AMASRA: 2.21 Section 18. Right of access to protected monuments.

Protecting the Divine: Law, Temples, and Heritage under the AMASR Act

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2.21. Right of access to protected monuments:

2.21.1 Bare Act Provision:

18. Right of access to protected monuments.―Subject to any rules made under this Act, the public shall have a right of access to any protected monument.

2.21.2 Interpretation:

Section 18 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act) states that the public has the right to access any protected monument, subject to any rules or restrictions established under the Act. In simple terms, this means that people are generally allowed to visit and enter monuments protected under this law, but this access can be regulated or limited by specific rules made by the authorities.[1]

This provision establishes a fundamental right of the public to access protected monuments, recognizing their cultural, historical, and educational value. It promotes public engagement with heritage sites, fostering awareness and appreciation of Bharat’s historical legacy.

The clause “subject to any rules made under this Act” empowers the government or relevant authority e.g., the Archaeological Survey of India, to impose restrictions or conditions on public access. This reflects the principle of balancing public rights with the need to protect and preserve monuments. By allowing rule-making to regulate access, the provision implicitly acknowledges the need to protect monuments from potential damage due to unrestricted public access, aligning with the broader objective of the AMASR Act to preserve cultural heritage.

Reference:

[1] B.P. Sharma vs Union Of India And Ors [AIR 2003 SUPREME COURT 3863]

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