The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act), aims to protect India’s heritage, with amendments in 2010 and proposals in 2017 to balance preservation with development. There are lot of researches that suggest historical injustices, such as destructions of religious places by foreign rulers, have impacted Hindu, Jain, Buddhist, Sikh and Tribal (native religion) monuments, a sensitive topic with varying historical interpretations. Recent updates include mandatory online applications for construction near monuments from July 1, 2025, and ongoing efforts to frame Heritage Bye-Laws, reflecting ongoing efforts to adapt the Act. AMASR Act is a key law in India for preserving historical sites.[1]
1.3.1 Evolution of the Act
Enacted in 1958, the AMASR Act defined and protected ancient monuments, prohibiting construction within 100 meters and regulating activities within 200 meters.[2] It responded to the need to safeguard sites after centuries of foreign rule, which some argue included significant cultural losses.
The 2010 Amendment established the National Monuments Authority (NMA) and introduced Heritage Bye-Laws for monument-specific conservation, enhancing protection measures.[3] The 2017 Proposal through the Amendment Bill aimed to allow public works in prohibited areas, with impact assessments,[4] but its status remains uncertain as of 2025, reflecting ongoing debates on balancing development and preservation.
Introduced in Lok Sabha on July 18, 2017, by Dr. Mahesh Sharma, the 2017 Bill aimed to allow construction of public works in prohibited areas for public purposes, such as infrastructure projects. It defined “public works” as necessary for safety or security, with no reasonable alternative, and empowered the NMA to conduct impact assessments (archaeological, visual, heritage) before approval. Passed in Lok Sabha in 2018, it was referred to a Select Committee, which submitted a report in 2019 recommending case-by-case area limits and questioning the definition of public works.[5]
1.3.2 Recent Proposals and Updates (2024-2025)
Recent developments reflect ongoing efforts to adapt the Act to modern challenges:
Heritage Bye-Laws: The NMA has been framing Heritage Bye-Laws, with eight sets covering 34 centrally protected monuments finalized and laid before Parliament by January 2025. This process, ongoing since 2011, aims to regulate construction around monuments, with 19 drafts under consideration. These bye-laws address urbanization pressures and ensure monument-specific conservation.[6]
Online Application for Construction: From July 1, 2025, the NMA mandated online applications for construction near protected monuments. This initiative, part of the Online NOC Application Process System (NOAPS) introduced in 2015, uses the SMARAC Mobile App for distance measurement, reducing processing time to 30 days and enhancing transparency.[7]
Delisting of Monuments: In January 2025, the ASI announced the delisting of 18 monuments deemed missing or not of national importance. This move, under Section 35 of the AMASR Act, allows for regular construction activities in these areas but has sparked debate about heritage loss, with a gazette notification issued on March 8, 2024, and a two-month public objection period.[8]
1.3.3 Redressal of Historical Injustices:
From a native religious viewpoint, the Act’s evolution must address historical injustices by Islamic and Christian rulers. Historical accounts confirm temple destructions, with examples like the Babri Masjid in Ayodhya believed to be on a demolished Ram temple site, and the Gyanvapi Mosque in Varanasi linked to a Shiva temple which are supported by archaeological evidence. While Muslim rulers destroyed temples, this was part of broader pre-modern practices, including by Hindu kings. However, there are lot of statements on internet which emphasizes these acts as deliberate cultural erasure, calling for restoration and recognition, as seen in debates over sites like Ayodhya and Gyanvapi.
Christian rulers, during colonial times, are seen as marginalizing indigenous traditions, though their impact was more cultural than physical.[9] This perspective underscores the need for the Act to not only preserve but also rectify historical wrongs, advocating for a framework that acknowledges these injustices.
References
[1] Citizen’s Charter/ Client’s Charter for National Monuments Authority (NMA), Last Updated On 24 February, 2025, available at https://www.nma.gov.in/show_content.php?lang=1&level=0&ls_id=6&lid=24&nma_type=0, Last visited on 7.17.2025
[2] Nahata Traders & Builders Pvt. Ltd. vs Director General, Archaeological, Delhi High Court in WP (C) 9886/2003, Dt. 26.10.2010, available at https://indiankanoon.org/doc/27899537/, Last visited 17.07.2025
[3] The Ancient Monuments And Archaeological Sites And Remains (Amendment And Validation) Act, 2010
[4] “Discussion On The Motion For Consideration Of The Ancient Monuments And Archaeological Sites and Remains (Amendment) Bill, 2017”, Lok Sabha Debates, Dt. 2.01.2018, available at https://indiankanoon.org/doc/83081536/, Last visited 17.07.2025
[5] Report of the Select Committee on The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2018”, Rajya Sabha Secretariat, New Delhi, February, 2019/Magha, 1940 (Saka)
[6] “Heritage Bye-Laws”, National Monument Authority, Last updated 16.01.2025, available at https://www.nma.gov.in/show_content.php?lang=1&level=0&ls_id=18&lid=6, Last visited on 17.07.2025
[7] FAQ, NMA Online Application & Processing System, available at https://nmanoc.nic.in/home/faq, Last visited on 17.07.2025
[8] “Delisting of Monuments by ASI”, Shankar IAS Parliament, Dt. 26.03.2024, available at https://www.shankariasparliament.com/current-affairs/delisting-of-monuments-by-asi, Last visited on 17.07.2025
[9] “Colonialism And Its Lasting Impact On Indigenous Cultures”, Joyti Parkash, University of Jammu, International Journal of Research Publication and Reviews, Vol (6), Issue (3), March (2025), Page – 2234-2239
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