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Is Destroying Historical Monuments A Criminal Offense ?

A monument is a specific type of structure that was created with the intention of honoring someone or something; it may also have gained significance to a social group as a It has contributed to people's collective memory or cultural heritage due to its artistic, historical, political, technological, or architectural significance. Megalithic structures such as dolmens and menhirs, some of the first monuments, were erected for religious or burial purposes.


Among the numerous kinds of monuments are statues, memorials for past conflicts, old buildings, and cultural treasures. If the general public cares about the preservation of a monument, it might be added to the list of UNESCO World Heritage Sites.

Many pieces of legislation have been approved. Each State Party to this Convention acknowledges that it is their responsibility to attend to the identification, protection, conservation, presentation, and transmission of the cultural and natural assets, i.e., those places that may be taken into consideration for inclusion on the World Assets List. India has approved the World Heritage Convention of UNESCO.

India's length and breadth are covered in innumerable historical and cultural landmarks. These are of utmost significance to the wealth and power of our country. The tourism industry is flourishing as a result of these sites. Their preservation and protection from harm and devastation of any kind are the main objectives. An "ancient monument" is described by the Archaeological Survey of India (ASI) as "any construction, erection, monument, tumulus, or place of interment, as well as any cave, rock-sculpture, inscription, or a monolith that has been in place for at least a century and is significant from a historical, archaeological, or artistic standpoint.

Law:

  • In accordance with Article 49 of the Indian Constitution, "protection of monuments, sites, and objects of national importance Every monument, location, or item of artistic or historic interest that If something has been determined to be of national importance by or in accordance with a law passed by Parliament, it is protected by the State from spoliation, disfigurement, destruction, removal, disposal, or export as necessary.

  • The Indian Constitution's Article 51A (g) calls for the preservation and enhancement of the natural environment, including forests, lakes, rivers, and wildlife, as well as compassion for all living things.

  • The Prevention of Damage of Public Property Act of 1984 also protects these monuments. India is well known around the world for the extensive legacy of its forebears. Every legacy conveys a unique, lovely story from the past, giving the nation its own personality. Industries, terrorism, vandalism, pollution, land acquisition, agricultural activities, a lack of civic virtue, and building or sewages in the region are some of the threats to the legacy.

  • The Indian Parliament passed the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act) in 1958, which establishes rules for safeguarding priceless sculptures, carvings, and other similar artifacts as well as significant historical and archaeological sites and remains. For these offenses, the previous three-month term and fine of Rs 5,000 have been doubled to two years in prison and a maximum fine of Rs one lakh. Those who intentionally damage or deface the monuments will likely be discouraged by this.

  • The Antiquities and Art Treasures Act, passed in 1972, regulates the export of antiquities and art treasures and outlaws fraud and antiquities smuggling. Values found in India are governed by the 1878 Indian Treasure Trove Act.

India has 40 World Heritage Sites in total, including 32 cultural, 7 natural, and 1 combined site. The Archaeological Survey of India (ASI) is also in charge of 3,691 other monuments that have been classified as monuments of national significance. By fostering local economies, creating jobs and new businesses, and raising tax revenue for the government, India can protect its cultural and historic resources while also preserving them. The heritage resource needs to be made known to the community and to visitors, and they should be urged to support its preservation.

If the case has been filed in Kolkata, a Criminal Lawyer In Kolkata may be appointed. Likewise, if the case has been filed in Delhi then a Criminal Lawyers In Delhi can be appointed.

Lead India offers a range of information, legal services, and free legal advice to solve the issue. ask a legal question for free online and talk to a lawyer to receive the best advice in this situation.


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