CHANDRIKA PRASAD YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) These cases remind the Court and likewise any educated person, to "value and preserve the rich heritage of our composite culture". These words are not of this Court but taken from Sub-clause 5 of Article 51-A, from the chapter on Fundamental Duties, in The Constitution of India. This case is about neglect by the State of ancient monuments and sites. Again, the State needs to be reminded of what ought to be the State policy in this regard, as directed by the Constitution. It is given in Article 49. The subject is : Protection of Monuments and Places and Objects of National Importance. The text of this article reads: "It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament, to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be."

(2.) Exchanging pleadings and counter-pleadings and filing counter-affidavits on behalf of the State is not going to preserve the archaeological sites and the heritage of Bihar. This is neither the preserve of the government, nor of the bureaucracy which runs it. The heritage belongs to the people of Bihar. This state abounds in archaeological sites, the like of which some other states of the nation do not have. Bihar was once a sight-seer's paradise. Today they are called tourists. The sites are in a neglected state and face destruction from weather and the ravages of plunderers.

(3.) The mystery which preserves ancient civilisations in India, a poetic concept of Mohammad Iqbal in his verses "Tarana-ai-Hindi" will cease to have any meaning if this abject neglect of archaeological sites and remains continues. The obligation to preserve these sites is of the State and the duty falls squarely on the bureaucracy. The subject is a portfolio of the Government. Where does the money to preserve these ancient monuments and sites go-to? Unless the answer is that there is no allocation of funds, in which case Bihar's pedigree to be a State which can touch the times of ancient civilisations may be treated as lost. Again, the blame will have to be taken by the bureaucracy.