Historians oppose Monuments Bill

The News

• Lok Sabha has passed The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2017.

Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill

• The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2017 was introduced in Lok Sabha by the Minister of Tourism and Culture. 
• The Bill amends the Ancient Monuments and Archaeological Sites and Remains Act, 1958. 

Salient Features

• The 1958 Act defines a ‘prohibited area’ as an area of 100 meters around a protected monument or area.  The construction is prohibited in these areas, even if it is for public purposes.  Whereas, The Bill amends this provision to permit construction of public works in ‘prohibited areas’ for public purposes.
• The Bill introduces a definition for ‘public works’, which includes the construction of any infrastructure that is financed and carried out by the central government for public purposes and must be necessary for public safety and security and must be based on a specific instance of danger to public safety.  Also, there should be no reasonable alternative to carrying out construction in the prohibited area.
• If there is any question related to whether a construction project qualifies as ‘public works’, it will be referred to the National Monuments Authority.  This Authority, will make its recommendations, with written reasons, to the central government and the decision of the central government will be final. 
• The Bill empowers the National Monuments Authority to consider an impact assessment of the proposed public works in a prohibited area, including its:

1. Archaeological impact
2. Visual impact
3. Heritage impact. 

Fear of Historians

• Historians and archaeologists have expressed concern over amendments proposed to the Ancient Monuments and Archaeological Sites and Remains Act (1958).
• They fear that if the bill is passed then it could have disastrous consequences for historical monuments.
• According to historians, a historical monument has to be conserved by leaving enough space around it otherwise the monument itself may decay.

Government’s point of view

• The Ancient Monuments and Archaeological Sites Remains Act, 1958 (as amended in the year 2010) prohibits grant of any permission for new construction within the prohibited area of a centrally protected monument/ site. 
• Prohibition of new construction within prohibited area is adversely impacting various public works and developmental projects of the Central Government. 
• The amendment will pave way for certain constructions limited strictly to public works and projects essential to public within the prohibited area and benefit the public at large.