A building, monument, structure, graveyard, cave, rock carving, engraving, or monolith that has been in existence for over a hundred years and is of historical, archaeological, or artistic interest is referred to as an ancient monument by the Archaeological Survey of India (ASI).
In addition to being works of art, they provide a glimpse into the heritage culture of prehistoric communities. They are among the most popular tourist locations. They are essential elements that ensure our culture and senses of pride are shared worldwide.
Constitutional Foundation
Every monument, location, or thing of artistic or historical interest that has been designated as being of national importance by a statute passed by Parliament must be secured by the State from any damage, destruction, deformity, removal, disposal, or export, as the case may be, according to Article 49 of the Indian Constitution.
Every Indian citizen has a duty to respect and preserve the rich heritage of their culture, as stated in Article 51 A (f) of the Indian Constitution.
Destroying Heritage Monuments: Criminal Offence or Not?
In order to enforce severe penalties on those who destroy heritage monuments and historic sites of national importance, the Lok Sabha adopted an amendment to the Ancient Monuments and Archaeological Sites and Remains Act of 1958 in the year March 2010.
The previous punishment for this type of infringement, which was three months of imprisonment and a fee of 5,000 rupees, has been enhanced to two years in jail and a fine of up to one lakh rupees if the offender is found guilty of destroying or abusing any protected heritage monument.
Merely beginning works and construction in the regulated area without the Competent Authority's approval is punishable by two years of imprisonment and a fine of one lakh rupees.
The penalty has been enhanced to ensure that the penalty serves as a deterrent and that nobody dares engage in illicit action as specified by the Act. The Act imposes strong sanctions on Central Government personnel who are found indulging in any illegal or forbidden behaviour.
Under the virtue of Section 425 of the Indian Penal Code, mischief is defined as the intentional destruction or damage of property that results in unjust loss or harm. It carries a maximum three-month sentence in jail, a fine, or both.
Judicial Pronouncements
The State High Courts and the Apex Court have also tackled the problem of safeguarding and preventing heritage monuments in various Public Interest Litigation (PIL) cases, such as the Taj Trapezium case, Subash Dutta v. UOI, and many more.
In these situations, neglected monuments must be protected since they are being mistreated, which includes theft, robbery, and vandalism.
Role of Lawyers to Protect the Heritage Monuments
Essentially, a lawyer's job is to have any allegations against you dropped by reviewing earlier court decisions.
Consequently, case law is important when the law does not explicitly describe the activity as mischief. When the defense lawyer is able to persuade the Court that either there is no "reasonable prospect of conviction" or that continuing would not be "in the public interest," the majority of these cases are dropped before trial.
In the latter scenario, it is frequently quite helpful for the accused to seek counselling to address the conduct in an effort to persuade the Court to drop the charges.
You will require legal representation to protect yourself from any criminal accusations related to the damage of any heritage monuments. You can hire criminal lawyer in Kolkata to help you respond to the claims and defend yourself from facing criminal penalties for the damage of any heritage monuments in Kolkata.
You can also hire Criminal lawyers in Pune to help you respond to the claims and defend yourself from facing criminal penalties for the damage of any heritage monuments in Pune. Similarly, you can acquire the services of criminal lawyers in delhi to assist you in defending against any criminal accusations brought against you in relation to the damage of any heritage monuments in Delhi.
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