SUBHAS DATTA Vs UNION OF INDIA .
Bench: T.S. THAKUR,ADARSH KUMAR GOEL
Case number: W.P.(C) No.-000252-000252 / 2004
Diary number: 7105 / 2004
Advocates: PETITIONER-IN-PERSON Vs
SUSHMA SURI
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO.252 OF 2004
SUBHAS DATTA …PETITIONER
VERSUS
UNION OF INDIA AND ORS. …RESPONDENTS
J U D G M E N T
ADARSH KUMAR GOEL, J.
1. This petition has been filed as public interest litigation on the
issue of protection of historical objects preserved at different places in
the country particularly in various museums. Prayer in the petition is
for a direction for adequate security arrangements and for proper
investigation into the incidents of theft and damage to several
historical objects and also for making an inventory of available articles
for future.
2. Initially, the respondent in the writ petition was the Union of India
through Ministry of Human Resource Development but by order of this
Court dated 7th July, 2008, the Director General, National Museum,
Janpath, New Delhi; the Director General, Archaeological Survey of
India, Janpath, New Delhi; the Director, National Gallery of Modern Art,
Jaipur House, India Gate, New Delhi; the Director, India Museum, 27,
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Jawaharlal Nehru Road, Kolkata; the Secretary & Curator, Victoria
Memorial Hall, 1, Queen Way, Kolkata; the General Secretary, Asiatic
Society, 1, Park Street, Kolkata; the Director, Salar Jung Museum,
Hyderabad; the Acting Director, Allahabad Museum, Allahabad; the
Director, Nehru Memorial Museum & Library, Teen Murti House, New
Delhi were impleaded as parties as the said respondents are directly
concerned with the issue raised in the petition.
3. Immediate trigger for the petitioner appears to be the theft of
historical artefacts of Kabiguru Rabindra Nath Tagore, kept in the
museum of Viswabharati University at Santiniketan in West Bengal of
which Prime Minister is the Chancellor. Reference has been made in
the petition to the incident of stealing of golden coins from the Asiatic
Society of Calcutta in the year 1990. Further reference has been made
to theft from the Nandan Art Gallery of Viswabharati University in the
year 1984 and also the incidents of thefts in Victoria Memorial
at Calcutta.
4. Case set out in the petition is that the material at various centres
like Asiatic Society, National Library, Viswabharati University, Victoria
Memorial and other Indian Museums is national asset which needs
safety, security, preservation and maintenance. Under Article 49 of
the Constitution, the State is under obligation to protect every
monument, place or object of artistic or historic interest declared to be
of national importance from spoilation, disfigurement, destruction,
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removal, disposal or export, as the case may be. Under Article 51A(f)
of the Constitution, there is fundamental duty to value and preserve
the rich heritage of our composite culture. There should be proper
inventory of all historical objects preserved at different centres and
such inventory should be kept at a central place under the Government
of India. There should be periodical stock taking by an independent
agency. Ancient Monuments Preservation Act, 1904 requires proper
preservation of objects of archaeological, historical, or artistic interest.
Reference has also been made to Prevention of Damage of Public
Property Act, 1984 to state that any damage to public property is
national loss.
5. In response to the writ petition, a counter affidavit has been filed
on behalf of the Union of India by the Director, Ministry of Culture,
acknowledging that theft of Nobel Prize Medal from Viswabharti
University at Santiniketan was a matter of grave concern. It is further
stated that the CBI has been entrusted with the task of investigation,
but no report has been received. Similarly, incident of theft of golden
coins from Asiatic Society of Calcutta has been acknowledged as a fact
for which investigation was undertaken but closed. There is no report
about the recovery of the lost objects. Theft at Victoria Memorial is
also acknowledged and it is stated that the answering respondent was
in agreement with the petitioner that all possible steps should be taken
by the concerned organizations for the proper safety, security,
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preservation and maintenance of artefacts under their custody. The
Union of India was taking every possible step for safety of artefacts in
the custody of Museums/Organizations controlled by them. The
artefacts are scattered all over the country in various museums
controlled by the State Government and also with Private Museums
who have their own security systems. The Government of India had
entrusted the security to the CISF wherever it was felt necessary. The
security scenario is reviewed from time to time. It was not possible to
take responsibility of entire private and State Government owned
Museums and it was also not financially feasible to do so. The Ministry
of Culture, provides funds for museums to acquire equipments.
A meeting was convened on 8th April, 2004 by the Ministry of Culture
on issues relating to security. A Committee was set up under the
chairmanship of Director General, National Museum, for assessing the
security needs of various museums. The museums under the Ministry
of Culture have been advised to follow security norms suggested by
the Committee. It may not be financially viable to deploy a specialized
force at all places where the administration and custody of artefacts is
either in the State Governments or in private hands, but privately run
security agencies could be hired for the purpose. The Museums under
the administrative control of Ministry of Culture were keeping the
inventory of art objects which were verified from time to time. The
state organizations were engaged in the programme of digitization of
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artefacts. Initiatives were being taken in mission mode for proper
documentation of artefacts and monuments. The Antiquities & Art
Treasures Act, 1972 is in place to provide legal safeguards.
6. According to the guidelines annexed to the counter affidavit there
should be four layer coverage for external and internal security for
museums by guarding perimeter at entry points, galleries, surveillance
through manual and electronic gadgets and intangible intelligence.
There should be effective Access Control System (ACS); security should
be with a single agency; Standard Operating Procedure (SOP) should
be rehearsed at regular intervals; Galleries and Security Points should
have Intercom Networking; a Contingency Plan should be prepared to
deal with fire/smoke; robbery; power failure; spotting a suspicious
person on CCTV monitor; there should be regulation of movements of
daily wagers/private workers for repair and maintenance; there should
be least number of entry/exit points; preventive and deterrent
measures should be increased; Door Framed Metal Detector (DFMD)
should be installed at the main entrance; Hand Heed Metal Detector
(HHMD) should be provided to security staff; CCTV cameras should be
installed at different locations; Walkie-Talkie and Intercom facility
should be provided at each security point; there should be Control
Room to coordinate functioning of museum and security staff; there
should be Auto Camera at the main entrance. Infra-red Alarm system
or Punched Taped Concertina or Electric Fencing should be installed at
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the perimeter of the Museum building. The grills in the windows
should be re-enforced. There should be baggage X-Ray machine.
There should be Electronic Locks (Magnetic) for all doors of Galleries,
Storages and Strong Rooms. Visitor flow should be regulated by
Biometric Photography system. Internal intelligence staff should be
employed. Every museum should carry out security audit and impart
orientation programme in strategic areas. Safe keeping of keys of
Museum should be ensured. A Curator should be deputed for opening
and closing of the museum. Gallery locks should be installed. Regular
drill should be carried out at least once in three months. There should
be Spatial Planning for Security which should be aesthetically
attractive with a consistent Signage System, service units should not
remain in gallery areas. There should be stand-by Automatic Power
Back-Up System. There should be bullet-proof glass for vulnerable art
objects and jewellery items should be stored in the Strong Room. Infra-
red System or painting gallery and Electronic Sensor Tags should be
used for displayed objects. 6mm to 8mm thickness of glass should be
used for table showcases. Police verification of workers should be
carried out. Preventive and Fire Fighting Measures should be adopted,
smoke detectors should be installed. Fire alarm system should be
installed. Electronic choke should be used in showcases. Tripping
system should be strengthened for identification of short circuits.
Inspection of fire fighting in the electronic system should be carried
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out. Minimum wooden items should be used in galleries, fire resistant
cloth, cupboard and locker should be used for partition. The Standing
Committee of the Museum should ensure that plug points are not
broken, conduited electrical wiring should be used and electrical
fittings are replaced. The museum should have technical staff for
Curatorial/Technical/Official Management. Record should be
maintained properly as per detailed guidelines laid down.
7. Noticing the stand in the counter affidavit, this Court on
12th August, 2005 directed the Ministry to file a better and detailed
affidavit about the implementation of the recommendations and the
results achieved. The Ministry was also directed to consider giving
specialized training in respect of security and also to consider the
suggestion of verification being done by outside agencies.
8. Accordingly, an additional affidavit was filed on 9th January, 2006
stating that the matter was reviewed by the Security Committee
headed by Director General, National Museum. The recommendation
was forwarded to the selected museums and also to the State
Governments. The State Governments were also requested to apply
for financial assistance for equipment relating to security systems for
which a provision of Rs.2500 lakhs was made. The Trusts, Private
Bodies and Semi Govt. Bodies have their separate security systems
based on their needs and locations and perception of theft. With
regard to museums under the control of Ministry of Culture, the status
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of security arrangements has been indicated. According to the
affidavit, recommendations of Security Committee have been
implemented by various museums and some recommendations were
in the process of implementation. It has been further stated that
though the physical verification is regularly done by museum staff, the
idea of entrusting physical verification to outside agency has been
accepted in principle. As regards specialized training, it is stated that
security of National Museum and Salar Jung Museum has been handed
over to CISF, while security of IGRMS-Bhopal, NMML, New Delhi, NGMA-
Mumbai and New Delhi are being looked after by their own security
staff viz. Security Assistant, Gallery Attendant, Chowkidars etc. It is
not financially feasible to organize a special force for the security of
Museums spread all over the country, as the various museums/sites
are under the control of various agencies such as Central Government,
State Government, Semi Government Bodies, Trusts, Private Bodies
etc.
9. An affidavit has also been filed by Under Secretary, Government
of India, Ministry of Culture on 22nd October, 2007 in response to
additional affidavit of the petitioner annexing the status report on
implementation of recommendation of Security Committee at various
organizations. It is stated that physical verification has been done by
outside agency in the case of National Museum and such verification
was in progress in certain other museums. Museums under the control
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of Ministry of Culture were in the process of computerizing the details
of the artefacts. There are internal physical verification systems under
which artefacts are verified at regular intervals in museums under the
control of Ministry of Culture. Physical verification is specialized job
which should be done only by experts. A Committee for physical
verification was constituted under the Chairmanship of Shri M.N.
Deshpande, retired Director General, ASI which was reconstituted by
substituting Shri M. Varadarajan, former Secretary (Culture) in
April, 1999. National Museum had more than 2 lakhs works of art,
which were physically verified by the Committee in a phased manner.
Physical verification of art objects in Indian Museum, Kolkata was being
done by outside experts. Verification of art objects in Victoria Memorial
Hall was being done by internal verification agency. Theft of Nobel
Prize Medal from Viswabharti Museum and Fifth Century Buddha Head
from Indian Museum, Kolkata were being investigated by CBI. The
issues emerging in the observations of audit were being addressed.
The modalities for relocation of all the administrative and other service
units outside the museum premises were being worked out. Affidavits
have also been filed on behalf of the Salar Jung Museum, Hyderabad,
Allahabad Museum, Archaeological Survey of India, in response to
directions of this Court.
10. On 10th January, 2013, the CBI was directed to apprise the Court
about the progress of investigation relating to missing of Budha Bust
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and other cases in question. The Ministry of Culture was also directed
to respond to the affidavit of the Director, Indian Museum that due to
shortage of manpower and absence of scholars and experts in Indian
Museum, Kolkata, the work of verification which was started in the year
2005 could not be completed even in seven years. The Ministry of
Culture was directed to look into the matter and provide resources so
that substantial progress could be achieved. The Ministry was also
directed to look into the paucity of sufficient place as the Museum was
not in a position to display its items and to maintain their museum.
Directions were also issued for completion of verification of the
remaining items by the Victoria Memorial Hall. The Government of
India was directed to look into the requirement for residential
accommodation for the CISF staff near Victoria Memorial Hall. The
State Government was also directed to look into this aspect.
11. Thereafter affidavit dated 2nd April, 2013 has been filed on behalf
of the Minister stating that a meeting was held in the Ministry to
discuss the issue of physical verification of objects at Indian Museum,
Kolkata and Victoria Memorial Hall and CISF had agreed to provide
necessary staff for security subject to accommodation being provided.
Affidavits dated 21st September, 2013 have also been filed on behalf of
the Victoria Memorial Hall and the Indian Museum stating that
verification of all items available with it had almost been carried out
and that the issue of security was also being sorted out.
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12. We have heard the petitioner in-person and learned counsel for
the respondents.
13. The petitioner in person submits that inspite of various directions
of this Court during pendency of this petition for the last more than ten
years, the situation is still not satisfactory. Neither the stolen articles
have been recovered nor adequate security measures fully adopted.
The updating of inventory and its cross checking needs to be ensured.
14. Learned Additional Solicitor General and the learned counsel for
the respondents fairly stated that the concern of the petitioner is
genuine and there is every need to review the security measures and
to update the inventory. They assured the Court that the concern will
be addressed and necessary steps in the matter will be taken.
15. It can hardly be gainsaid that preservation of rich heritage and
culture of the country is a constitutional mandate. In UNESCO
Convention on the means of Prohibiting and Preventing the Illicit
Import, Export and Transfer of Ownership of Cultural Property adopted
in the General Conference of the United Nations Educational, Scientific
and Cultural Organization, meeting in Paris from
12th October to 14th November 1970, at its sixteenth session, which has
been duly ratified by India, the spirit of the said mandate has been
reiterated. The International Council of Museums (ICOM) (working with
the support of UNESCO) has issued guidelines for disaster
preparedness in Museums which are well known to those concerned
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with the management of Museums. The UNESCO in its quarterly
journal “Museum” has suggested measures for security of museum
objects in the light of studies undertaken by it. Performance audit of
preservation and conservation of Monuments and Antiquities is also
conducted by the Comptroller and Auditor General of India (CAG).
In its 18th report of 2013, various observations have been made by
the CAG. Learned counsel for the respondents accept the legal
position and also submit that the security and maintenance of historic
artefacts requires serious and continuous efforts by technically trained
persons. The challenges pointed out by the respondents, who are
running and managing museums, in their affidavits that there are
space constraints, manpower shortage and lack of other resources
need to be looked into by the Ministry of Culture and other concerned
authorities and appropriate monitoring mechanism needs to be put in
place. Requisite funds have to be allocated so as to ensure safe
keeping of the valuable artefacts.
16. In view of assurance of learned Additional Solicitor General and
other counsel for the respondents, it may not be necessary to give any
specific direction at this stage. There is no reason to doubt the stand
of the Central Government and the other respondents that all
necessary steps will be taken and reviewed from time to time. This
Court expects that the Secretary, Ministry of Culture will review the
matter and take such necessary steps as may be identified within one
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month from the date of receipt of a copy of this order. Thereafter,
review meetings may be held at least once in every six months to
consider further course of action. If any grievance survives, it will be
open to any aggrieved person to take legal remedies in accordance
with law.
17. With the above observations, the writ petition is disposed of.
……………………………………………………J. (T.S. THAKUR)
……..…………...………………………………J. (ADARSH KUMAR GOEL)
NEW DELHI FEBRUARY 3, 2015