Is Destroying UNESCO Monuments A Criminal Offense
Each state’s unique identity is rooted in its legacy, which is why great effort is being made to maintain and preserve it. One nation with a rich cultural and natural legacy is India.
In this regard, numerous policies and legislation are developed for preservation, conservation, and effective management of the cultural heritage at the state and central level in India. The preservation of historical structures must have the purpose of maintaining national cultural identity.
Constitutional Provisions:
- It is important to note that many of us are unaware of the laws and regulations that States are required to go by in order to safeguard monuments, important locations, and other cultural and natural resources under Article 49 of the Indian Constitution. Every monument, location, or item of artistic or historic interest that has been declared by or under a law established by Parliament to be of national importance must be protected by the State from spoliation, disfigurement, destruction, removal, disposal, or export, as applicable. Yet, the state is not abiding by the rule.
- On the other hand, we are unable to feel any sense of attachment to our cultural legacy as responsible citizens of the country. According to Article 51A(f) of the Indian Constitution, every citizen of India has a responsibility to cherish and protect the rich history of our composite culture. The security, protection, and preservation of a country’s artistic creations and cultural legacy depend on its citizens being aware of both national and state laws as well as international accords.
Legal Aspect:
On November 16, 1972, UNESCO enacted the Convention for the Preservation of the World Cultural and National Heritage. The World Heritage Convention is another name for it. India is a member of the convention as well. India’s first law, Bengal Regulation XIX of 1810, was passed more than 200 years ago. This was followed by Madras Regulation VII of 1817.
Unfortunately, neither of the Acts said anything about structures owned by private individuals. Hence, the Act XX of 1863 was passed to provide the government the authority to protect and maintain structures notable for their age, their historical significance, or their aesthetic worth. The Indian Treasure Trove Act of 1878 was enacted to safeguard riches that had been unintentionally discovered but had archaeological and historical importance.
This Act was passed in order to safeguard these treasures and ensure their proper disposal. The promulgation of The Ancient Monuments Protection Act, 1904 marked the beginning of a new era for cultural treasures. This Act gave effective protection and control over the monuments, especially those that were in private or individual hands. This Act is regarded as being in effect because it has not been repealed.
The following law, The Antiquities Export Control Act, 1947 and Rules thereto, set restrictions on the export of antiquities under a license issued by the Director General and gave him the authority to determine whether or not any item, object, or thing is an antiquity for purposes of the act. His determination was final.
The Act of 1951 Declaring National Significance for Ancient and Historical Monuments and Archaeological Sites and Remains. As a result, this Act re-designated all ancient and historical monuments, archaeological sites, and relics that had previously been preserved under “The Ancient Monuments Protection Act, 1904” as monuments and places of national significance.
There were also 450 monuments and sites in Part “B” States. Under Section 126 of the States Reorganization Act of 1956, a few other monuments and archaeological sites were also designated as being of national significance.
The Victoria Memorial Act of 1903, the Salar Jung Museum Act, the Rajasthan Monuments, Archaeological Sites and Antiquities Act, the Tamil Nadu Ancient Monuments and Archaeological Sites and Remains Act, 1966, the Hampi World Heritage Area Management Authority Act, 2002, the Orissa Ancient Monuments and Preservation Act, 1956, the Rajasthan Monuments, Archaeological Sites and Antiquities Act, 1961, the Madhya Pradesh Ancient Monuments and Archaeological Site
In order to comply with the World Heritage Convention, the Central Government introduced the National Commission for Historic Sites Law in 2009.
This commission will undertake research, produce periodic heritage maps, compile a list of heritage sites for nominations, provide periodic reports, and recommend short- and long-term policies to the state and federal governments. The current measure was dropped in 2015 following advice from numerous committees and stakeholders.
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