Parliamentary panels since 2008 have sought more teeth for ASI

Prominent protected monuments such as Taj Mahal and Qutub Minar have come under focus, with some groups seeking to start worship and offer prayers on their premises. That begs the question: Is the Archaeological Survey on India (ASI), responsible for the upkeep of heritage monuments in the country, adequately equipped to handle violations such as unauthorised worship? Perhaps it's not.

Almost every parliamentary standing committee on culture - at least since 2008 - has flagged that ASI is not equipped enough to protect ancient and historical monuments from all violations, citing legal constraints and shortage of resources.

In March this year, a parliamentary standing committee report on the creation of a regulatory framework for protection of historical sites and monuments cited lack of ownership of monuments with ASI, inadequate penal provisions in the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act), and crunch in manpower as challenges for the heritage conservation body.

It said the current regulatory framework, which was amended in 2010, does not provide adequate protection to sites and monuments. ASI's lack of manpower and legal teeth to prevent initial encroachment and to punish adequately and swiftly those who encroach add to the problem.

The report also pointed out that the only provision in the AMASR Act that provides punishment to persons who are encroaching on protected monuments and sites is set out in Section 30 of the AMASR Act. "However, the wording of the same leaves a lot to be desired, and there are loopholes which require rectification," it said. "Amendments are required in order to ensure that such encroachments are removed as fast as possible, in fast track courts, or by making the proceedings summary in nature."

ASI's legal advisor had then called for legislative intervention to ensure that monuments and sites are once again the focus of the AMASR Act.

Noted archaeologist BR Mani said it is important to equip ASI with legal powers to be able to stop encroachments or any form of unauthorised worship by any group, and ensure that the body recruited a right mix of field archaeologists and those specialised in various fields of the domain.

"The legislation should be like the Forest Act where at least ASI can have the power to enforce some action to stop a violation, instead of just depending on law enforcement agencies," said Mani, who has worked as an additional director general at ASI. "Like, right now, ASI can only write to police who can often wait for a while to take action. Also, the areas occupied by many monuments are huge, so the staff crunch in ASI definitely needs to be addressed. Otherwise, even for the body to know what is happening in one of its own monuments, it might take hours."