India’s ancient temples, stupas, viharas, gurudwaras, and sacred sites form an intricate tapestry that chronicles the spiritual, architectural, and artistic legacy of its civilisation. These monuments, ranging from the sprawling complex of the Brihadeeswara Temple to the serene relics of Sanchi Stupa and the sacred precincts of Hemkund Sahib, are more than structures: they are repositories of heritage, faith, and timeless artistry.[1] The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act) was enacted precisely to shield such irreplaceable treasures, providing the statutory framework for their conservation and protection.[2]
Yet, the lived reality is at stark odds with these lofty aims. Rampant encroachment, unchecked urbanisation, and indifferent bureaucracy expose the gaping chasm between law and enforcement. Centuries-old temples and viharas vanish beneath illegal constructions or are mutilated by insensitive repairs that obliterate their historical features.[3] The AMASR Act’s definitions and protective provisions, such as restrictions within prohibited and regulated areas, often remain on paper, while in practice, violation has become commonplace, endangering both the sanctity and the very existence of India’s non-Abrahamic places of worship such as Chousath Yogini Temple, situated at Bhadaghat, Jabalpur.
The Archaeological Survey of India (ASI), the agency vested with the responsibility to uphold these protections, finds itself consistently under-resourced and mired in procedural bottlenecks. Monuments continue to deteriorate under its watch, with little accountability for the loss of intricate stone carvings or the desecration of traditional shrines. The Supreme Court has repeatedly had to remind the government of its duty to maintain and safeguard the “beauty and grandeur” of India’s ancient monuments, an indictment of chronic institutional apathy and lack of strategic vision.
Legislation, including the original AMASR Act and corresponding state laws such as in Maharashtra, clearly envisions the preservation of the nation’s civilisational markers of faith and culture.[4] However, failures in mapping, updating, and maintaining these monuments ensure that many ancient sites, be they temples, viharas or sacred caves, risk fading from memory and record. The process for declaring sites of national importance too often succumbs to political expediency rather than the imperative of historical justice.
This chapter, therefore, commences with a critical interrogation: Why, despite established legal mandates, has the state continued to falter in safeguarding the living embodiments of India’s spiritual and cultural genius? It is time not just for technical reform, but for a reinvigoration of collective resolve of the demanding accountability from custodians of heritage, empowering local communities, and renewing the commitment to protect the divine imprints upon India’s soil.
References:
[1] “Monuments”, Ministry of Culture, available at https://asi.nic.in/pages/Monuments, Last visited on Dt. 16.07.2025
[2] The Ancient Monuments and Archaeological Sites and Remains Act, 1958
[3] “AMASR ACT: Archaeological Sites & Ancient Monuments in India” Finology Blog, Dt. 9.03.2023, available at https://blog.finology.in/Legal-news/amasr-act, Last visited on Dt. 16.07.2025
[4] The Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960
Image credit: https://x.com/GemsOfINDOLOGY
