The Orissa High Court, refusing to interfere in the Ancient Monuments and Archaeological Sites and Remains Act, has issued direction saying those who “seek to operate as photographers or guides in Archeological Survey of India (ASI) protected monuments are liable to obtain licence from the ASI after participating in the prescribed selection process”.

A Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho dismissing the writ applications filed by as many as 154 photographers and guides at the Konark sun temple, an UNESCO heritage site, ruled that “since the question is of implementation of a policy of the Central Government of 2017 to regulate and administer licenses under Rule 8 (d) of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959 which is operative throughout the country, the same should not be interfered with”.

Advertisement

The petitioners claimed in the writ petition that they had chosen the profession of guides, photographers in the precinct of centrally protected monuments of the Sun temple at Konark for a long time. However, their livelihood was at stake as ASI refused to renew their licenses to operate and set rigorous terms and conditions including educational qualification to earn eligibility to perform their professional work at the ASI-protected site.

Section 38 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 authorizes the Central Government to make rules in respect of the right of access of public to a protected monument and fee etc. In exercise of the said power, the ASI had framed a policy on 29.02.2007 for issuance of licenses to the photographers to operate within the precinct of central monuments with effect from 1 February 2007.

The Director General, ASI had invited applications from the eligible persons for issuance of photograph license in accordance with the 2017 Policy. The notification set a minimum qualification of having passed matriculation/10th for the photographers and the applicants were required to undergo a written examination and interview.

The ASI has prohibited the means of self-employment of the appellants which are arbitrary and seriously jeopardized rights guaranteed to the appellants under Article 19(1)(g) of the Constitution of India, the petitioners had argued.

The 13th century Sun Temple, intricately built as a huge solar chariot with 12 pairs of ornamented wheels dragged by seven horses, is a hugely popular tourists’ destination of the State.