FB   
 
Powered bysps
        Society for Policy Studies
 
 

 
Hurting heritage
Updated:Jul 14, 2017
 
Print
Share
  
increase Font size decrease Font size
 
By Vandana Chavan 
 
 
The government has approved changes to the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 to allow “public works” near these structures. If Parliament clears these amendments, national monuments will be threatened.
 
 
When we think of the iconic monuments in India, images of the Taj Mahal, Ajanta Caves, The Great Stupa at Sanchi and the Sun Temple of Konark, among others, come to mind. But there are thousands of amazing historical treasures in our country. My home city, Pune, has the eighth century rock-cut temple of Pataleshwar, the more “modern” Aga Khan Palace — which blends several architectural styles — and the resting place of Kasturba Gandhi, as well as the Shaniwar Wada, the epicentre of the mighty Maratha empire.
 
 
All these are designated as “ancient monuments of national importance” and protected under the AMASR Act. The Archaeological Survey of India is the custodian of these monuments. That these monuments are in trouble is no secret.
 
 
Despite its rhetoric about protecting and promoting the ancient culture and civilisation of India, the government has decided to dilute an important piece of legislation that was passed when the UPA held office at the Centre. During the UPA regime, there was a realisation that protecting critically threatened monuments was becoming difficult.
 
 
Encroachments and illegal construction close to these monuments were happening on a large-scale and the penal provisions in the AMASR Act for endangering ancient monuments were not stringent enough to provide effective deterrence. As a result of the increased pressure of habitation, especially in urban areas, protected monuments and sites were getting hemmed in from all sides. This affected their safety, security and aesthetics. The AMASR Act was substantially amended in 2010 to strengthen several of its provisions.
 
 
The main features of the amendments were the creation of a “prohibited area” 100 metres around every national monument where no construction, public or private is permitted, “regulated area” 200 metres beyond the prohibited area, where any construction requires permission of a newly constituted National Monuments Authority. Given the unique nature of each monument, the Act also proposed heritage bye-laws for each monument to be prepared by an expert body.
 
 
The UPA government’s decision to designate a 100-metre prohibited perimeter around every monument was upheld by the Supreme Court of India. Responding to a Delhi High Court verdict, the apex court in Archaeological Survey of India vs Narender Anand And Ors,opined, “High Court’s anxiety to maintain a balance between the dire necessity of protecting historical monuments of national and international importance and development of infrastructures is understandable, but it is not possible to approve the fiat issued to the Central Government to review the prohibition contained in the notification.
 
 
The notification was issued by the Central Government for implementing the policy enshrined in Article 49 of the Constitution and the 1958 Act i.e. to preserve and protect ancient and historical monuments and archaeological sites and remains of national importance”.
 
 
The Court went on to say: “The Central Government must have issued said notification after consulting experts in the field and keeping in view the object of the 1958 Act. Therefore, in the name of development and accommodating the need for multi-storied structures, the High Court could not have issued a mandamus to the Central Government to review/reconsider the notification and that too by ignoring that independence large number of protected monuments have been facing the threat of extinction and if effective steps are not taken to check the same, these monuments may become part of history.”
 
 
The National Monuments Authority has been steadfast in refusing permission for construction within the prohibited areas despite tremendous pressure from private companies, and even the government. But the government in its zeal to push “development” at any cost — social, environmental or cultural — has proposed to dilute the AMASR Act.
 
 
It must be kept in mind that any construction, whether for a public project or private purpose, will pose risks to a monument. Allowing an exception for “public works” will open a Pandora’s Box, and it will be all but impossible for the National Monuments Authority or the Archaeological Survey of India to ensure that such construction do not pose a threat to a monument.
 
 
Public works are more often than not very large infrastructure projects. Allowing these in the immediate vicinity of a protected monument will defeat the very purpose of the AMASR Act and will be a violation of Article 49 of the Constitution.
The writer is an advocate and Rajya Sabha MP from the Nationalist Congress Party
 
 
 
 
 
Print
Share
  
increase Font size decrease Font size
 

Disclaimer: South Asia Monitor does not accept responsibility for the views or ideology expressed in any article, signed or unsigned, which appears on its site. What it does accept is responsibility for giving it a chance to appear and enter the public discourse.
Comments (Total Comments 0) Post Comments Post Comment
Review
 
 
 
 
spotlight image Relations between India and Morocco go back a millennium with the first recorded links dating to the 14th century, when the famous traveller and writer from Tangier, Ibn Batuta, travelled to India.
 
read-more
Stepping up action against terrorists attacking India, President Donald Trump's Administration has declared Hizb-ul Mujahideen (HM) a “global terrorist organisation” in an attempt to choke off financial and other support to it.
 
read-more
On 14 August 1947 Pakistan, consisting of East and West Pakistan, celebrated its independence. The 14th was chosen for the ceremony because Lord Mountbatten who came to Karachi as the Chief Guest had to later leave for Delhi where ot the midnight stroke India was to declare its independence.
 
read-more
The Doklam stand-off and a variety recent opinion pieces in magazines and newspapers draws attention to the poor state of defence policy preparedness and the lack of meaningful higher defence control in India. 
 
read-more
The two ideologically divergent ruling partners - the Peoples Democratic Party (PDP) and the Bharatiya Janata Party (BJP) - in Jammu and Kashmir are headed for a showdown as the debate over the abrogation of Article 35A of the Constitution of India heats up.
 
read-more
At the root of the present Doklam crisis is China’s intrusion into Bhutanese territory for its road building projects. These connectivity projects are integral to President Xi Jinping’s dream project, the Belt and Road Initiative (BRI). India and Bhutan were the only two countries that did not participate in the first forum
 
read-more
It wasn’t so long ago that the whole world watched as Donald Trump sashayed on to the Riyadh red carpet and stole the show with his tough talk on Iranian-sponsored terrorism.
 
read-more
A vehicular attack to maximise casualties and spread panic is now a well-tested terrorist strategy in European cities.
 
read-more
It is a privilege to be invited to this most prestigious of law schools in the country, more so for someone not formally lettered in the discipline of law. I thank the Director and the faculty for this honour.
 
read-more
Column-image

As talk of war and violence -- all that Mahatma Gandhi stood against -- gains prominence across the world, a Gandhian scholar has urged that the teachings of the apostle of non-violence be taken to the classroom.

 
Column-image

Interview with Hudson Institute’s Aparna Pande, whose book From Chanakya to Modi: Evolution of India’s Foreign Policy, was released on June 17.

 
Column-image

This is the continuing amazing spiritual journey of a Muslim man from Kerala who plunged into Vedic religion after a chance encounter with a Hindu mystic under a jackfruit tree in the backyard of his house when he was just nine. It is a story w...

 
Column-image

History is told by the victors but in our modern age, even contemporary events get - or are given - a slant, where some contributors soon get eclipsed from the narrative or their images tarnished.

 
Column-image

Humans have long had a fear of malignant supernatural beings but there may be times when even the latter cannot compare with the sheer evil and destructiveness mortals may be capable of. But then seeking to enable the end of the world due to it...

 
Subscribe to our newsletter
Archive