Vandalism of heritage sites is a common occurrence in India. Are there any consequences for vandalising built heritage in India?
In June, a British tourist was caught on video carving his and his girlfriend’s name on the walls of the Colosseum. According to the Italian police force, this young tourist may face imprisonment between two to five years and a fine of up to €15,000 for vandalising the walls of a 2000-year-old building.
A few years ago, four tourists brutally vandalised a UNESCO site in India. Three men were seen in the video knocking down the pillars at the ruins of the Vishnu temple in Hampi, while the fourth member of the group filmed it. The vandals were fined only ₹70,000 each.
Today, the punishment awarded to the fourth Indian youth may appear disproportionate to their crimes. So, what are laws protecting Indian heritage and are any real repercussions of vandalising it?
Vandalism of Indian Heritage
Vandalism at Indian heritage sites is prevalent. It is such a regular occurrence that it seems to go unnoticed most times. The visitors often find scribblings on the wall of monuments and historical sites, gaps in the facades of buildings, missing statues and bas-reliefs in caves and forts and other forms of vandalism.
Historian Sriram V told The News Minute in a report, “It’s sad we don’t value the history that we have. What they don’t realise is that something valuable that we should have left for posterity is being destroyed.” In his opinion, people indulge in vandalism because of a general disregard for social sciences and history in the country that leads people not to understand the importance of cultural heritage sites.
According to the same report, Meera Iyer who works at INTACH explains, vandalism is not just physical damage to the site, it also includes practices like littering by visitors and commercial establishments within or near the heritage site.
Laws and Legal consequence of heritage vandalism
The built heritage of India is protected under Article 49 and Article 51(f) of the Indian Constitution. The articles deal with the protection of historical and cultural heritage and the promotion of all aspects of India’s rich heritage.
Article 49 states that it is the responsibility of the government to protect important historical places, monuments, and objects from being damaged, destroyed, or taken away. These sites and objects are considered valuable for the whole country.
Article 51(f) of the Indian Constitution states that it is the duty of every citizen of India to value and preserve the rich cultural heritage of the country. This includes showing respect and preserving the diverse cultural heritage of our country.
The Ancient Monuments and Archaeological Sites and Remains Act of 1958 (AMASR) outlines the punishment for vandalism of built heritage. This Act was amended in 2010 to impose more stringent penalties. Under the old punishment of this act, the accused could be imprisoned for up to three months and a charged fine of ₹5000. However, after the amendment it was increased to two years in jail and a fine of up to one lakh rupees if found guilty.
It is enough to stop vandalisation?
The according to AMASR Act the aim of the punishments is to prevent and protect the built heritage from destruction, deformation, removal, disposal, or export. But is doing enough to stop the rampant vandalism at heritage sites?
Apart from stricter legal consequences, there is also an urgency for policies and campaigns to increase public awareness and education about heritage sites in India. Well-run public awareness campaigns may lead to increased participatory practices in preserving monuments and historical sites. Heritage sites also need increased funding for enhanced security and regular upkeep of the sites and monuments.