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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Mahadevan, P.D.Audikesavalu, JJ.
The Director, Archaeological Survey of India, Janpat, New Delhi and ors. – Respondents
Suo Motu W.P.No.574 of 2015 and WP(MD)No.24178 of 2018 And W.M.P.Nos.30869 of 2017, 19652 of 2018, 20421 of 2020 and 1810, 1814, 1816, 1818, 1819, 1821 and 1822 of 2021
Decided On : 07-06-2021
Constitution of India,1950 - Articles 26, 25, 26, 49, 51-A, 51A(f), 25(1) and 14 - Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1991 - Sections 6(17), 78, 79, 80 and 6(18) - HR&CE Act, 1959 - Section 23 - Ancient Monuments and the Archaeological Sites and Remains Act - Sections 30C, 30A and 30B - Diverse pool of cultural heritage and ancient monuments in form of buildings - Archaeological sites and remains - Whether a property will be included in the World Heritage List - Whether particular person has some credentials with UNESCO - Whether removal of idol was justified - Whether repairs/construction carried out by the Jain Temple Trust amounts to vandalising said temple or was it permissible to make the construction by the Trust in the present form - Whether prosecution under the Customs Act is maintainable - whether religious or not have to be taken stock, recovered, maintained and celebrated - Whether the Viceregal Lodge should be declared as historical heritage - Whether it is a structure or erection of historic - India has extraordinary, vast and diverse pool of cultural heritage and ancient monuments in form of buildings, temples and other archaeological sites and remains - Its southern State Tamil Nadu’s ancient culture is one of the most glorious ones to have existed in the world’s history, dating back more than 2,000 years - Its immortal creations of resplendent architecture, design and construction of forts to temples, murals to paintings, sculptures to scriptures, made of lime mortar to clay bricks, from stones to rocks, from herbs to fruits in an era of might is right, have stood bent on to unite this glorious land. Tamil Nadu is famous for all over the world its magnificent and ancient temples - Monuments here are the remembrances of the living witnesses about the golden historic era of over thousand years - Exemplify valor of this land and are the symbols of cultural expressions - More particularly, temples, many of which are more than 2000 years old, are repositories of knowledge and treasure houses of arts & architecture - They are continuing legacy, which connect the present with the past and vice versa and are living symbols of unique culture; and festivities connected there to make them vibrant and colorful. Our people are also deep rooted in heritage – Held, Employees and trustees concerned with temples are made to be governed by Tamil Nadu Government Servants Conduct Rules - There shall be a prohibition for person with political background to be appointed as a Trustee or employee of the temple in any cadre, in view of Rule 14 of the Tamil Nadu Government Servant Conduct Rules - Central Government shall implement the Ancient Monuments Act in letter and spirit, by declaring all religious structures more than 100 years old including temples, temples' tanks, mutts, temple chariots, jewels, art, artefacts, and sacred groves etc., including private denomination temples, as ‘national monuments’ with immediate effect - &CE Act must be suitably amended by strict incorporation of penal provisions as per IPC and the procedures laid down under the Cr.P.C to cover all the illegal acts done in respect of temples for proper action - Steps be taken to amend the HR&CE Rules by incorporating various provisions on the line of National Conservation Policy and International Charters regarding conservation of monuments - Daily maintenance to upkeep the animals, which are considered as customs, shall be accorded to scientific and responsible local Government Veterinary Officers and Forest Department Officials - No litigation in respect of the subject matter of present petition shall be entertained by subordinate courts. Incase any suit or other legal proceedings are filed, the subordinate courts shall refer the same to this court in view of decision rendered by the Honble apex court in Mrinalini Padhi case (cited supra). For clarification - W.P No. 574 of 2015 and W.P.(MD) No.24178 of 2018 are disposed of - Miscellaneous Petitions are closed
ORDER :
R.MAHADEVAN, J.
"Without culture, and the relative freedom it implies, society, even when perfect, is but a jungle. This is why any authentic creation is a gift to the future."
- Albert Camus
“We repeat, these hybrid constructions are not the least interesting for the artist, the antiquary and the historian. They make us aware to what extent architecture is a primitive thing, demonstrating as they do, like the cyclopean remains, the pyramids of Egypt, or the gigantic Hindu pagodas, that architecture's greatest products are less individual than social creations; the offspring of nations in labor rather than the outpouring of men of genius; the deposit let behind by a nation; the accumulation of the centuries; the residue from the successive evaporations of human society; in short, a kind of formation. Each wave of time lays down its alluvium, each race deposits its own stratum on the monument each individual contributes his stone. Thus do the beavers, and the bees; and thus does man.”
- Victor Hugo
While considering the importance of issues involved in the present cases, the aforesaid quotes of the renowned literary masters have been reminiscent in the mind of this Court.
1.1 India has extraordinary, vast and diverse pool of cultural heritage and ancient monuments in the form of buildings, temples and other archaeological sites and remains. Its southern State Tamil Nadu’s ancient culture is one of the most glorious ones to have existed in the world’s history, dating back more than 2,000 years. Its immortal creations of resplendent architecture, design and construction of forts to temples, murals to paintings, sculptures to scriptures, made of lime mortar to clay bricks, from stones to rocks, from herbs to fruits in an era of might is right, have stood bent on to unite this glorious land. Tamil Nadu is famous for all over the world its magnificent and ancient temples. The monuments here are the remembrances of the living witnesses about the golden historic era of over thousand years. They exemplify the valor of this land and are the symbols of cultural expressions. More particularly, the temples, many of which are more than 2000 years old, are repositories of knowledge and treasure houses of arts & architecture. They are continuing legacy, which connect the present with the past and vice versa and are living symbols of unique culture; and the festivities connected there to make them vibrant and colorful. Our people are also deep rooted in heritage. However, these heritage and cultural assets are going into oblivion now-a-days. The upcoming generation does not know about the value of the same. That apart, the custodians of grand and antique temples and ancient monuments are least bothered and the conservation of our valuable heritage is deteriorating not due to any natural calamity or catastrophe, but due to reckless administration and maintenance under the guise of renovation.
1.2 In ancient times, there have been cultural invasions, which though have damaged certain places with historical and archaeological importance to thrust deep rooted dispel into the minds of our people with hyperbole, there is much more in this land to pass on. It would not be enough if a monument or a heritage site is just handed over to future generations it is equally exigent that its history is also passed on. The younger generation hyping upon science and technological development needs to understand that many things claimed to be discovered and equated with scientific objective were said and laid down here before centuries in spiritual sphere. The intelligence, knowledge and skill of the people of this land have been far superior and precocious even in fields that science is yet to find answers. In proof, not only have the primogenitors of this land left behind theories beyond human comprehension, but also astonishing and illuminating monuments and scriptures. The object of such creation was not just a personal achievement, but a conscious effort to
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