiah, Chairman of its Central Sectional Committee on Public Libraries, crafted a Model Public Libraries Act.
• Seminar in Collaboration with RRRLF (1990): This model legislation was discussed at a seminar held in Delhi on February 14, 1990, organised by ILA in collaboration with the Raja Rammohun Roy Library Foundation (RRRLF).
4.5.1 Salient Features of the Model Act:
• State Library Authority: Headed by the Minister for Libraries, emphasising political representation.
• State Library Council: A council to facilitate collaboration and decision-making at the state level.
• Department of Public Libraries: Led by a qualified person as Director for efficient administration.
• Library Authorities at Different Levels: Establishment of State, Regional, and City/District Library Authorities for localised governance.
• Various Boards and Councils: Creation of entities like the State Planning Board, Staff Welfare Board, Board of Library Education, State Book Development Council, and Adult Education Council.
• Inclusivity: Inclusion of grant-in-aid to private libraries to ensure a broader impact.
• Funding Mechanisms: Introduction of library cess and equal matching grants from the State Government for sustainable funding.
• Public Inquiry: Provision for public inquiry in case of any irregularity, ensuring transparency.
• State Library Service: Emphasis on establishing a comprehensive state library service.
ILA's Model Public Libraries Act of 1989 is a testament to its unwavering commitment to advancing library legislation in India, reflecting a holistic approach to library governance and development.
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