Putting the ‘Public’ Back in Public Libraries
Restructuring the Governance of Public Libraries in Maharashtra
This summary is also available in Marathi.
Maharashtra has a rich history of public libraries run by the government as well as charitable institutions. The public libraries in the state are regulated under the Maharashtra Public Libraries Act, 1967 (“MPLA”). The working and maintenance of the public library system in Maharashtra is overseen by the Directorate of Libraries. The MPLA primarily deals with two types of public libraries: (i) government libraries; and (ii) grant-in-aid libraries. The government libraries are established at the state, divisional, and district level and are under the complete control of the state government. The grant-in-aid libraries are run by private, non-governmental and charitable institutions and given recognition by the Directorate of Libraries in accordance with the criteria laid down in the MPLA.
Due in part to the public library movement as well as the MPLA, Maharashtra, with 12,229 libraries, has the highest number of public libraries in India. However, public libraries in Maharashtra have been afflicted with various issues since 1967. By analysing the present state of the public library system in Maharashtra, we find that the MPLA requires updating to tackle the changing landscape of public libraries in the state.
With this report, we aim to contribute to the limited body of literature documenting the working of the public library system in Maharashtra. We analyse the government reports, state assembly debates, model library bills, and public library legislations enacted by other states to observe that the public libraries in Maharashtra are falling short of their goal of being vibrant community spaces within society.
We discuss the key reasons for the failure of the MPLA to adequately promote establishment and maintenance of public libraries across the state. Additionally, through our consultations with government officials and civil society organisations (CSOs) working in the public library space, we present certain recommendations for the MPLA with an intent of reforming public library legislation in Maharashtra and fostering further debate and deliberation on the importance of the public library system in general. In this report we discuss the salient aspects of the MPLA and other allied issues such as the role of library authorities, levy of membership fees, accessibility for the differently-abled, stocking of books, and providing community spaces, among others.
This report starts by presenting the contextual background and history of the public library system in Maharashtra. It then discusses the establishment of public libraries under the MPLA to suggest that the government must take on greater responsibility of establishing public libraries, especially in areas still underserved by libraries. The next part outlines the key authorities envisaged under the MPLA as well as their roles and responsibilities. It suggests decentralisation of important financial and administrative powers and involvement of Panchayats in the district library associations and councils. The report also discusses the importance of funding for the operational efficiency of public libraries and suggests that the government should revise grants devolved to the states and also consider introducing cess as an alternate form of revenue source for financing public libraries. Relevant here is the role that public library employees play and how funding issues also affect staffing and thereby management and administration of public libraries.
The next part underscores the importance of adopting methods of publicity and marketing by libraries to reach out to their communities. The report emphasises the important role played by public libraries in the development of their communities and also as a community recreational space. It also discusses the need for public libraries to adapt to the rapidly developing information and communication technologies. The next part analyses the barriers faced by persons with disabilities in accessing library services and suggests amendments to the MPLA to foster universal access to knowledge and information. Finally, we conclude that the MPLA must be amended to equip public libraries to play a transformative role in providing educational and cultural development within their communities.
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About the Authors
Dr. Rahela Khorakiwala was a Senior Resident Fellow at Vidhi and lead the work for Vidhi Maharashtra. Rahela completed her MPhil/PhD from Jawaharlal Nehru University in Delhi, her LLM from NYU School of Law and her LLB from GLC in Mumbai. In the past, she has worked with the World Bank for a project in Kabul, the Ministry of External Affairs on an international maritime dispute, the law offices of Federal & Company in Mumbai and did a post-doctoral fellowship at the Max Planck Institute in Germany. She recently published her first book titled, From the Colonial to the Contemporary: Images, Iconography, Memories, and Performances of Law in India's High Courts which is an ethnographic study of the first three colonial high courts of India. Rahela has several publications to her credit, including contributions to the Indian Law Review and the Asian Journal of Law and Society.
Sakshi was a Senior Resident Fellow at Vidhi Maharashtra. She graduated from Gujarat National Law University, Gandhinagar (GNLU) in 2019 with a B.A., LL.B. (Hons.). Prior to joining Vidhi, she worked with Trilegal, Mumbai in its dispute resolution team and thereafter with a med-tech start-up in the intellectual property law department. While in college, she co-founded a sports law blog called 'KhelAdhikar' and has published articles on gambling laws. She is interested in laws relating to intellectual property rights, sports and dispute resolution.
Pratik Dixit was a Research Fellow in Vidhi's Maharashtra office. Prior to joining Vidhi, Pratik briefly worked as a Trainee Associate at Ira Law on a variety of matters with a focus on technology law and intellectual property law before the Delhi High Court. Pratik graduated from the National Law School of India University, Bangalore (NLSIU) in 2021. He is particularly interested in constitutional law, technology law, and intellectual property law. His work on these topics has appeared in a number of academic journals including the Indian Law Review and Computer Law and Security Review. His hobbies include reading fiction and astrophotography.