It is important that Chapter members are aware of the international conventions and the national and state laws relevant to the protection and conservation of the art and the cultural heritage of the country.
The legal aspect of Chapters has been divided into three sections,
- International Conventions and Agreements
- National (Indian) Laws
- Laws of the various States and the Union Territories.
International Conventions and Agreements
It is useful for the Chapters to be aware of the conventions and agreements that are relevant to the protection and conservation of art and cultural heritage and to which India is a signatory. Attention must be invited to Art. 253 of the Constitution of India, which enables Parliament to legislate for the implementation of any treaty agreement or convention with any other country or
countries, or any decision, made at any international conference, association or other body. Any
such legislation can be enacted even if the subject matter of the legislation is an item in the State
List of the Constitution of India. The Environment (Protection) Act, 1986 was enacted by Parliament to implement the decision (declaration) made at the Conference on the Human Environment convened by the United Nations at Stockholm in 1972.
An international non-governmental organization known as ICOMOS (International Council on Monuments and Sites) was established in 1964. ICOMOS (which also has country chapters which includes ICOMOS-India as well) has since then adopted a number of charters, the main ones of which are given below:
- Charter for Conservation and Restoration of Monuments and Sites (Venice Charter -1964)
- Charter for Historic Gardens (Florence Charter - 1981)
- Charter for Conservation of Historic Towns and Urban Areas (Washington Charter -1987)
- Charter for Protection and Management of the Archaeological Heritage (Lausanne Charter -1990)
- Charter for Protection and Management of Underwater Cultural Heritage (Sofia Charter - 1996)
- Charter for Conservation of Built Vernacular Heritage (Mexico Charter - 1999)
- Charter for Preservation of Historic Timber Structures (Mexico Charter - 1999)
There are also country charters that have been approved and adopted by ICOMOS. One of the most important of these is the Burra Charter adopted by ICOMOS (Australia) in 1981 for the Conservation of Places of Cultural Significance. It must be pointed out that all these charters have taken the Venice Charter as the reference point.
However, mere are countries that have adopted for themselves principles for conservation. Thus, the National Trust for Scotland has adopted "Conservation Principles11 for itself. So has Indonesia and China. INTACH hopes to shortly finalize an India Charter for Conservation of India's Built Heritage that should reflect its own situation and needs and traditions.
National Law
All the laws, be they Central or State, draw attainability and validity from the Constitution of
India. Art. 49 of the Constitution states that "it shall be the obligation of the State to
protect every monument or place or object of artistic or historical interest, declared by or under
law made by Parliament to be of national importance, from spoliation, disfigurement, destruction,
removal, disposal or export, as the case may be". Entry No. 67 of the Seventh Schedule pertaining
to the List I (Union List) states 'Ancient and historical monuments and records, and archaeological
sites and remains, declared by Parliament by law to be of national importance". Entry No. 40 of
List III (Concurrent List) of the Seventh Schedule refers to "Archaeological sites and remains
other than those declared by Parliament by law to be of national importance" Accordingly, we
have the following laws at the Central level:
- The Indian Treasure - Trove Act, 1878.
- The Ancient Monuments and archaeological Sites and Remains Act, 1958.
- The Antiquities and Art Treasures Act, 1972.
- The Wildlife (Protection) Act, 1972
- The Environment (Protection) Act, 1986
There are also the Acts that deal with control of pollution. The text of all these laws can be accessed at the following website (asi.nic.in and envfor.nic.in)
State Law
Reference has been made above to Entry No. 40 of the Concurrent List of the Seventh Schedule of the Constitution which empowers both the Parliament and the State Legislatures to enact laws
in respect of "Archaeological sites and remains other than those declared by Parliament by law to be of national importance". Entry No. 12 of the Seventh Schedule pertaining to List II-State List states "Libraries,, museums, and other similar institutions controlled or financed by the State, ancient and historical monuments and records other than those declared by Parliament by law to be of national importance". Most States have, accordingly, enacted laws for the protection and conservation of their cultural assets. The particular laws that are most important for the conservation of the art and cultural heritage are the " laws for protection and conservation of monuments, archaeological sites and remains', 'town and country planning laws', the laws regulating 'land use' and the laws prescribing the 'duties and responsibilities of the State agencies, particularly the Panchayati Raj Institutions (PRIs) in the rural areas and the Urban Local Bodies in the urban areas'
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