What is The Future of Indias Past?

We often saw a popular television commercial in which Mr. Aamir Khan

appear on the television screens and give the message that Atithi Devo
Bhava this campaign is related to behavioural awareness programme
among the general people. This campaign also carries with it the message of
preservation of the Indian historical monuments and heritage for promotion
of tourism industry in India.

We always talk about preservation of heritage in India as in the case of

above mentioned television commercial, 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. There are two type of heritage structure in India one is the
Protected and another is the Unprotected. Protected heritage is protected
by law. There are various governmental departments which take care of
these structures such as ASI i.e The Archaeological survey of India but it
protects only those monuments which are of national importance. Another is
the State Archaeology department which protects the monuments of
regional importance at the state level. There are also Municipal laws for the
protection heritage structures of particular locality eg. NDMC.

History of the Heritage Laws in India

France was the first country to enact a law in 1809 for the protection of
cultural property. India enacted in 1878, The Indian Treasure Trove Act. The
main points were that if an object exceeded the value of Rs.10 and was
more than 100 year old it was declared treasure. Later on it was followed
by Sri Lanka, Tunisia and Egypt.
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 Reorganisation Act, 1956.
In India there is no law relating to heritage and the term heritage is often
confused with monuments. Even though if it confused with monuments then
also only those monuments are protected which are of national importance.
If we take example of Delhi there are 1208 heritage structure among which
174 are protected by The Archaeology Survey of India and 100 structures
falls in the category of State Department of Archaeology. About 925 heritage
structures are still unprotected. So for this unprotected buildings municipal
bye-laws should be made and heritage regulation should be implemented in
each and every state of the country.

International Scenario Regarding Heritage Laws

There are many countries in which heritage laws and acts are already
implemented. For example United Kingdom National Heritage act 2002. The
act provides for preservation of all Heritage sites within the country. In UK
buildings more than twenty five years are considered as heritage structures.
In Sri Lanka there is Central Cultural Fund Act,1980. An Act provides for the
establishment of fund called The Central Cultural Fund to meet the
expenses incurred in developing, restoring and preserving cultural
monuments and development of religious and cultural activities in Sri Lanka
and abroad, and to provide financial assistance to artists, craftsmen, writers,
painters and others who are engaged in promoting cultural activities.

In Norway there is Cultural Heritage Act. The purpose of this act is to protect
archaeological and architectural monuments and sites, and cultural
environments in all their variety and detail, both as part of our cultural
heritage and identity and as an element in overall environment and resource
management. There is Cultural Laws in Philippines and there is also Czech
National Law which provides for establishment National Council, 1987, on
state care of monuments. In the country like India where every city has
thousands of heritage sites similar kind of legislations is required.
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.
Conclusion
One of basic concern should be that what is the future of Indias past. A
heritage lost once is lost forever. In recent years many historic monuments
have been destroyed. Invaluable works of art and manuscripts are discarded
without documentation and records. No one ever knows how many are lost,
stolen or damaged beyond repair. Even only one part of the handwrittern
Ramayana of Goswami Tulsidas is available now other part are lost this
shows our lack of concern for Indian heritage. At this rate our future
generation may never be able to experience the richness and wonder of our
heritage.
We have a responsibility to protect our environment and our heritage
whether it is preserving the character, beauty and greenery of our locality or
conserving the glory of those monuments which are of national importance.
It is also a fundamental duty of a citizen under article 51A of the Indian
Constitution to conserve and preserve our monuments. It is national
responsibility to safeguard these resources as scientific source material and
as an enduring basis for the experience of present and future generations
and for their self awareness, enjoyment and activities.

Only the campaign Atithi Devo Bhava is not suffice because atithi are
coming to see the heritage so first there should be maintenance of our
Heritage than we can attract more tourists and the motto of Atithi Devo
Bhava can be fulfilled. To attain all these goals government should
implement legislation because legislation is the cheapest and most effective
method of heritage protection. It does not help in the restoration of the
building but it prevents it from Bulldozer which is the biggest threat.
The first step towards protection of our heritage is the development of
heritage policies, regulations, and guidelines at national, state, regional and
local level.