The Protection and Preservation of Ancient Monuments law
Author: Ria Mittal
ChanderPrabhu Jain College of Higher Studies.
Ancient monuments are anearnest historical structure or monuments. The monuments represents sphere of memories and they throw light on the former history of India. These monuments highlight the glory of India and heritage of our culture.
Thousands of tourists visit India to have a sight of its important historical attractions. The tourism industry is growing due to these monuments. Ancient monuments of country reflects the history of its country, and for this reason the government of every country try their best to save their monuments from any type of damage and destruction. The Archaeological survey of India [ASI] defines ancient monuments as “Ancient monuments means any structure, erection or monuments, or any tumulus or internet places, or some cave, rock-sculpture, inscription or monolith which is of historical, archaeological or artistic interest and which has remained in existence for not less than 100 years.”
The provision of Article 49 of the Indian constitution provides “it shall be the obligation of the state to protect every monument or place or object of artistic or historical interests to be national importance, from spoilation , disfringurement, destruction ,removal , disposal or export, as the case may be.” Article 51A(g) provides that “ It shall be duty of every citizen of India to preserve and improve the natural environment including forests, lakes, rivers, and wild life and to have compassion for living creatures.” The directive principles under the Indian constitutionaimed towards ideals of building welfare state.
The act by the parliament of India the ancient monuments and archaeological sites and remains act (or AMASR) which was passed in 1958. The act presents for the protection of ancient and historical monuments and formerly sites and remains of national importance, for the governance of archaeological excavations and for the preservation of sculptures, carvings and other like objects. The Archaeological survey of India works in accordance the arrangement of this act. The parliament has passed the following amendments in ancient monuments and archaeological sites remain bill, 2017-
• The act specify a ‘prohibited area’ as the area of 100 meters around a protected monument or area.The central government can extent the prohibited area across 100 meters. The act forbid construction in ‘prohibited area’.
• The bill defines a definition for ‘public works’,which contain the construction of any infrastructure that is financed and carried out by the central government for public purposes.
• In the presence of any question related to whether a construction project qualifies as ‘public works’, it will be referred to the national monuments authority. This authority ,will make its recommendations, with statements of reasons, to the central government will be final.
• The act confers the national monuments authority to measure the impact of the proposal public works in a prohibited area, including its (1) archaeological impact;(2) visual impact; and (3) heritage impact.
India is known worldwide for its rich heritage inborn by our ancestors. It is our responsibility to protect it and pass on the legacy to the coming generations with honor and pride. The annalists and archaeologists have showed their concern over proposals for amendments to ancient monuments and archaeological sites and remain act (1958). The prohibition of new construction within prohibited area is perniciously effecting various public works and development projects of the central government. The amendments thus concrete the way for certain constructions, limited public works and projects important to the people, within the prohibited area and benefit the general public.