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Why Destroying National Monuments a Criminal Offense

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Construction activities are completely prohibited within the restricted and controlled areas of national historical structures or sites under the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validity) Act 2010. The new rule has surprised individuals who damage historic buildings and property developers who encroach on the neighborhood around them.


The modified Act designates a 200-meter radius region as regulated and a 100-meter radius area as forbidden from the national monument's edge. According to the law, if the National Monument Authority deems it necessary, this restriction may be increased. Even if the work is done as part of community service, the act outright prohibits construction operations there.


Under the new legislation, the sentence for destroying, changing, or improperly using a protected monument has been doubled from three months to two years in prison and from Rs 5,000 to Rs 1 lakh in fines. Merely carrying out construction in the regulated area without first obtaining consent from the Competent Authorities is punishable by two years in prison and a fine of Rs. 1 lakh.


The law holds Central Government representatives accountable for successfully implementing the Act. If the aforementioned officials fail to monitor building activity, the legislation mandates three years in prison, a fine, or both.

Reasons for penalizing:

  • Modern structures are often constructed using conventional building supplies like concrete, masonry, and readily accessible metals. The fact that so many buildings constructed before 1900 are still standing is a monument to the skill and attention to detail these builders exhibited. These buildings were frequently constructed of superior materials that were intended to survive the hardest weather conditions. Rarer materials like heart pine wood, which was utilized to produce flooring, walls, doors, and other architectural components, were also used in early 1900s buildings. Due to over-harvesting, these materials are extremely rare nowadays and are only present in these old houses. Historic preservation makes it possible for historians to study the fundamentals of how a building was made and past human endeavors.

  • Seeing historical structures and buildings from a city's or town's history is a big part of local tourism. Those who are exploring a new place could find it interesting to imagine what life was like before the great global wars, before automobiles, and before cell phones. Older structures have a charm that contemporary structures cannot match. They include distinctive features like weathered masonry, cobblestone walkways, and vintage street lighting that appeal to older tourists and capture the imagination of younger ones. Tourists are drawn to a historic building's flaws, such as the indoor furnishings, the several levels found throughout the structure, etc.

  • Threats to demolish ancient structures are always met with a flood of opposition from residents who want to keep a city's art and complexity. Historic structures are constantly in danger from landowners and city planners seeking methods to boost property value and make money. Yet if you demolish a historic structure that has weathered two world wars and extreme weather to build a shopping center, the next generation of residents will never be able to appreciate its significance, and it will be lost for good. Not that we shouldn't improve on the past—historical structures frequently require renovation to keep them in top condition—but razing them and turning them into rubble erases a piece of history.

To guarantee that it serves as a deterrent and that no one dares engage in unlawful action as defined by the Act, the punishment has been strengthened. Officers of the Central Government who are caught engaging in any unlawful or unpermitted behavior under the Act will likewise face harsh penalties.


Article 49 of the Constitution of India provides strong protection for India's built heritage: " Every monument, location, or item of artistic or historic interest that has been proclaimed to be of national importance by the government or by a law passed by the parliament must be protected against deterioration, disfigurement, destruction, removal, disposal, or export, as the case may be''. The obligation of every Indian citizen is further stated in Article 51 A (f): "(g) to safeguard and improve the natural environment, including forests, lakes, rivers, and wildlife; and (h) to respect and maintain the rich heritage of our composite culture."


Criminal Lawyer in Kolkata can be appointed if the cause of action has occurred in Kolkata. Moreover, if the case of action has occurred in Delhi then a Criminal Lawyers in Delhi can be appointed.


At Lead India, we offer a range of professional and legal services. You can ask a legal question here. Talk to Lawyer for the best advice in this scenario. Our legal staff will assist you in making wise choices. We also provide free legal advice online.


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