INTRODUCTION
Dr. Swamy has asked that the Center be ordered to respond immediately on his prior application in a new Public Interest Litigation (PIL). Dr. Subramanian Swamy, a senior BJP leader, has once again petitioned the Supreme Court of India to order the Central Government to designate Ram Setu as a national monument and acknowledge it as a piece of national heritage.
This article will examine this PIL and its associated history. It will assess its history’s applicability.
THE PIL
Dr. Swamy has asked that the Center be ordered to respond immediately on his prior application in a new Public Interest Litigation (PIL).
The petition claims that after being granted permission by the Supreme Court, Swamy made a formal plea to the Central Government in January 2023. However, the administration has not yet made a decision.
According to Dr. Swamy’s PIL, Ram Setu is recognized by Indian law as an ancient monument. According to him, it meets the requirements outlined in Sections 3 and 4 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. According to the petition, “Ram Setu satisfies all the requirements under Section 3/4 of the Ancient Monuments and Archaeological Sites Act 1958.”
Dr. Swamy went on to say that Ram Setu satisfies all requirements to be classified as an ancient monument. due to the fact that it satisfies artistic, historical, and archaeological requirements.
He further underlined that the Central Government is legally obligated to designate a structure as a national monument after it is determined to fit the necessary requirements, as per the Act. “Therefore, the Central Government is required to declare it a national heritage under the rule declaring ancient monuments of national importance and national monuments.”
Ram Setu’s protection has always been demanded. In his 2007 legal struggle against the contentious Sethusamudram Ship Channel Project, Subramanian Swamy brought up this problem.
The goal of the Sethusamudram project was to build a shipping canal that would span 83 km and connect the Palk Strait and Mannar Gulf. The design called for a lot of dredging, which was said to endanger the Ram Setu, a natural structure that many Hindus revere.
An appeal to build a wall “in the sea” at the Ram Setu location, which is a few meters or kilometers away, was already denied by the Supreme Court on October 3, 2023. The public’s “Darshan,” or seeing, was supposed to be made easier by this projected wall. Ashok Pandey, an advocate from Lucknow, represented the Hindu Personal Law Board, which filed the claim as a writ petition under Article 32 of the Indian Constitution.
The explanation of the plea,
“If this Setu is made available, it will allow people from all over the world to travel to Dhanuskoti (Rameshwaram) for the Darshan of this bridge, which is thought to have been built at Lord Ram’s direction. If it is implemented, the general public will be able to cross this bridge for a short distance. This will fulfill the dreams of innumerable people, like the petitioner, who want to stroll, relax, and even sleep on this fabled bridge, which is said to have been the route Lord Ram and his army went to Lanka in order to defeat Ravana and establish Ram Raj there.
THE RAM SETU
For those who are not familiar, the “Ram Sethu,” also referred to as Adam’s bridge, is a group of limestone shoals that run between Mannar Island, which is off the northwest coast of Sri Lanka, and Pamban Island, which lies off the southeast coast of Tamil Nadu.
Ram Setu: What is it?
A group of limestone shoals called Ram Setu, or Adam’s Bridge, are located in the shallow waters between Mannar Island, which lies off the northern coast of Sri Lanka, and Pamban Island, which is close to Rameshwaram in Tamil Nadu. Many people think the structure is the same bridge that is mentioned in the epic Ramayana, where Lord Rama’s vanara army is reported to have constructed it in order to reach Lanka and save Goddess Sita.
Who Built It?
Hindu mythology states that Lord Rama constructed it with the aid of the Vanara (monkey) army. His wife Sita was abducted and imprisoned in Sri Lanka, therefore he had to build this bridge to get there. Remarkably, the carbon analysis of the bridge and the Ramayana period (5000 BCE) coincide correctly.
TOURISM
Originally a pedestrian-friendly land bridge connecting India and Sri Lanka, Ram Setu, also known as Adam’s Bridge, is now mostly underwater. Although most of the bridge is submerged, visitors can still travel a short distance from Dhanushkodi because of shallow seas in some places.
ISRO on Ram Setu
A comprehensive map of Ram Setu, also known as Adam Bridge, has been made public by the Indian Space Research Organization (ISRO) with the assistance of NASA’s ICESat-2 satellite. The optical satellite imagery verification indicates that 99.98% of the corridor is underwater. The bridge is 8 meters above the ocean floor and 29 meters long.
HISTORICAL PRECEDENT
The ‘Ram Sethu’ was not declared a national monument by the Supreme Court on Tuesday, October 3, 2023, despite a plea for its declaration.
On Tuesday, October 3, the Supreme Court denied an appeal that sought to build a wall “in the sea” for a few meters or kilometers at the Ram Setu site so that everyone might have their “Darshan.” The Hindu Personal Law Board, acting via Ashok Pandey, an advocate in Lucknow, submitted the plea as a writ petition under Article 32 of the Indian Constitution, and it also prayed to declare.
CONCLUSION
There have been allegations that the project will negatively impact the region’s aquatic wildlife and vegetation. India’s shoreline may become more susceptible to tsunamis as a result of the dredging of the shoal line.
Subramanian Swamy, a former member of the Rajya Sabha, has petitioned the Supreme Court to order the Center to “expeditiously” rule on his request to designate “Ram Setu” as a national monument.
ABOUT THE AUTHOR
SAHIL YADAV, a law student at NLIU Bhopal, is a dedicated and passionate legal writer, who is keen to explore International law, Constitutional Law, Criminal Law, Forensic Psychology and publish research papers and articles on contemporary legal nuances and issues. He is also interested in the intersection of disciplines like history, psychology, political science, philosophy, and sociology with law.