Legal Framework of Indian Heritage

India is one of the countries that possesses a natural and cultural heritage that is extremely rich. In this regard, the preservation of historical structures needs to have the goal of protecting the cultural identity of the nation as a whole. At both the state and the central levels of government in India, a variety of policies and laws have been enacted with the goals of ensuring the cultural heritage is protected and well managed. It is important to note that many of us are not familiar with the legislation and legal framework that states are obliged to protect monuments, places, and objects of national importance under Article 49 of the Indian Constitution. This is something that should be addressed. It shall be the duty of the state to protect every monument or place or object of artistic or historical interests, declared by or under law made by Parliament to be of national importance, from being spoliated, disfigured, destroyed, removed, disposed of, or exported, depending on the circumstances. 

Legal Aspects

On November 16, 1972, UNESCO passed a convention pertaining to the Protection of the World Cultural and National Heritage. In some circles, it is also known as the World Heritage Convention. In addition to that, India is a signatory to the convention. The Bengal Regulation XIX of 1810 is considered to be India’s first law. The Madras Regulation VII of 1817 is considered to be India’s second piece of legislation. Both pieces of legislation date back more than two centuries. On the other hand, neither of the Acts contained any provisions pertaining to the buildings that were privately owned. The Antiquities Act (also known as Act XX of 1863) was passed in 1863 in order to give the federal government the authority to protect buildings that are significant due to their age, their historical or architectural significance, or both. The Indian Treasure Trove Act of 1878 was passed into law so that valuable artefacts that had been found by accident but held significant archaeological and historical significance could be protected and preserved. In order to safeguard such treasures and ensure that they are disposed of in accordance with the law, this Act was passed. When the Ancient Monuments Preservation Act of 1904 was passed into law, it marked the beginning of a new era for the protection of cultural heritage. This Act provided for the efficient preservation of, and authority over, monuments, particularly those that were in the care of individuals or were privately owned. Because this Act has not been declared unconstitutional, it is presumed to still be in effect. Next Act was The Antiquities Export Control Act, 1947 and Rules thereto, which provided a regulation over the export of antiquities under a licence issued by the Director General and empowered him to decide whether any article, object, or thing is or is not an antiquity for the purpose of the act, and his decision was final. The Act also provided that the Director General had the authority to decide whether any article, object, or thing is or is not an antiquity.

Intervention from the Courts

As we have seen above, it is the responsibility of the state to preserve the heritage; however, in the event that the state is unable to fulfill this responsibility, judicial intervention assumes the utmost significance. In this context, the Public Interest Litigation (PIL) tool becomes an important resource. Writ petitions can be submitted to the Supreme Court of India and High Courts under Article 32 and Article 226 of the Indian Constitution, respectively, to gain access to those courts. In the case known as the Taj Mahal Trapezium Case, a petition for a preliminary injunction (PIL) was submitted to the Supreme Court by M. C. Mehta in 1984 to protect the Taj Mahal from the surrounding industries. A judgement was handed down in 1996. In another case, M. C. Mehta filed a public interest litigation (PIL) petition in 2007 challenging the Taj Heritage Corridor Project, which had been approved by the government of Uttar Pradesh. Because of this PIL, work couldn’t continue on the project. In the case of Subhas Datta v/s. Union of India & Ors. (SC, Writ Petition No. 252 of 2004, decided on February 3, 2015), the petitioner filed a PIL with the Supreme Court on the issue of the protection of historical objects that are preserved in a variety of locations across the country, most notably in a variety of museums. He pleaded for the Supreme Court to issue an order mandating adequate security arrangements, an appropriate investigation into the incidents of theft and damage to several historical objects, and the creation of an inventory of articles that are currently available for use in the future. Recently, a lawyer named Ajay Jagga who works in the Punjab and Haryana High Court filed a public interest litigation (PIL) in the HC for the purpose of preserving the heritage property of Chandigarh in terms of its original design and construction materials. The notification was sent by HC to the Chandigarh Administration. The petitioner also emphasised the importance of compiling an inventory of the antiques, artefacts, and other items that have been gathered by the Chandigarh Administration. Heritage Bengal initiated a public interest litigation (PIL) petition in the hopes of obtaining a directive from the centre to attempt to retrieve the Kohinoor diamond from the United Kingdom. The Supreme Court of India will hear the matter along with other petitions that are currently pending that were filed by the All India Human Rights and Social Justice Front. Additionally, the front has pleaded with the government to be directed to bring back other treasures that belonged to various rulers, such as Bahadur Shah Zafar, the Rani of Jhansi, Nawab Mir Ahmad Ali Banda, and others.

Conclusion

As the pace of social and cultural change quickens, there is a corresponding increase in the number of calls for the preservation of heritage, both as a check on unwelcome change and even as a tool for effecting positive change. It is of the utmost importance that the cultural heritage of the Indian people be preserved before it is completely lost. In order to address all aspects of India’s heritage, there should be a single law that covers the topic in its entirety. We propose the establishment of a National Heritage Resources Management Authority that would be responsible for the conservation, protection, and research of India’s cultural heritage, in addition to the formulation of policy. In addition, there is an urgent requirement to educate the general public about the significance of preserving cultural heritage and to do everything in one’s power to do so. It is impossible for any conservation effort to be successful unless people understand the benefits of preserving their heritage as well as its value. In conclusion, it is the responsibility of each individual citizen of India to maintain and guard the legacy. Laws, regulations, and protocols won’t be effective unless we work together to accomplish this goal.