HERITAGE PROTECTION: NO PLACE FOR A BLANKET NORM
The recent amendments to the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act) have led to controversy. The bill amends the 1958 law, which defined a prohibited area as an area of 100 metres around a protected monument and barred construction in this area except under certain conditions. The amended bill now permits construction in prohibited areas for public purposes.
Heritage lovers and experts are unhappy with the amendment for three reasons: First, India’s diverse heritage presents a complex situation but the government has taken an easy way out by trying to solve all problems with a single blanket rule; second, solving a problem seems to be the larger goal of technocrats than ensuring that the proposed solution is the most appropriate one; and finally, these regulations were passed without any meaningful consultation with experts.
Heritage professionals have always contested the idea of 100 metres prohibited area and 200 metres regulated area around the protected monuments and sites. This rule was expected to apply uniformly, but it has not been as effective as it was intended to be. The key counter-argument is to consider each case as unique and devise conservation and development guidelines on the merit and significance of each specific case. This practice is prevalent in many European cities such as York and Edinburgh where there is no such blanket regulation prohibiting new construction, but every planning application is evaluated on its own merit.
In response to this argument, it was suggested that heritage by-laws for all centrally protected sites be prepared. This would help the National Monuments Authority (NMA) to regulate the conservation and development projects around these sites. Barring a few, a majority of heritage by-laws did not see the light of the day. Whose failure does this reflect – the profession-
NEWS OF THE WEEK
FEB 10: Ninety-eight defence services personnel are feared to have perished in the Antonov-12 freighter crash on February 7 afternoon in the mountains near Rohtang Pass. The four-engined aircraft was reported missing on its flight from Leh to Chandigarh.