Struggle to Protect Neglected Monuments -Archeology Laws in India

Author - Advocate Shubham Borkar Senior Legal Consultant at Vohra and Vohra and Pranay Bhattacharya

“The ASI needs to reach out to municipal councils in towns, village panchayats, elsewhere, to get them involved in preserving some of this. And you have to think of education—there isn’t a school anywhere where you don’t have monuments in the surrounding area. If you can actually integrate those localities and their histories into what you teach in schools, there will be a greater sense of that, well, this is something that needs to be preserved; it belongs to us. I think the state has failed there.

― Nayanjot Lahiri 

INTRODUCTION

The History of India’s monuments and heritage sites are as old as the development of Indus Valley civilization. The history of India is punctuated not only with diverse culture but also unrivalled monuments. It is important for us to understand the need to preserve and protect the monuments. 

In India there are lots of sites that people already know and talk about i.e. Taj Mahal, QutubMinar, Gateway of India etc, and the government is also making huge investments to protect such sites and monuments. As per the latest reports, there are 3693 centrally protected monuments/sites under the Archaeological Survey of India (hereinafter ASI). But, there are 1000s of other sites not known to the ordinary and therefpre owing to the lack of information in relation to these, it becomes difficult for the citizens to even recognize them and theirinformations are just limited to folklores of the locals.  These“ unprotected” also needs protection but are left helpless in the sweeps of dismal and destruction with the paucity of investments and proper upkeep by the government. These sites are left with the local people to preserve who neglect them anyway. These unprotected and neglected monuments disappear in the ashes of time with no one to look at and with the government turning blind eye to the destruction of these neglected monuments seeking no step for their protection. So there is need to preserve and protect the monuments and this article we will see how to protect our monuments ? 

These lesser know historical monuments have been left to the footfalls of destruction faced by inscriptions, spitting, writings, vandalism, places for graffitis and commercial hubs etc. 

This article specifically presents a word-picture of the monuments and architectural sites in Delhi and their neglected conditions. But, firstly we need to understand some general terms and Laws before we move on.   

CHRONOLOGICAL STUDY OF GENERAL LAWS GOVERNING MONUMENTS IN INDIA

Ancient India witnessed its first spark of protecting the monuments and cultural heritages with the enactment of Bengal Regulation XIX of 1810 which was then followed by Madras Regulation VII of 1817. Both the legislations were enacted as a measure to protect the public buildings in case of threat of misuse. 

Thereafter, the Act XX of 1863, empowered the government to prevent injury and preserve heritages for their antiquity, historical and architectural value. Further, to protect and preserve these monuments of archaeological and historical value Indian Treasure Trove Act, 1878 was enacted.

The protection and prevention of these heritages ushered in a new era with the enactment of The Ancient Monuments Preservation Act, 1904 (Act No. VII of 1904). The Act meant to regulate the preservation and protection of monuments under individual or private ownership. Moving forward, Ancient and Historical Monuments and Archeological Sites and Remains (Declaration of National Importance) Act, 1951 was given effect as a measure to give “national importance” to the recognized monuments by the former Acts.  The Act was repealed as Ancient Monuments and Archeological Sites and Remains Act, 1958 with various provisions to give effective and stringent control on the misuse of monuments.  Again in 2017, The Minister of Tourism and Culture introduced The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2017to take up Construction in ‘prohibited areas’ and similar other provisions. The Bill amends the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

India is also a signatory to UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972. 

UNPROTECTED MONUMENTS IN DELHI

One of the perks of living in Delhi is,  even while doing ones daily chores one is always around monuments. Delhi epitomes 174 National Protected monuments funded by the central government and 33 state protected monuments. These monuments include ancient mosques, baolis, havelis, walls, gateways, forts, gardens etc and are protected under Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004. 

Monuments like India Gate, QutubMinar, Red Fort, Humayun's Tomb and other recognized monuments are in the eyes of public eyes. But, what about the neglected monuments those die due to isolation and lose its cultural as well as economic value over time. Monuments such as Malcha Mahal, Tomb with Three Domes, Alipur Cemetery, The site of Siege Battery, The ShamsiTalab, The Nicholson statue, QuilaQuadamSharief, Daryaganj City Wall and many more to name lie in a neglected state in the Capital of the country and go missing overtime. These monuments form a small select minority out of the 1000s of other such monuments that are left in the hands of succumbing destruction and are completely forgotten sneering away in neglect that stands abandoned in the wreckage. 

According to the ASI only those monuments are conserved and preserved that falls in the bracket of “protected monuments” as per the ASI. The question here is what about the unprotected and unrecognized monuments? Should they be left in such dilapidated state and wreckage? Or, should they be recognized and preserved for connecting our bygones with our present generations? 

AGENCIES, LAWS AND PROGRAMMES PROTECTING MONUMENTS AND HERITAGES IN DELHI  

●        ASI (Delhi Circle): The ASI under the Ministry of Culture has divided the entire country into 24 Circles for the maintenance/ upkeep/ up gradation of ancient monuments and archaeological sites and remains of national importance. Currently, the Delhi Circle is responsible for maintenance and preservation of 174 monuments in the Union Territory of Delhi. 

●        Delhi Development Authority (DDA): DDA was created in 1957 in order "to promote and secure the development of Delhi" It has been instituted to protect and preserve those unknown monuments which do not come under the purview of ASI. From, 1993 onwards DDA has also instituted Urban Heritage Awards to encourage individuals in order to promote and preserve the state heritages and monuments that are left neglected. In so far, DDA has awarded 17 buildings on the basis of their architectural value and maintenance. 

●        INTACH (Indian National Trust for Art and Cultural Heritage), Delhi Chapter: This project has undertaken various organized activities, awareness programmes, filed PILs and published journals for promoting and protecting threatened heritages and monuments.  

●        The Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004: An Act framed to protect and preserve Ancient and Historical Monuments and Archaeological Sites and Remains other than those declared to be of national importance and for the regulation of excavation of archaeological sites other than those declared to be of national importance in the National Capital Territory of Delhi.

●        On a similar trend, analogous measures have been taken by state authorities such as New Delhi Municipal Council set up Heritage Conservation Committee (HCC), Delhi Urban Art Commission (DUAC), Delhi Tourism- Heritage, Master Plan for Delhi-2021 etc.

Additionally, many states have also proposed respective state laws to protect monuments and places of national importance. Some of these are Tamil Nadu Ancient Monuments and Archaeological Sites and Remains Act, 1966, The Hampi World Heritage Area Management Authority Act, 2002, Orissa Ancient Monuments and Preservation Act, 1956, Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961, The Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964, Victoria Memorial Act, 1903, Salar Jung Museum Act, 1961 etc. 

RIGHTS, DUTIES AND LAWS FOR PROTECTION OF MONUMENTS IN INDIA

There are various rights and duties conferred on the Indian citizens enacted as a measure to protect monuments and places of national importance. Some of these are:

●        Article 51(f): to value and preserve the rich heritage of our composite culture 

●        Article 49: Protection of monuments and places and objects of national importance It shall be the obligation of the State to protect every monument or place or object of artistic or historic interests, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

●        Entry 67 of the Union List: Ancient and historical monuments and records, and archaeological sites and remains, [declared by or under law made by Parliament] to be of national importance.

●        Entry 12 of State List: Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those [declared by or under law made by Parliament] to be of national importance.

●        Entry 40 of Concurrent List: Archaeological sites and remains other than those 1 [declared by or under law made by Parliament] to be of national importance

●        Section 30: Whoever destroys, removes, inquires, alters, defaces, imperils, or misuse a protected monument, or removes from a protected monument any sculpture, carving, image, bas-relief, inscription, or other like object shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both. 

JUDICIAL INTRVENTION

The issue of protection and prevention of monuments has also been taken up by State HCs and Supreme Court through numerous Public Interest Litigations (PIL) in cases such as Taj Mahal Trapezium Case, Subash Dutta v. Union of India, S.N. Bhardwaj v/s Archaeological Survey of India & Others and many others, demanding protection of neglected monuments which are under the toll of misuse such as theft, robbery, causing damage etc.

WHAT CAN WE DO for the protection of monuments and places of national importance ?

Some of the steps that we (as citizens) can take up for the protection of monuments and places of national importance are: 

●        Set up grievances cell in that particular monument.

●        Launch cleanliness drives.

●        Proper security arrangements and inquiry measures to prevent damage and destruction. 

●        The government should conduct periodical surveys. 

●        State Laws should be more inclusive and stringent to include neglected monuments.

●        By Participatory Spatial Planning Process.

●        Documentation of Sites which have historical and architectural value

●        Voluntary contribution and adoption of monuments and heritages by private individuals 

●        Schemes such as National Heritage City Development and Augmentation Yojana (HRIDAY), Adopt A Heritage project, SwachhParyatan Mobile App should be launched

COMPLAINTS AND REDRESSAL 

In case of any complaints and redressal for neglected monuments and heritages, the following can be contacted at: 

●        Ministry of Tourism at https://pgportal.gov.in/ 

●        Delhi Circle Office at circledel.asi@gmail.com and circledelhi.asi@gov.in

CONCLUSION 

Looking through the closer lens, a comprehensive 360 degree measure addressing the aforementioned issues are important and critical for the survival and sustenance of these neglected monuments. By 360 degree I mean, government doing their half of protecting, launching campaigns, policies and structures to protect these unprotected monuments and we doing our by not vandalizing, destroying, spoiling or in any other manner causing harm to these monuments and also report the “ harm caused by  others” to the appropriate authority 

At present, most of the neglected monuments are left to the dismay of graffitis, inscriptions, disfigurement, destruction, spoliation, vandalism and have become ruins of garbage, places for mushrooming commercial activities and shelters by migrant labourers. These unprotected monuments embrace no place in the eyes of ASI. These monuments belong to nobody and everybody. 

In these modern times due to urbanization, these monuments have become natural enemies of physical plunder in the midst of modern cement structures. These monuments gradually lose their significance in the budding wretchedness of urbanization and additionally neglect by the concerned departments. They lose their architectural significance disconnecting people from their history. 

So, the burning question that fumes up are does mere recognition and registration of these monuments will help elevate the knowledge and preservation of our valuable heritages and monuments? Is the only viable solution is to get recognized by ASI or complete destruction? How these monuments will be viewed by the generations to come?  

This system of preservation of only “protected monuments” creates a bias towards other monuments and distorts the history of important facts and facets of valuable legacy. Therefore, an urgent and stringent call for action is necessary to prevent destruction and vandalism of not only the recognized and protected monuments but also the unknown remainders of the sublime past. 

Protection and preservation can not only allow us to save our cultural value adding to economic growth due to tourism but also create an embodiment of vibrant vicinity. A serious and focused development plan and programme of these monuments may develop a closer engagement with our dying history.

The dilemma here is how the neglected monuments can be protected from further deterioration and what are the conservational plans that can be implemented by the government and respective state authorities because of the need to preserve and protect the monuments.  Revert back in comments section with your ideas and opinions. 

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