2.19. Section 16:
1.19.1 Bare Act Provision:
16. Protection of place of worship from misuse, pollution or desecration.―(1) A protected monument maintained by the Central Government under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character.
(2) Where the Central Government has acquired a protected monument under section 13, or where the Director-General has purchased, or taken a lease or accepted a gift or bequest or assumed guardianship of, a protected monument under section 5, and such monument or any part thereof is used for religious worship or observances by any community, the Collector shall make due provision for the protection of such monument or part thereof, from pollution or desecration―
(a) by prohibiting the entry therein, except in accordance with the conditions prescribed with the concurrence of the persons, if any, in religious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usages of the community by which the monument or part thereof is used, or
(b) by taking such other action as he may think necessary in this behalf.
2.19.2 Protection of Place of Worship from Misuse
Section 16(1) applies to protected monuments maintained by the Central Government that are also places of worship or shrines. It mandates that such monuments must not be used for purposes that contradict their religious or cultural character. For example, a temple or mosque designated as a protected monument cannot be used for commercial activities or events that disrespect its sacred nature. The doctrine here is preservation of cultural and religious sanctity. It ensures that the historical and spiritual significance of a monument is respected by restricting activities that could undermine its purpose as a place of worship.
2.19.3 Protection of Acquired Monuments Used for Worship
Section 16(2) applies to protected monuments acquired by the Central Government through purchase, lease, gift, bequest, or guardianship under Section 5 or 13 of the AMASR Act. If such a monument or part of it is used for religious worship or observances by a community, the Collector is responsible for protecting it from pollution or desecration. The Collector must take specific actions to ensure the monument’s sanctity is maintained.
The doctrine is state responsibility for cultural and religious protection. It places an obligation on the state through the Collector to safeguard the religious and cultural integrity of acquired monuments used for worship, balancing heritage preservation with community religious rights.
Section 16(2)(a) clause empowers the Collector to prohibit entry into a protected monument or part thereof used for worship, except under conditions agreed upon with the religious authorities managing the monument. Entry is restricted to those entitled by the religious customs of the community using the monument. For example, if a temple restricts entry to certain groups based on religious practice, the Collector must enforce those restrictions.
The doctrine is respect for religious customs and restricted access. It upholds the traditional practices of the religious community by ensuring only authorized individuals can access the sacred space, preventing desecration or disruption.
Section 16(2)(b) gives the Collector broad authority to take any other actions deemed necessary to protect the monument from pollution or desecration. This could include measures like installing barriers, regulating visitor behavior, or preventing environmental damage to the site. The doctrine is flexible administrative discretion. It grants the Collector wide powers to adapt protective measures to the specific needs of the monument, ensuring its sanctity and physical integrity.
Section 16 of the AMASR Act aims to protect the religious and cultural integrity of protected monuments used as places of worship by prohibiting misuse and ensuring safeguards against pollution or desecration. It balances heritage preservation with religious freedom but leaves several gaps in implementation and clarity.
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