Subramanian Swamy Moves Supreme Court Seeking National Monument Status for Ram Setu

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In a new Public Interest Litigation (PIL), Dr. Swamy has requested that the Centre be directed to take immediate action on his earlier application.

New Delhi – 26th May: Senior BJP leader Dr. Subramanian Swamy has once again approached the Supreme Court of India, urging the court to direct the Central Government to declare Ram Setu as a national monument and recognize it as national heritage.

In a new Public Interest Litigation (PIL), Dr. Swamy has requested that the Centre be directed to take immediate action on his earlier application.

According to the petition, Swamy had submitted a formal request to the Central Government in January 2023 after the Supreme Court allowed him to do so. However, till now, no decision has been taken by the government.

In his PIL, Dr. Swamy stated that Ram Setu qualifies as an ancient monument under Indian law. He said it satisfies the conditions mentioned in the Ancient Monuments and Archaeological Sites and Remains Act, 1958, especially Sections 3 and 4 of the Act.

“Ram Setu fulfills all the conditions under Section 3/4 of the Ancient Monuments and Archaeological Sites Act 1958,” the petition says.

Dr. Swamy further argued:

“Ram Setu meets all the prescribed criteria to be called an ancient monument. Because it meets historical, archaeological and artistic conditions.”

He also emphasized that, according to the Act, once a structure is found to meet the required conditions, the Central Government is bound by law to declare it a national monument.

“Therefore, under the rule declaring ancient monuments of national importance and national monuments, the Central Government is bound to declare it a national heritage.”

The demand to protect Ram Setu is not new. Subramanian Swamy had raised this issue as far back as 2007 in his legal battle against the controversial Sethusamudram Ship Channel Project.

The Sethusamudram project aimed to create an 83-km-long shipping channel connecting the Mannar Gulf and Palk Strait. The plan involved extensive dredging, which was alleged to threaten the existence of the Ram Setu—a natural formation considered sacred by many Hindus.

Earlier, The Supreme Court on October 3, 2023, rejects a plea that sought the construction of a wall at the Ram Setu site located ‘in the sea’ spanning a few meters or kilometers. This proposed wall was intended to facilitate ‘Darshan’ or viewing for the public. The plea was presented as a writ petition under Article 32 of the Constitution of India by the Hindu Personal Law Board, represented by Lucknow-based advocate Ashok Pandey.

The public interest litigation (PIL) was presented before a bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia. The apex court subsequently dismissed the plea. The petitioner, Hindu Personal Law Board, through its president Ashok Pandey, fervently advocated for the declaration of Sri Ram Setu, also referred to as Nalahin Setu or Setu Bandh, as a national monument. This declaration was sought within the framework of the Ancient Monuments, Archaeological Sites, and Remains Act 1958.

For those unfamiliar, the ‘Ram Sethu’, colloquially known as Adam’s bridge, is a series of limestone shoals that stretch between Pamban Island, located off the south-eastern coast of Tamil Nadu, and Mannar Island, situated off the north-western coast of Sri Lanka.

The plea elucidated,

“In case this Setu is made accessible, it will pave the way for individuals from around the globe to journey to Dhanuskoti (Rameshwaram) for the Darshan of this bridge, believed to be constructed under the directives of Lord Ram. If realized, the common populace will have the privilege to traverse this bridge for a few meters. This will satiate the aspirations of countless individuals, akin to the petitioner, to walk, rest, and even sleep on this legendary bridge, which, as per lore, was the path Lord Ram and his army took to Lanka to vanquish Ravan and to institute Ram Raj in Lanka.”

What is Ram Setu?

Ram Setu, also known as Adam’s Bridge, is a chain of limestone shoals situated in the shallow waters between Pamban Island (near Rameshwaram in Tamil Nadu) and Mannar Island (off the northern coast of Sri Lanka). The formation is believed by many to be the same bridge described in the epic Ramayana, where it is said to have been built by Lord Rama’s vanara army to reach Lanka and rescue Goddess Sita.

According to the Ramayana, Lord Rama built the Ram Setu to reach Lanka in order to save Sita.

This religious, historical, and cultural belief has strengthened the call to protect and preserve the Ram Setu as a national symbol of India’s ancient heritage.

CASE TITLE: DR. SUBRAMANIAN SWAMY vs UNION OF INDIA AND OTHERS.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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