2. CONTENTS :
1. INTRODUCTION
2. HERITAGE CONSERVATION
3. NATIONAL AND INTERNATIONAL LEGAL FRAMEWORKS
4. MAIN FUNCTIONS OF ARCHAEOLOGY SURVEY OF INDIA
5. THE INTERNATIONAL SCENARIO
6. THE PRACTICE
7. COMPARISON OF LEGAL FRAMEWORK OF CONSERVATION
MODELS IN INDIA AND USA
8. THE UNESCO’S CONTRIBUTION TO TAJ MAHAL’S CONSERVATION
9. THE PRACTICE OF ARCHEOLOGICAL SURVEY OF INDIA (ASI):
10.CONCLUSION
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3. INTRODUCTION:
In this article broader definition of conservation is given
in the first half and the approach to it in India is
explained at ground level in the second half.
• What is conservation?
• How it is to be made operational?
• Are we respecting the cultural aspects?
Conservation explained as a practice that protects and
enhances the cultural value of a BUILDING or a
MONUMENTS.
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4. INTRODUCTION:
The constitute of India says that: “It shall be the duty of every
citizen of India to value and preserve the rich heritage of our
composite culture”.
The need to preserve Greek ruins as a culture necessity was
recognized by the early Romans and rules for conservation were
established as early as the eighth century.
In India the practice of conversion was introduced by the Lord
Curzon in 1902 with consolidation of the Archeological Survey of
India (ASI).
Under 10th five year plan all over India 500 monuments were
protected by ASI for structural conservation, Chemical
preservation and Development have been identified.
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5. INTRODUCTION:
About 5000 monuments have been declared as heritage sites in India.
The Ancient Monuments and Archeological Sites and Remains Act of
1958, declares buildings that are 100 year olds and above as
monuments and provides for protection.
The main legislation in India deals with conservation of cultural
heritage are:
• The Indian Treasure Act, 1878,
• The Ancient Monuments Preservation Act, 1904,
• The Antiquities (Export Control) Act, 1904,
• The Ancient Monuments and Archeological Sites and Remains Act,
1958,
• The Antiquities and Art Treasures Act, 1972
UNESCO has played an active role for preservation of Monuments all
over the World.
However, The question remains as whether these low, regulations,
rules and international treatises works or not or dead-letter law.
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6. HERITAGE CONSERVATION
THE CONCEPT OF HERITAGE:
The concept pertain to ‘’Heritage’’ is Legacy and
mankind as a whole and to understand cultural
identity.
According to Act, Heritage means it includes any
structure, erection or monument etc. which has
been in existence for not less than 100 years.
Further it includes: Remains, requires Fencing or
covering, means of access…
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CONSERVATION PRINCIPLES :
It can be associated with ecological movements, the historic cities.
Development should not take place around monuments, eg. Taj Mahal,
Economic value of land increase so look after it.
A building may not 100year old, but can still considered important.
We can not declare all heritage buildings as monuments and afford to freeze.
Need to have different approach and attitude for conservation.
7. NATIONAL AND INTERNATIONAL LEGAL FRAME WORKS:
India has a rich cultural heritage in the form of temples, forts,
palaces, churches and mosques.
Conservation policy may consist several aspects such as
selection, listing, legislation, fencing for restoration,
maintenance, historic urbanism, town and country planning
and internal affairs.
All Indian Act as described first.
According to act ancient and historic monuments remains
protected and preserved.
Also says that ancient and historical monuments and records
and archeological sites and remains to be of NATIONAL
IMPORTANCE.
ASI is the main actor in India for…
it looks after more than 5000 monuments..
Range from 19th century also 16 Worlds Heritage Properties. 7
8. MAIN FUNCTIONS OF A.S.I:
Maintenance, conservation & preservation of monuments
and sites
Conducting archeological exploration and excavations
Chemical preservation and antiquarian remains.
Architecture survey for monuments
Development and researches.
Setting up and re-organization of sites museums.
Training and awareness.
Implementation of the Act 1972.
ASI ordered that the construction and mining's near
100meters around the National Monuments are prohibited
beyond 200 meters regulations for the constructions and
mining purpose has been done.
Judicial opinion : monuments are the symbol of culture and
also it is also important. 8
9. MAIN FUNCTIONS OF A.S.I. AND INDIAN SCENARIO:
Many Court cases regarding
conservation and preservation of
monuments.
Examples are Taj Corridore in
Agra,
Fatehpur Sikri in Rajasthan
Court ordered in a case that the
duty of every citizen to protect and
preserve those ancient
monuments for the sake for
FUTURE GENERATION. 9
10. INTERNATIONAL SCENARIO:
UNESCO, The United Nations Education, Science and
Culture Organization, adopted in 1972 the World
Heritage Conservation in order to protect unique
natural or monuments and sites worldwide today.
UNESCO has unique responsibility and Activities in
safeguarding of cultural properties revolve around
three axes :
• Prevention; Management and Intervention.
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11. INTERNATIONAL SCENARIO:
The Hague
Convention
1970 convention The world
conservation
UNIDROIT
convention
1954 1970 1972 1995
Protection of
cultural property
with armed conflict.
Main concept was
cultural heritage for
any people is
cultural heritage for
all.
Prohibiting the
illicit, import,
export and transfer
of ownership.
This was the first
UNESCO convention
to deal with the
problem off illegal
export of cultural
heritage and its
protection from
neglect, war or
threats from
development.
Protection of the
World Cultural and
Natural Heritage.
Tried to
publicized the site
watch them
carefully and alert
the world to any
that may be
threatened by war,
neglect or
development.
It was on stolen
or legally exported
cultural objects.
UNESCO
commissioned the
International
Commission
Institute for the
Unification of
Private Law to help
prepare stronger
rules.
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12. INTERNATIONAL SCENARIO:
The Hague Convention and 1970 convention says:
• Changing social conditions create problems
• All states must assist with each other in the task of conservation,
preservation and permission.
• All sites are of boundless interest for such irreplaceable property.
• Leading towards impoverishment a condition that effects all
nations.
• UNESCO can assist to all states.
In 1978, the UNESCO form international forum for negotiation,
discussion and awareness raising in cases where the legal
framework, provided by the 1970 convention, does not apply.
UNESCO also assist the National Authority in many ways…
UNESCO seeks is to change the attitude of national and International
communities towards the cultural heritage issue and many more
things in the interest of heritage and conservation of monuments. 12
13. THE PRACTICE:
India is a developing country where poverty, primary education and
basic social standards required more concern of government than the
issues related to historic buildings and heritage preservation.
The legislations and the laws, for the heritage conservation, are
formed internationally but they practice in manipulated way which has
no meaning and serves the purpose of vested interest only.
It is no longer feasible to looking towards the government alone for
heritage preservation. The role of non-government voluntary agencies
is required which can work in-line with government.
Public participation programs are also necessary for the successful
conservation.
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14. ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND
REMAINS (AMENDMENT AND VALIDATION) ACT, 2010
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The Ancient Monuments and Archaeological Sites and Remains Act,
1958 was
amended in 2010.
This Act provides prohibited and restricted areas around protected
monuments as a buffer in which construction activities are prohibited
and restricted.
According to the Act prohibited and restricted areas are defined as
follow:
As per the section 20 A of the Act,
Prohibited Areas: Every area, beginning at the limit of the protected
area or the protected monument, as the case may be, and extending
to a distance of one hundred meters in all directions shall be the
prohibited area. Government of India can specify an area even more
than hundred meters. Construction activities in such areas are
prohibited.
15. ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND
REMAINS (AMENDMENT AND VALIDATION) ACT, 2010
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Section 20 B defines
Regulated Area: Every area, beginning at the limit of the prohibited area in
respect of ever ancient monument and archaeological site and remains, declared as
of national importance, extending to a distance of two hundred meters in all
directions shall be the regulated area in respect of such protected area or protected
monument. Government of India can specify an area even more than two hundred
meters. Construction activities in such areas are regulated.
The said Act in section 20 F provides for the constitution of National Monuments
Authority, by Central Government through notification in the Official Gazette. Some
of the functions granted to the Authority are:
To make recommendations to the Central Government for grading and classifying
protected monuments and protected areas, To consider the impact of large‐scale
developmental projects, including public projects and projects essential to the public
which may be proposed in the regulated area.
16. COMPARISON OF LEGAL FRAMEWORK OF CONSERVATION MODELS IN INDIA AND USA :
INDIA UNITED STATES OF AMERICA
•Buildings are owned and maintained by
government, so very less number of
monuments are protected due to budgetary
constraints.
•Properties owned or maintained by Federal
agencies but mostly under private ownership
and control, so maximum protection of heritage
is possible.
•The main government agency ASI has limited
regularly control to only national monuments
•Other properties are being listed under local
state laws.
•Federal government limits its control to
National Parks and it does not regulate the
other buildings
•Rehabilitation is encouraged through tax
credits
•Poor level of tourist management, so tourism
can not be developed.
•High level of tourist and site management, so
the historical sites give greater economic
returns.
•Preservation is done in the heritage
traditionally instead of economically oriented
reuse.
•Preservation is more economic driven with
emphasize on rehabilitation, interpretation and
adaptive reuse.
•No public participation is done by the
Government which is restricting the successful
preservation.
•Public volunteerism in preservation and
community projects such as Main Street
Programs, etc.
•Few States has established Heritage
Commissions for preservation
•Heritage Commissions for preservation is
adopted throughout the country.
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17. THE PRACTICE:
Following are the important tools which should be adopted by India for
improving its economic base for historic preservation :
Rehabilitation project
Business Improvement District Models
Matching grants
Public participation
Private ownership control
India is lacking in system for management, training and infrastructure. Lack of
legislation about the conservation which are not under the ASI.
Rapid urbanization and new development agenda makes heritage conservation
difficult.
Misinterpretation, encroachment and misuse of properties are also the threats
of conservation.
These elements are interrelated and have to be understood and interpreted
holistically. 17
18. THE UNESCO’S CONTRIBUTION TO TAJ MAHAL’S CONSERVATION:
Taj Mahal is included in the list of ‘World Heritage’ monuments since 1983. It has
effected a lot by the urbanization, climatic conditions and pollutions. A two stage
program was held by Rhone-Poulenc, UNESCO and ASI to evaluate the condition of
monuments in 1997 which was funded and equipped by Rhone-Poulenc
foundation.
Stage1:
The application of products and technologies developed by Rhone-Poulenc’s
research department to restore the construction material of these historic
monuments and halt that deterioration.
Stage 2:
To educate the team of researchers of conservation laboratory, Agra by Rhone-
Poulenc’s technological expertise in stone renovation.
The local recruited scientist were trained in the use of methods applied to the
red stone and lime plaster.
It is difficult to conserve such monuments for Government of India without
external help. 18
20. THE PRACTICE OF ARCHEOLOGICAL SURVEY OF INDIA (ASI):
The ground level situation is different than the ASI claim
to do. Following are some examples :
Ajanta : The wall paintings in the Buddhist cave, Ajanta is
listed in World Heritage in 1983. The state of the wall
paintings is continuously getting worst, because lack of
care taken by the ASI. The craftsman's skills and tradition
also need to be preserved.
Jodhpur: Jodhpur is highly dense historic monumental city
having a lack of infrastructure. Expert planning for
redevelopment measure to preserve the historical
substance is required.
Old Goa : Number of churches in Goa included in the
World Heritage list because of their cultural importance.
The conservation of such monuments is not carried out
satisfactory by ASI. The maintenance of the structural
members of the buildings in the different climatic
conditions are not taken care by ASI.
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21. THE PRACTICE OF ARCHEOLOGICAL SURVEY OF INDIA (ASI):
In the report of the monuments at Hampi submitted by UNESCO in 1999 , the
World Heritage committee observed that two large scale two way bridges for
vehicular traffic and second foot bridge within the protected areas exploiting
the natural environment.
Committee declared, the World Heritage site Hampi is in danger and inform
to state government that the construction of two bridges has been halted.
The committee gave notice to the state government of Karnataka to relocate
and dismantle all the bridges. It has also mentioned that at any rate no further
unplanned development should be allowed in Hampi. 21
Hampi :
It is an important cultural heritage site
declared as a World Heritage in 1986.
It is an important cultural heritage site
declared as a World Heritage in 1986. The ASI is
taking care and maintaining these monuments
since 1921.
24. THE PRACTICE OF ARCHEOLOGICAL SURVEY OF INDIA (ASI):
A large number of unauthorized encroachment is removed from the heritage
site by ASI.
ASI did not taken care about the heritage site which is under its concern.
Not enough care was given in order to maintain the rich Monuments and
after this incident ASI has decided a five year program for the comprehensive
conservation of the monument at Hampi. 24
Hampi :
UNESCO team again visit the Hampi in
2000 and observed that the construction
of the bridges was not be stopped.
After their meeting to the Chief
Minister of the Karnataka state twice
they convince the state government to
stop the construction of bridges.
25. CONCLUSION:
The budgetary constrains of the central government of India and behavior of
its agency that protects and maintains historic structures (ASI) are the main
factors affecting the unsatisfactory scenario of the heritage sites in India.
The legislation regarding the number of other architectural sites and
monuments from the government protection are inadequate and improperly
framed.
Inner-cities are facing problems like exploding urban population, limited
infrastructural and budgetary resources, irregular and unplanned town
planning policies.
In such scenario, economic incentives and tax credits as seen in the case of
USA as guidance and facilitation of conservation along with public-private
partnership could be adopted.
Coordination and cooperation among the government agencies and private
sectors engaged in cultural activities should be encouraged.
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26. CONCLUSION:
The broad partnership between public and private entities, professional
and local communities crafts people has proven to be critical element in
ensuring long term success of preserving cultural properties.
Advocating the culture of preservation of conservation through the use
of conservation techniques and approaches.
Educational programs that fosters international exchanges for cultural
heritage professionals and promotes a better understanding at national as
well as international levels.
In India, there is a necessity for making conservation oriented planning.
Existing town and country planning act do have provisions for heritage
areas and initiatives as of INTACH and other organization have pushed for
separate heritage act or regulation would be helpful.
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