Heritage Laws
We always talk about preservation of heritage in India but do we know in real sense meaning of heritage? Heritage is often confused with monument of historical and archaeological importance. But Heritage sites include:-
a) Buildings, Art crafts, Structures, Areas and Precincts of historic and aesthetic and architectural and cultural significance and environmental significance.
b) Natural features of environmental significance and of scenic beauty including sacred groves, hills, hillocks, water bodies, open areas etc.
India is an ancient land of extraordinary natural beauty and artistic wealth. While governmental agencies are able to protect a few thousand monuments. There are thousands of beautiful historical sites that remain unprotected.
History of the Heritage Laws in India
In 1904, the Ancient monuments Preservation Act was passed for preservation of monuments, to exercise control over exploration in certain places and for the protection and acquisition in certain cases of ancient monuments. Archaeology was made central subject under government of India Act 1919. After independence the parliament passed ‘The Ancient Monuments and Archaeological Sites and Remains act’ in 1958. An act provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects. Only those monuments are deemed as ancient and historical monuments which are declared by Ancient Monuments and Archaeology Sites and Remains Act, or by States Re organisation. Act, 1956 State Regulations in some of the states
Delhi: The standing committee of the Municipal Corporation of Delhi had considered a draft regulation on November 27, 2002. As a result of writ petition and other efforts in Feb. 2004, Government of India have modified the Delhi buildings bye laws and added clause 23 entitled conservation of heritage buildings, heritage precincts and natural feature areas. This the first sectioned regulation in India which deals not just with man- made heritage and natural features of environmental significance but also covers natural features of scenic beauty.
Punjab: Punjab regional Town Planning Act, 1995 was formed on the lines of Maharashtra Town Planning Act, 1966. For the first time in any act Natural features of environmental significance have been specifically included in definition of heritage sites. The amendments act provides for protection of heritage sites not just for areas within municipal limits but also for areas outside municipal which come under the purview of regional plan.
Measures to be taken :
Legislative measures
1) A Model Heritage Bill could be prepared by the centre and sent to all the state governments with suggestion to enact the same. This could be either by separate enactments or by amendments to the existing town and country planning Acts as was done in the case of Maharashtra in august 1974.
2) Centre can enact an act by, inter-alia availing of the powers under entry 20 list III or under article 253 of the Indian Constitution.
3) Heritage regulations can be framed under Environment Protection Act, 1956.
4) Amendments can be passed in the Cantonments Act. This act governs sixty two cantonments in India which covers some of the finest built and natural heritage.
Organisational measures:
1) Nodal Ministry
Currently, other than for Archaeology sites, there is no ministry at the centre which caters to heritage sites. This needs to be rectified, and department of physical heritage needs to be created, both at the centre and the state level.
2) Field Organisation
The Archaeology Survey of India and state department of archaeology cater only to archaeological monuments and sites. There should be a Heritage Survey of India or Indian Heritage survey which would be an expert advisory body of Nodal ministry.
3) Heritage Advisory Committees
On the lines of Petroleum Ministry advisory committee on Environment and planning there should Heritage advisory committee.
4) Heritage Cantonment Committee
Similar to Poona Cantonment heritage committee there is need in every cantonment to constitute these types of committees for preservation of heritage structures in the cantonment area.
a) Buildings, Art crafts, Structures, Areas and Precincts of historic and aesthetic and architectural and cultural significance and environmental significance.
b) Natural features of environmental significance and of scenic beauty including sacred groves, hills, hillocks, water bodies, open areas etc.
India is an ancient land of extraordinary natural beauty and artistic wealth. While governmental agencies are able to protect a few thousand monuments. There are thousands of beautiful historical sites that remain unprotected.
History of the Heritage Laws in India
In 1904, the Ancient monuments Preservation Act was passed for preservation of monuments, to exercise control over exploration in certain places and for the protection and acquisition in certain cases of ancient monuments. Archaeology was made central subject under government of India Act 1919. After independence the parliament passed ‘The Ancient Monuments and Archaeological Sites and Remains act’ in 1958. An act provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects. Only those monuments are deemed as ancient and historical monuments which are declared by Ancient Monuments and Archaeology Sites and Remains Act, or by States Re organisation. Act, 1956 State Regulations in some of the states
Delhi: The standing committee of the Municipal Corporation of Delhi had considered a draft regulation on November 27, 2002. As a result of writ petition and other efforts in Feb. 2004, Government of India have modified the Delhi buildings bye laws and added clause 23 entitled conservation of heritage buildings, heritage precincts and natural feature areas. This the first sectioned regulation in India which deals not just with man- made heritage and natural features of environmental significance but also covers natural features of scenic beauty.
Punjab: Punjab regional Town Planning Act, 1995 was formed on the lines of Maharashtra Town Planning Act, 1966. For the first time in any act Natural features of environmental significance have been specifically included in definition of heritage sites. The amendments act provides for protection of heritage sites not just for areas within municipal limits but also for areas outside municipal which come under the purview of regional plan.
Measures to be taken :
Legislative measures
1) A Model Heritage Bill could be prepared by the centre and sent to all the state governments with suggestion to enact the same. This could be either by separate enactments or by amendments to the existing town and country planning Acts as was done in the case of Maharashtra in august 1974.
2) Centre can enact an act by, inter-alia availing of the powers under entry 20 list III or under article 253 of the Indian Constitution.
3) Heritage regulations can be framed under Environment Protection Act, 1956.
4) Amendments can be passed in the Cantonments Act. This act governs sixty two cantonments in India which covers some of the finest built and natural heritage.
Organisational measures:
1) Nodal Ministry
Currently, other than for Archaeology sites, there is no ministry at the centre which caters to heritage sites. This needs to be rectified, and department of physical heritage needs to be created, both at the centre and the state level.
2) Field Organisation
The Archaeology Survey of India and state department of archaeology cater only to archaeological monuments and sites. There should be a Heritage Survey of India or Indian Heritage survey which would be an expert advisory body of Nodal ministry.
3) Heritage Advisory Committees
On the lines of Petroleum Ministry advisory committee on Environment and planning there should Heritage advisory committee.
4) Heritage Cantonment Committee
Similar to Poona Cantonment heritage committee there is need in every cantonment to constitute these types of committees for preservation of heritage structures in the cantonment area.