The Archaeological Survey of India (ASI) defines an ancient monument as a building, historical monument, structure, cave, rock carving, inscription, or monolith that has existed for more than a century and is of historical, archaeological, or artistic worth.
They are not only pieces of art but also a window into the past civilization of prehistoric settlements. They rank among the top tourist destinations. They are crucial components that guarantee that our traditions and sense of pride are shared by everyone.
Frameworks of the Constitution
According to Article 49 of the Constitution of India, every historical monument, location, or object of artistic or historical significance that has been declared to be of national significance by a statute passed by Parliament must be protected by the State from any harm caused by destruction, defect, removal, destruction, or export, as the case may be.
Every Indian citizen has a responsibility to respect and preserve their rich cultural heritage, as stated in Article 51 A (f) of the Indian Constitution.
Destroying Historical Monuments: Punishable Offence or Not?
In March 2010, the Lok Sabha approved a modification to the Ancient Monuments and Archaeological Sites and Remains Act of 1958 that will make anyone who desecrates national treasures subject to harsh penalties.
If the perpetrator is found convicted of destroying or harming any protected heritage site, the previous penalty for this sort of infringement, which was a period of three months in jail and a fine of 5,000 rupees, has been increased to two years in prison and a fine of up to one lakh rupees.
Without the Appropriate Authority's authorization, simply starting construction or works in the controlled area is punished by two years in prison and a fine of a lakh rupee.
To ensure that the punishment acts as a deterrence and that no one dares engage in illegal activity as defined by the Act, the punishment has been increased. The Act imposes severe penalties on Central Government employees who are discovered engaging in any prohibited or illegal action.
The wilful destruction of property that causes unfair loss or harm is referred to as mischief under Section 425 of the Indian Penal Code. A potential three-month jail sentence, a fine, or both are possible penalties.
Judicial Proceedings
In various PIL cases, which include the case of Taj Trapezium, the case of Subash Dutta v. UOI, and many more, the State High Courts and the Apex Court have also addressed the issue of protecting and preventing historical sites. When this occurs, neglected monuments need to be preserved since burglary, theft, and vandalism are destroying them.
Saving the Historical Monuments: Role of Lawyers
In essence, a lawyer's role is to evaluate prior court judgments in order to get any accusations made against you dismissed.
Therefore, where the law fails to explicitly describe the behaviour as mischief, case law is significant. Most of these cases are dismissed before trial when the defence lawyer is successful in persuading the Court that there is either no "reasonable probability of guilt" or those continuance proceedings would not be "in the public interest." In the latter case, seeking counselling to address the behaviour in an attempt to convince the Court to dismiss the charges is frequently highly helpful for the accused.
To defend yourself against any criminal accusations relating to the destruction of any historical monuments, you will need a lawyer. If you need the help of a lawyer to save you and drop charges for the destruction of historical monuments in Kolkata, then a criminal lawyer in kolkata can be hired, and if you need the help of a lawyer to save you and drop charges for the destruction of historical monuments in Pune, then a criminal lawyer in pune can be hired.
Similarly, a criminal lawyers in delhi can be employed if you need the help of a lawyer to save you and drop charges for the destruction of historical monuments in Delhi.
At Lead India, you can consult and talk to lawyers there. You can obtain free legal advice online as well as ask a legal question online for free to lawyers at Lead India.
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