WHAT IS TELEGRAPH?

The word telegraph is derived from the Greek words tele, meaning “distant,” and graphein, meaning “to write.”[1] Telegraph is any device which can be used to transmit any piece of information via coded signals across long distance however, in today’s world, telegraph is an out-dated device. Over the centuries, many types of telegraphs have been developed but telegraphs are generally understood as ‘electric telegraphs’ which used the wires or radio waves to transmit information. Radio waves are a part of the ‘electromagnetic spectrum.’ It is majorly used in radio and television broadcast.

The history of radio waves goes back to the year 1836 when telegraph was widely-used device for communication. It used combinations of dots and dashes as representation of today’s alphabets known as ‘Morse code.’ These combinations of dots and dashes can survive the disturbances much better than the human voice. Many years later this technology gave birth to telephones and radios. After the World War II ended, new technologies emerged which faded the use of telegraph.

INDIAN TELEGRAPH ACT, 1885

The Indian Telegraph Act, 1885 was enacted to amend the laws relating to Telegraphs in India. The said act came into force on 1^st October 1885. When this act was in the making, its main objective was to empower the Government or any company which is licensed u/s 4 of the Indian Telegraph Act, 1876, to give telegraph lines under or over the property of either private persons or public bodies.[2] For the reason that previously, the Governor-General in Council did not have the power to do so.

The government, any company or person who are given license u/s 4 of the Indian Telegraph Act, 1876 and authorized by a government officer can place and maintain the telegraph lines and posts under, over, along, across, in or upon the property of any “person” under part III of the Indian Telegraph Act, 1885. Here, the term person includes ‘body corporates.’

One of the main objectives of amending the Indian Telegraph Act of 1876 was to amend the definition of ‘telegraph’ so that it could be brought in conformity with the definition given under the English Acts by way of decision given by the High Court of Justice in England.

The term ‘telegraph’ is defined under Section 3(1AA) of the Indian Telegraph Act, 1885 as any device or apparatus which is able to transmit or receive signs, signals, writing, images and sounds or information of any character through wires, visual or other electro-magnetic emissions, radio waves or Hertzian waves, galvanic, electric or magnetic. An explanation is added to section 3(1AA) of the act which says that ‘radio waves’ or ‘Hertzian waves’ means electromagnetic waves that have frequencies lower than 3, 000 giga-cycles per second propagated in space without artificial guide[3]. Although the amendments of Act has included most of the technology under the ambit of the term ‘telegraph,’ the courts through their judgements have included telephone, television, mobile, radio, etc. Section 4 of the Act states that only Central Government has the right to establish, maintain and operate telegraphs within the territory of India. In cases of public emergency and safety, the Act empowers the Central Government to take possessions of licensed telegraphs under section 5.

For implementing the powers given the section 7(1) and 7(2)(e) along with sections 10, 12 and 15 of the said Act, the Central Government has made Indian Telegraph Right of Way Rules, 2016. These rules regulate the underground infrastructure and over ground infrastructure. The terms ‘underground infrastructure’ and ‘over ground infrastructure’ are defined under section 2(g) and 2(e), respectively. Over-ground infrastructure means telegraph lines which are made above the ground (mobile towers) while underground infrastructure means telegraph line laid beneath the ground (optic fibre).

The radio and television services are governed by the Indian Wireless Telegraphy Act, 1933. It is an Act which regulates the possession of wireless telegraphy apparatus and defines ‘wireless communication’ u/s 2(1) which is similar to the definition of ‘telegraph’ laid down in the Indian Telegraph Act, 1855. As a result, to broadcast using the wireless communication, broadcasting company needs to take two licenses under the latter Act- i) Grant of Permission which is issued by the Ministry of Information and Broadcasting under the Telegraph Act and ii) A wireless operating license from the Wireless Planning and Coordination Authority Wing of the Ministry of Communication and Information Technology under the Wireless Telegraphy Act.[4]

Radio services are of two kinds- AM radio and FM radio. Amplitude modulation radios or AM radios are used for two-way radio communication. These types of radios use medium or short wave frequency bands. Frequency modulation radio or FM radio is a way of transmitting any information with the help of carrier waves. FM uses frequency band of about 88 to 108 MHz[5]. All India Radio (AIR) offers both AM and FM radio.

CONCLUSION

Both telegraph and radio function on the radio waves. These radio waves help in transmitting information to long distances. The Indian Telegraph Act, 1885 regulates and amends the laws related to Telegraphs in India. On the other hand, the Indian Wireless Telegraphy Act, 1933 regulates the possession of wireless telegraph apparatus. In addition, all the radio and television services are governed by the above mentioned acts as these services fall under the definition of ‘telegraph’ as well as ‘wireless communication.’

REFERENCES

1.      Section of the Indian Telegraph Act, 1885 – Indian Act / Law / Statute / Kanoon – LawyerServices. https://www.lawyerservices.in/Indian-Telegraph-Act-1885-Statement-of-Object.

2.      India Together. http://indiatogether.org/uploads/document/document_upload/2139/blawbackgrounder.pdf.

3.      India Wireless Act, 1933 | Department of Telecommunications | Ministry of Communication | Government of India. https://dot.gov.in/act-rules-content/2419.

4.      The Foundations of Radio, Telegraph, Morse Code. https://www.cybercollege.com/frtv/frtv015.htm.

5.      Telegraph – The End of the Telegraph Era | Britannica. https://www.britannica.com/technology/telegraph/The-end-of-the-telegraph-era.

6.      Department of Telecommunications. https://dot.gov.in/sites/default/files/2016_11_18%20RoW%20Policy.pdf.

7.      Department of Telecommunications | Ministry of Communication. https://dot.gov.in/sites/default/files/Indian%20Telegraph%20Act%201885.pdf?download=1.