Context
The ministry of culture’s proposal to allow construction near historical monuments betrays a lack of understanding of their value.
Issue: Proposed amendment to the Ancient Monuments and Archaeological Sites and Remains (Amendments and Validation) Act, 2010 (AMASR Act, 2010)
Amending the AMASR
A recent note of the culture ministry to the cabinet has a proposal to amend the law that accords protection to heritage sites in the country
What has been proposed?
The note suggests,
- Amendments to the Ancient Monuments and Archaeological Sites and Remains (Amendments and Validation) Act, 2010 (AMASR Act, 2010). The note concludes by referring to a 2016 bill to amend the act
- Supersession of ASI: Giving legal powers to the Central government with respect to new construction in protected sites by superceding existing bodies like the Archaeological Survey of India (ASI) and National Monuments’ Authority (NMA) respectively.
What, if the bill is cleared by the parliament?
If the 2016 bill is cleared by Parliament, construction could happen in the immediate vicinity of protected properties of national importance
Prohibited areas
Such “prohibited areas”, are within 100m of the delineated boundaries of monuments. Historic structures and archaeological remains are most susceptible to heavy vibrations, chemical effects or mechanical stresses in this zone
Colonial roots
The AMASR Act, 2010 and its 1958 predecessor can be traced to a colonial legislation, namely the Ancient Monuments Preservation Act, 1904, which deemed it “expedient to provide for the preservation of Ancient Monuments”.
- The blanket rule on the “prohibited areas” should, and has, been debated at various professional and academic for a
- Certainly a law originating from a colonial outlook needs review, given our current depth of knowledge on heritage. However, doing away with protection without survey and documentation, can be catastrophic
Proposals in the note
Author states that two of the three projects justified in the proposal have contradictions.
- Construction of elevated road nearby Akbar’s tomb: The first relates to the construction of an elevated road next to Akbar’s tomb at Sikandra to “reduce road accidents” and “for organised traffic movement”
- High speed traffic: While an elevated road would visually obliterate the historic structure, it would also encourage high-speed traffic,one of the leading causes of road accidents
- Traffic movement and automobile fumes would scar an elaborately painted gateway
- Vibrations: Cranes and piles operating in the immediate vicinity of the 500-year old Mughal structure will cause excessive vibrations
- Rani-Ki-Vav: The other project, Rani-Ki-Vav in Patan, Gujarat is slated to be the site for a railway track
- Whether a railway track is as irreplaceable or sustainable, as an 11th century, seven-storied, subterranean step-well demonstrating the best in water management in the past, is surely not a very difficult question to answer
- World heritage site: Incidentally, Rani-Ki-Vav is one of the recent most inclusions from India in UNESCO’s World Heritage List
Significance of Built heritage
- Public good: Built heritage is a significant public good and is recognised as such in the Constitution’s Seventh Schedule. It nurtures our collective memories of places and is a significant constituent in the identity of cities
- Repository of knowledge:It has invaluable potential to contribute to our knowledge of not just history and the arts, but also science and technology. Several buildings and sites throughout the country, even entire areas or parts of historic cities, are examples of sustainable development. They demonstrate complex connections of man with nature.Knowledge gained from such resources can provide constructive ways to address development challenges
