This article is written by Sneha Singh student at Dr Ram Manohar Lohia National Law University. This article talks about the protection of indigenous heritage. 

Introduction

The Heritages are important assets of the country they belong to and they need to be protected from being harmed. The indigenous heritages are a basic part of Indigenous identity and life. It is a gift from the ancestors to the next generation.

A few days ago my cousin talked about how she visited some heritage site in Rajasthan which she had already been to once when she was younger. She told me that the situation has changed so much and the site was damaged. With time its colour has also faded. She put forth some question that the sites are invaluable assets of our country so should their protection not be guaranteed? Are there any laws as such to protect these monuments? What are the risks to which the heritage sites are exposed and are there any feasible solutions for it?

Various indigenous heritages

Indigenous heritage is defined by the people according to their own perspectives, traditions and languages. A general definition of indigenous people would include in its ambit ideas, experiences, practices, knowledge, worldviews, objects, forms of expressions, spirituality, kinship ties and places valued by indigenous people. The indigenous heritage of a country is an essential part of the indigenous people’s well-being which is being held for many generations. 

Indigenous heritage is a very important aspect of a country and is important for the development of a country. The various cultural heritages, the buildings, the forms of expressions of the people need to be protected.

India’s rich heritage is an amalgamation of the country’s multi-millennial interaction which it had with different cultures due to the various foreign invasions is managed at the national, state and local levels. These bodies at different levels play a very important role in preserving the country’s various heritages.

Laws that govern indigenous heritage

There are certain laws made in the country to protect the indigenous heritage. Among them are-

In the Constitution

• Article 49 of the Constitution– It shall be the duty of the State to protect the various monuments, objects, places which are of artistic or historic importance from any spoliation, disfigurement, destruction, removal, disposal or export which are declared by or are declared by Parliament to be of national importance.
• Article 51A(f) of the Constitution- The article states that it is the fundamental duty of every citizen of India to protect and preserve the rich heritage of our country.
• Article 51A(g)– To protect and preserve the natural environment which includes forests, wildlife, lakes, rivers and to have the feeling of compassion towards them. 

The earliest of the laws relating to the indigenous heritage of our country

• With the beginning of a cultural renaissance in the early nineteenth century, Bengal Regulation XIX of 1810 was the first-ever legislation to talk about conservation of historical heritage followed by Madras Regulation VII of 1817. Both these regulations gave power to the government to look after the historical monuments and intervene whenever the monuments are under any threat. It does not apply for private structures.
• Act XX was passed in 1863 to protect the structures which bear national importance and are of architectural value. The Indian Treasure Trove Act 1878 provides for protection and preservation of treasure found accidentally but has archaeological value.
• The Ancient Monuments Preservation Act, 1904 allowed government authority over the privately-owned heritage structures. The Antiquities Export Control Act, 1947 which provides for the regulation related to the export of antiquities was passed. 
• The Antiquities Export Control Act 1947 mentioned about the export of antiquities under a license which is issued by the Director-General and he is the one empowered to decide whether an article, object or thing is antiquity for the meaning of the act and his decision was regarded as final.
• The Ancient and Historical Monuments and Archaeological Sites and Remains( Declaration of National Importance) Act, 1951– All the monuments and archaeological sites which were protected under the Ancient Monuments Preservation Act 1904 were re-declared as sites of national importance under this Act. Under Section 126 of the States Reorganization Act 1956, some more archaeological sites were declared to be of national importance.
• Ancient Monuments and Archaeological Sites and Remains Act 1958– It provides for protection and preservation of ancient and historical monuments and archaeological sites and remains of natural importance. It deals with the regulation of archaeological excavations and also the protection of sculptures, carvings and other like objects. 
• Amendment was passed in the year 2010 which mentioned to insert a few more provisions, one amongst them being constitution of National Monument Authority. To oversee the work of the other competent authorities. To make recommendations for grading and classifying protected monuments and protected areas to the central; government. Also, it suggested measures for the implementation of the Act.
• Antiquities and Art Treasure Act 1972– It provides for control over the cultural property which is movable consisting of antiquities and art treasures. Regulation of export trade in antiquities and art treasure. To prevent smuggling and fraudulent dealings in antiquities and to provide for compulsory acquisition of antiquities and art treasures for preservation in public places. It is thus supplemented with The Antiquities and Art Treasures Rules 1973. This Act also repealed the 1947 Act. India’s commitment to heritage was further emphasised when it became a signatory to UNESCO’s (United Nation Educational, Scientific and Cultural Organisation) World Heritage Convention which deals with the protection of global and national heritage.

Various State laws have been enacted in independent India

It includes- The Ancient and Historical Monuments and Archaeological Sites and Remains Preservation Act, 1956 of Uttar Pradesh mentions about the protection and preservation of historical monuments and remains in the State other than those declared by Parliament to be of national importance. The Heritage Commission Act 2001 of West Bengal provides for the establishment of a Heritage Commission in the state with the purpose of identifying the heritage buildings, precincts and sites and the necessary measures for their restoration and preservation. Other similar laws are the Tamil Nadu Ancient Monuments and Archaeological Sites and Remain 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; and the Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964.

Laws at the central level

All the nationally protected monuments fall under the jurisdiction of the Archaeological Survey of India (ASI). It is responsible for the conservation and protection of around 3650 monuments categorised as national heritage and functions under the Ministry of Culture. State protected monuments are looked after by the Directorate of State Archaeology and Museums. Besides their job of heritage conservation, the directorate is also responsible for excavation and exploration within the state and they also organise exhibitions, seminars and workshops. Many cities also have a city list of heritage sites which are considered to be of local significance and are administered by the local government.

Various risks to which the heritage are exposed

Heritages are exposed to various types of risks. India is among the countries with the highest risks of natural disasters, ranking third in the number of disaster events, second in disaster victims and it is fifth in terms of economic damage on account of natural disasters. 

The disasters vary from earthquakes, fires, floods, cyclones and drought. The change of climate has also posed greater damage along with the interference due to human activities.

Earthquakes, floods and tsunamis are a serious threat and cause lots of damage to monuments and historical sites.

Gujarat earthquake of 2001 reported that around 21 federally registered monuments across Kutch were destroyed completely. There were temples dating back to the 8th and 9th centuries and in the flattened town of Bhuj a 123-year-old museum was reduced to rubble.

The risk is also in the form of the cost involved. For instance, after damage or even before damage money is required for properly maintaining and restoring it in the case of a calamity. Other countries too are facing the impact of these natural disasters on their heritages. There was an earthquake in Christchurch in New Zealand which destroyed many iconic buildings in the city. Also after the disaster, it was not possible to restore all the buildings due to the reconstruction cost involved which made the Prime Minister remark that the city is now not like the old one. 

Another incident was of Nepal, the earthquake of 2015 which shook the capital city Kathmandu and the city became a city of tents from the city of temples. The valley surrounding Kathmandu is designated by UNESCO as a World Heritage site is known for its various temples, stupas and monuments. Many among these sites were affected by the earthquake.

After the mention of the calamities created by the natural forces, attention also needs to be paid on the activities of the human beings which deteriorate these monuments. The natural calamities can’t be controlled by humans but the activities of individuals which harm the monuments can be restricted. A good example of a monument being harmed by human activity is Taj Mahal situated in Agra. The white marble of Taj has turned yellow due to the extreme air pollution and due to the insects found in the water nearby which are due to the pollution. Various steps have been taken to protect the monument but none implemented to the limit to stop the damage. In 1996 certain steps were taken to protect the monuments in the TTZ i.e. Taj Trapezium zone which is around ten thousand square kilometres and the industries there have to follow those guidelines. The Supreme Court took a keen interest in this matter and asked for making a Vision Document which provides for a long term plan for the preservation of monument and it was to be submitted to UNESCO. 

These examples portray before us a picture of how hazardous these natural calamities are for heritage sites. And how it becomes difficult to restore them completely after these monuments are destroyed. So, the protection of these indigenous heritage sites becomes more important and more heed to be paid on the government as well as the individual level to protect them.

Key challenges in the protection of heritages

Disasters managers have paid less attention to protecting the heritage sites. If some calamity occurs then they don’t allow anyone to enter the area even the heritage personnel are not allowed in a situation where heritage is damaged. This shows the poor response from the government towards the management of the heritage sites. There are certain challenges related to heritage protection. They are as follows-

Heritage grading and documentation

To take better care of the buildings it is necessary to take steps like grading the sites on the basis of different criteria like analysing the monuments which need to be carefully preserved and the one which needs to be skillfully preserved. It depends on the value of a particular structure. 

The older buildings and particularly the ones which are one of its kind needs to be taken special care of. Where many monuments exist of particular kind of attention must be paid on preserving the ones which are most significant or most representative of a particular kind. 

Prioritisation should also be on the basis of being prone to disasters. Like certain monuments are more susceptible to disasters due to their location, material content and various other reasons.

It is also important to implement proper documentation relating to heritage sites. The documentation should be done keeping in mind the location, structure and the various risks related to it. To assist in the documentation of the technical details of the heritage structures use of three-dimensional (3D) mapping and GIS(Geographic Information System) is involved. 3D models are very helpful as they provide detailed information about a structure if it needs to be repaired in the event there is damage. If any heritage site is affected by disaster information regarding its current status and analysis in terms of preservation priorities should be made available.

Skilled workforce

It is very important for the protection of heritage to have a skilled workforce who can help in the restoration of the site if it is damaged. The person who heads the team should have specialisation and good knowledge to deal with the situation. Masons, artisans and other skilled personnel should be made readily available in case any mishappening happens to the heritage sites.

Financing

The issue regarding financing problems needs to be addressed. In India, the built heritages are under-funded by both private and public sources. Banks are very careful when they put their money in heritage projects as the success of such projects is not easy to establish. Some of the potential sources of funding for the preservation of monuments especially during the time of disasters can be as follows-

1. Some heritage sited have the potential to generate tourism and their upkeep can help to bring financial viability.
2. Various heritage sites are historically and architecturally very significant but they are not able to generate revenue. For such sites philanthropy can be a good option.
3. Money could be obtained from the World Heritage Site for the preservation of the heritage sites. Citizens can come forward and provide money for the maintenance of the sites.
4. Insurance for heritage sites can be taken out which bear significant importance and are of high priority in matters of disaster risk.

Steps that can be taken to protect the indigenous heritages

• By government

The government needs to pay heed and take steps to protect the heritage. Certain guidelines should be made for the proper implementation of the measures at the time of disaster. Proper staff should be appointed for any such occasions. The government should also make people aware of how essential it is to protect heritage sites. Laws should be made to punish people who harm them. The various industries like the ones involved in Taj issue should be punished accordingly. 

• By individuals

The individuals can be of great help when it comes to the protection of heritages. There are small ways which can make a big difference. Like when we visit any heritage site. I have myself seen people coming to see the site, bringing eatables with them and throwing their wrappers around everywhere. Many of us have seen scribbles made by people on the walls of the heritage sites. Although these may be a very small issue to discuss when it comes to the protection of indigenous heritage but these things also portray a very disappointing scene. People have to understand that by doing such small acts which may be negligible in their point of view they are harming the national heritage of our country. 

Conclusion

The Indigenous Heritage which is a part of our invaluable assets needs to be protected. It is the responsibility of each one of us to see that there are no damages as such to the sites due to our activities. The role played by each one of us is very important. The challenges which come in the way of protection of heritage sites need to be addressed and steps should be taken to tackle them.

References

• https://itsartlaw.org/2019/07/15/from-italy-to-india-cultural-heritage-and-the-risks-of-climate-change/
• https://www.orfonline.org/research/protecting-indias-built-heritage-against-natural-disasters-50592/

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