Answer By law4u team
India’s rich maritime history includes numerous shipwrecks and submerged sites that represent invaluable cultural heritage. Protecting these underwater cultural resources requires specific laws and coordinated efforts by government agencies, ensuring preservation while regulating exploration and exploitation.
Legal Framework Protecting Underwater Cultural Heritage in Indian Waters
Antiquities and Art Treasures Act, 1972
Provides protection for antiquities, including underwater artifacts found within Indian territory, prohibiting unauthorized removal and trade.
Indian Treasure Trove Act, 1878
Governs the discovery and custody of treasures found underwater or on land.
UNESCO 2001 Convention on the Protection of Underwater Cultural Heritage
India is not yet a party but follows many principles for preserving underwater heritage, such as non-disturbance and in situ preservation.
The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981
Helps regulate activities in India’s Exclusive Economic Zone (EEZ), indirectly supporting heritage protection by controlling unauthorized salvage.
Coastal Regulation Zone (CRZ) Notifications
Include provisions restricting activities that might harm submerged heritage along coastal waters.
Role of the Archaeological Survey of India (ASI)
ASI conducts marine archaeology research, documents underwater sites, and regulates exploration permits.
Coordination with Indian Navy and Ministry of Culture
The Indian Navy assists in monitoring and safeguarding underwater sites, while the Ministry of Culture formulates policy and funding for preservation.
Permits and Licensing for Exploration
Exploration, salvage, or excavation of underwater cultural heritage requires official permits to prevent looting and damage.
Operational Measures
- Survey and documentation of underwater sites using modern technologies like sonar and submersibles.
- Public awareness campaigns to protect submerged heritage.
- Enforcement actions against illegal salvage and trafficking.
Challenges
- Lack of comprehensive legislation specifically dedicated to underwater cultural heritage.
- Difficulties in monitoring vast maritime zones.
- Balancing heritage protection with commercial activities like fishing and resource extraction.
Example
A shipwreck from the 17th century is discovered off the coast of Gujarat during a marine survey. The procedure includes:
- Reporting the find to the Archaeological Survey of India and relevant maritime authorities.
- ASI issues a permit for controlled underwater archaeological excavation.
- Indian Navy provides security to prevent unauthorized access.
- Documentation and preservation of artifacts are carried out under ASI supervision.
- Artifacts are conserved and displayed in museums for public education.
- Strict penalties imposed on any illegal salvaging attempts.
