Old law prevents preserving war sites

Many places linked to the history of the 1971 liberation war, such as battlefields, mass graves, and torture cells used by the Pakistani army and their local collaborators, remain unprotected.

War researchers and archaeologists say steps cannot be taken to preserve those historic places as ‘protected archaeological sites’ due to a century-old law.

The Department of Archaeology (DoA) under the cultural affairs ministry, responsible for preserving historic sites, cannot look after the liberation war sites since they are not 100 years old.

According to the Antiquities Act (Ancient Monuments Preservation Act of 1904), the department can consider enlisting an archaeological site only if it is 100 years old.

However, researchers and archaeologists think the DoA should not be restricted by the law when it comes to preservation of the sites related to the liberation war that are still less than 50 years old.

“If we wait 100 years for a place to be declared an archaeologically protected site, it will be too late to preserve many priceless sites and relics of liberation war,” said Mohammad Anowarul Islam, a professor of history at the University of Chittagong. He is currently working with the history of 1971 liberation war.

“The archaeology department is the proper organisation to preserve war sites. In this context, the antiquities act should be amended so that it can take charge of the war sites to preserve and maintain them as archaeological sites,” he added.

The Liberation War Museum listed 467 killing fields and mass graves across the country.

The liberation war sites, after being discovered, are gradually disappearing for lack of preservation and maintenance, according to war researchers.

On 12 February, the High Court issued a rule on the government to explain within 6 July this year as to why it should not be directed to protect and maintain the important historic places relating to the liberation war of the country.

Prof Mokammal Bhuiyan, chairman of the department of archaeology at Jahangirnagar University, demanded amendment to the antiquities act so that the DoA can preserve any war site as per its value.

“The liberation war is a landmark in our national life. And so preserving relics and sites of the war is our sacred duty,” said Mokammal Bhuiyan.

“But the DoA cannot always take steps to protect the sites due to a law. The law can be modernised for the sake of preserving liberation war sites,” he insisted.

When contacted, deputy director (publication) of the DoA M Ataur Rahman said the department is not in a position to look after any of the war sites.

“You know the department, according to the antiquities act, cannot protect a site unless it is 100 years old. So, we have very little to do on the issue,” said Ataur Rahman.

He, however, mentioned that they had taken a decision, in a recent meeting, to enlist and display names of martyrs who were killed at archaeological sites across the country during the liberation war in 1971.

The DoA director general has issued a directive to 450 site offices to prepare the lists of martyrs, he pointed out.

Several private organisations including the Liberation War Museum and Bangladesh Itihas Sammilani, are working to preserve the history of liberation war.

Prof Mokammal Bhuiyan appreciated such efforts but said conservation process should be based on scientific and archaeological methods.

If a mass grave is found and unearthed today, the ministry of liberation war affairs will take charge of the site as per the existing rules.

However, researchers said the war sites should be excavated scientifically and steps should also be taken to establish site museums.

“The archaeology department, not the liberation war affairs ministry, has the expertise and experience to preserve a historic site. The department can even take the initiative to exhibit relics and build site museums as it has 450 offices across the country.

So, it should be used to preserve relics of history,” said Prof Anowarul Islam.

The archaeology department can work on preserving the liberation war sites only if they are not restricted by the old laws, he said.