ASI Flags Conflicts Over Shared Control of Monuments with Waqf Board

Context: The Archaeological Survey of India (ASI), in its submission to a Parliamentary panel discussing the Waqf (Amendment) Bill, 2024, highlighted several issues arising from the dual status of protected monuments that are also notified as Waqf properties. Referring to examples like Fatehpur Sikri in Agra and Atala Masjid in Jaunpur, ASI officials contended that this overlapping status leads to conflicts and administrative complications.

Issues concerning Waqf Properties and ASI’s conservation efforts:

Declaration of monuments as Waqf properties:

• The Archaeological Survey of India (ASI) reported that the Waqf Board has declared 53 monuments as Waqf properties under the Waqf Act of 1995.
• These monuments were already protected under ASI’s jurisdiction, leading to overlapping claims of authority.

Jurisdictional conflicts: 

• ASI has raised concerns about jurisdictional conflicts arising from the Waqf Board’s actions. 
• The designation of these monuments as Waqf properties after they were already notified as protected has complicated the management and preservation responsibilities.

Restrictions on conservation activities: 

• ASI officials have reported challenges in conducting conservation work on these monuments due to restrictions imposed by the Waqf Board. Specific issues include:
  • Unauthorized modifications: The Waqf Board has made various alterations to the original structures, which ASI believes threaten the monuments' authenticity and integrity.
  • Examples of concern:
    • Installation of unauthorized fixtures in Mecca Masjid, Ahmednagar.
    • Construction of shops within the enclosure of the Atala Masjid, Jaunpur.
  • Interference in management: In Fatehpur Sikri, the Waqf Board has reportedly appointed its own tour guides, replacing those certified by ASI.

Opposition to ASI's claims: 

• Committee members, including opposition party representatives, have contested the ASI's claims:
  • Legislative framework: They argue that the ASI is not fully adhering to its own legislative framework. The Ancient Monuments and Archaeological Sites and Remains (AMASR) Act includes provisions that balance private property rights with public interests in preservation.
  • Historical basis for Waqf designations: Opposition members assert that the Waqf Board’s designations are based on historical evidence of ‘Waqf by user’ and are not arbitrary.

Legislative concerns: 

• Opposition members have warned that removing the ‘Waqf by user’ clause from the Waqf (Amendment) Bill, 2024, could lead to increased legal disputes and multiple claims over Waqf properties, exacerbating the existing conflicts.

Criticism of ASI’s inaction: 

• ASI has faced criticism for its perceived inaction regarding the Waqf Board's alleged undermining of the integrity of protected monuments.
• Critics have urged ASI to provide explanations for not using its legislative powers more effectively to address these issues.

Overall, the debate highlights the challenges of balancing cultural heritage preservation with historical ownership claims, emphasizing the need for a clear and coherent framework to resolve conflicts between public institutions and private entities.

Ancient Monuments and Archaeological Sites and Remains (AMASR) Act: 

Purpose and enactment

• The Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act) was enacted by the Indian Parliament in 1958.
• The Act aims to preserve and protect ancient and historical monuments, archaeological sites, and remains of national importance.
• The Act regulates archaeological excavations and safeguards sculptures, carvings, and similar objects, ensuring the preservation of India's rich cultural heritage.

Role of the Archaeological Survey of India (ASI): 

• The ASI operates under the provisions of the AMASR Act. It is responsible for carrying out the Act's objectives, including the protection and conservation of designated monuments and archaeological sites.

Regulations on Protected areas: 

• The AMASR Act designates a 100-meter radius around each monument as a prohibited area, where no construction or alteration except certain circumstances is allowed without permission.
• The Central government can extend the prohibited area beyond 100 meters.
• An additional 200-meter area is classified as regulated, where any construction or modifications require prior approval.
• The National Monuments Authority (NMA), established under the Act, is the regulatory body responsible for overseeing activities within these zones and granting necessary permissions.

Amendments: 

• The Act was amended in 2010 to strengthen penal provisions against encroachments and illegal constructions near monuments.
• Establishment of a 100-meter prohibited area around national monuments, with a 200-meter regulated zone where construction requires NMA approval.
• Introduction of heritage by-laws for individual monuments, prepared by expert bodies to address specific needs.
• The Act provided a clear statutory definition of 'prohibited' and 'regulated' areas around monuments, establishing precise guidelines for land use in these regions.

Role of the National Monuments Authority (NMA): 

• The NMA is tasked with implementing the AMASR Act, supervising the protection and preservation of ancient monuments and archaeological sites, and regulating construction activities within the protected and regulated areas.
• The NMA has the authority to grant permissions for any construction or development within the designated zones, ensuring that heritage conservation is maintained.

Definitions 

• Ancient monument: Defined as any structure, erection, monument, or site of historical, archaeological, or artistic interest that has existed for at least 100 years.
• Archaeological sites and remains: Areas containing ruins or relics of historical or archaeological significance, also existing for not less than 100 years.

AMASR Amendment) Bill, 2017: 

Introduction: 

• The AMASR (Ancient Monuments and Archaeological Sites and Remains) Amendment Bill was first introduced in the Lok Sabha in 2017, by the Minister of Tourism and Culture. 
• This Bill seeks to amend the original Act, which was enacted in 1958 to protect ancient monuments and archaeological sites.

Key amendments 

• Construction in prohibited areas
  • The Bill allows for public works to be constructed in these prohibited areas. This includes infrastructure projects deemed necessary by the central government for public welfare.
• Approval process for construction
  • The Bill stipulates that any construction, reconstruction, repair, or renovation within these prohibited areas must be approved. The relevant central government department must submit an application to the competent authority.
  • The central government will then assess whether the construction qualifies as a public work and will communicate its decision to the applicant within ten days.
• Definition of Public works: 
  • The Bill introduces a specific definition for public works: ‘construction works related to infrastructure financed and carried out by any central government department or office for public purposes, necessary for public safety or security, and where no viable alternative exists beyond the prohibited area.’
• Assessment requirements: 
  • The Bill also expands the scope of impact assessments required for public works. It includes considerations of archaeological, visual, and heritage impacts in the prohibited areas.
• Rationale:
  • The central government has argued that the prohibition on new construction within protected areas is hindering public works and developmental projects.
  • They believe the amendment is necessary to facilitate infrastructure development while balancing the need to preserve historical sites.
• Current Status:
  • The Amendment Bill was passed in January 2018.
  • It was then referred to a Select Committee in the Rajya Sabha. 
  • The committee's report, submitted in 2019, recommended evaluating the area limit for prohibiting construction on a case-by-case basis rather than applying a blanket 100-metre restriction.
  • It also raised concerns about the definition of public works, noting that it excludes certain public utility projects such as Metro construction, which do not directly relate to safety and security.
  • The committee suggested the Bill be passed following consultations with central and state governments and relevant departments.
  • It also provided observations and recommendations for drafting notifications and rules related to the Bill.

About National Monuments Authority (NMA): 

• The National Monuments Authority (NMA) was established under the Ministry of Culture, Government of India, in accordance with the Ancient Monuments and Archaeological Sites and Remains (AMASR) (Amendment and Validation) Act, 2010.
• Enacted in 2010, this Act aimed to enhance the protection and preservation of India's rich cultural heritage by managing the areas surrounding centrally protected monuments.
• Responsibilities: 
  • Protection and preservation: The NMA is tasked with the critical role of safeguarding monuments and archaeological sites through effective management of the prohibited and regulated zones around these sites.
  • Managing prohibited and regulated Areas: Ensuring that activities within these areas do not compromise the integrity and preservation of the monuments.
  • Granting permissions: Reviewing and approving construction-related activities within the prohibited and regulated areas to prevent potential damage to the heritage sites.
• Addressing urbanization and development: 
  • With the surge in urbanization, population growth, and development pressures, there is increasing strain on land, including those areas around centrally protected monuments.
• Balancing Development and preservation: Regulating growth and construction around these monuments to balance the needs of urban development with the essential requirements for preservation and protection of heritage sites.
• Public scrutiny:
  • The NMA is required to scrutinize heritage bye-laws and obtain public objections and suggestions before granting approvals.
• Organizational structure: 
  • The Act mandates the constitution of the NMA with a Chairperson, up to five whole-time and five part-time members, and a Member Secretary.
• The Director General of the Archaeological Survey of India (ASI) serves as an ex officio member.
• Grading and Classification:
• The NMA is also responsible for grading and classifying monuments to streamline their management and preservation.

About Archaeological Survey of India (ASI): 

• The Archaeological Survey of India (ASI) is a prominent government agency tasked with archaeological research, conservation, and preservation of cultural and historical monuments across India.
• Historical background:
  • Cunningham, with his expertise in Brahmi, conducted extensive surveys of Buddhist monuments across India.
• Despite early challenges, he advocated for the establishment of a formal archaeological body. 
• The ASI was founded in 1861 by Alexander Cunningham, who also served as its first Director-General. This initiative marked the beginning of systematic archaeological research in India.
• Predecessors:
  • The Asiatic Society, founded by British Indologist Sir William Jones in 1784, conducted early research into India's history.
  • The society, based in Calcutta, published ‘Asiatic Researches’ and made significant contributions to the study of ancient Persian texts.
  • Notable early members, such as Charles Wilkins, translated the Bhagavad Gita into English, furthering the understanding of Indian heritage.
• Early efforts: 
  • James Prinsep’s successful decipherment of the Brahmi script in 1837 was a pivotal moment, greatly enhancing the understanding of ancient Indian inscriptions and history.
• Expansion and reform: The 1958 AMASR Act placed the ASI under the Ministry of Culture, and the Antiquities and Art Treasures Act (1972) ensured national protection for important monuments.
• Organization and structure: 
  • The ASI is headed by a Director-General, supported by an Additional Director-General, two Joint Director-Generals, and seventeen Directors.
• The organization operates under the Ministry of Culture.
• The ASI administers over 3,650 monuments and sites of national importance, including temples, mosques, forts, and other historical structures.
• Scientific preservation: 
  • Establishment of the Science Branch: Founded in 1917 by Mohammed Sanaullah Khan, the Science Branch focuses on preserving and chemically treating artifacts.
  • The branch has expanded its scope to include material analysis and conservation. 

Fatehpur Sikri:

• Located: Uttar Pradesh. 
• Founded by: Akbar in 1571 as the Mughal Empire's capital. It served as the capital until 1585 when Akbar abandoned it for a campaign in Punjab, and it was completely abandoned by 1610.
• Named after the former village of Sikri, the site has revealed ancient temples through ASI excavations. Previously controlled by the Sakarwar Rajputs until 1527. 
• Akbar constructed a religious compound and later a walled city here, calling it Fatehpur Sikri, or ‘City of Victory,’ following his Gujarat campaign in 1573.
• Recognized for its historical significance and architecture, Fatehpur Sikri was designated a UNESCO World Heritage Site in 1986.

Atala Masjid, or Atala Mosque:

• It is a 14th-century mosque in Jaunpur, Uttar Pradesh.
• Built on the site of the Atala Devi temple, demolished in 1364, construction began in 1376 under Firuz Shah Tughlaq, with materials from demolished temples.
• The mosque was completed by Ibrahim Shah Sharqi in 1408.
• The mosque features a central courtyard with the Madarsa Din Dunia. 
• It has three large gateways and has a central dome (nearly 17 meters high).