Antiquities abroad ? What Indian, international laws say

Antiquities abroad – What Indian, international laws say
 

News: According to an RTI, only 486 antiquities have been reported as missing (since Independence) from the 3,696 monuments protected and maintained by the ASI.
 

What is Antiquity?
 India’s Antiquities and Art Treasures Act (AATA), 1972, defines “antiquity” as any coin, sculpture, painting, epigraph or other work of art or craftsmanship that has been in existence for not less than 100 years. For a manuscript, record or other documents which are of scientific, historical, literary or aesthetic value, this duration is not less than 75 years.
 The UNESCO 1970 Convention defines “cultural property” as the one designated by countries having importance for archaeology, prehistory, history, literature, art or science.
 

What are Indian laws relating to country’s heritage?
 Before Independence, the Antiquities (Export Control) Act 1947 ensured that no antiquity could be exported without a license.
 After Independence, All the Union, State and Concurrent Lists of the Schedule VII of the Indian Constitution deal with the country’s heritage.
 In 1958, The Ancient Monuments and Archaeological Sites and Remains Act was enacted.
 A few incidents of theft of antiquities along with the UNESCO convention (1970), prompted the government to enact the AATA 1972.
 

Key Provisions of AATA 1972:
 Other than the Central Government, no person can export any antiquity or art treasure.
 No person can carry on the business of selling any antiquity except in accordance with the terms and conditions of a license – granted by the Archaeological Survey of India (ASI).
 After the AATA was implemented (1976), the Centre asked traders in antiquities and art objects to declare their possessions of antiquities.
 Every person who owns, controls or is in possession of any antiquity shall register such antiquity and obtain a certificate.
 

What is the ‘provenance’ of antiquity?
 It includes the list of all owners from the time the object left its maker’s possession to the time it was acquired by the current owner.
 

What are threats to antiquities?
 The illicit import, export and transfer of ownership of cultural property are one of the main causes of the impoverishment of the cultural heritage of the countries of origin (UNESCO).
 Almost 50 years after the UNESCO convention, the illicit international traffic of cultural items is sadly increasing according to INTERPOL report (2019).
 

Can India bring back antiquities?
 There are three categories – antiquities taken out of India pre-independence; taken out since independence and until the implementation of AATA and antiquities taken out since 1976.
 For items in the first category, requests have to be raised bilaterally or on international fora.
 Antiquities in the second and third categories can be retrieved by raising an issue bilaterally with proof of ownership and with the help of the UNESCO convention.
 

Why is it difficult to stop illicit activity?
 The registered antiquities in India are a very small portion of the total number (estimated to be around 58 lakh).
 In India, the problem with missing antiquities is that in many cases, there is no FIR, which is the first thing in order to prove ownership.
 The biggest challenge India is facing in bringing back antiquities is the gap between the artefacts officially declared missing and surfacing in global markets/museums.
 

Way Forward
 Robust database of existing and stolen antiques and artefacts.
 ASI must be provided with additional resources for the protection and maintenance of antiquities.
 International co-operation constitutes one of the most efficient means of protecting each country’s cultural property.