Imagine an ancient object disappearing from its original location, village, temple, or a museum and later being auctioned in some overseas market? India has been intruded several times by many attackers, and they took away our cultural assets just because they can monetize it for some better value. Protecting India’s heritage has always been a challenge.
India has a rich cultural heritage, which is in the form of art and craft, handicraft, old monuments, sculptures, engraved antique coins, manuscripts, artifacts, paintings, weapons, books, jewelry etc. These objects are more valuable than diamonds and gold. These things help us understand how society has developed, what the challenges of earlier generations were and what can be improved in the present moment.
This article skims through the law which helps protect Indian antiquities.
Historical background
India has always had a rich history through its civilizations, customary practices which are shown through historical objects. These historical objects were looted by many invaders including afghans, mangols,, portuguese etc. These objects are more than the true value of their components like brass, gold, precious stones of which they are made. These things help us understand the evolution and development of India. These age old entities are subject to illicit trade, theft, smuggling etc. When any such activity happens the loss is not just financial it is losing emotion, history of that community or geographical boundaries. A need was felt to secure these belongings of India even when not so in good condition by the Government of India. That’s how and why the Antiquities and Art Treasure Act, 1972 was enacted.
Why is the Protection of Ancient Coins, Sculptures important?
Preservation and protection of ancient human work serves as the proof of the existence of mankind. These objects help us understand our cultural evolution, the way of living of previous generations, understanding their behaviour towards society, education, commerce, diseases. Some sculpture are of educational purposes, for example, in ancient era dancers which were known as “nartaki”, was often highly educated masses of the society and the children of royal families, kshatriyas used to go to them for understanding nuances of human behaviour to solve daily life challenges and warlike situations. Old objects are not mere artifacts or decorations, they are pieces of historical, cultural and educational importance.
How does Indian law protect Indian heritage?
India protects its cultural heritage of antique objects and art through the Antiquities and Art Treasure Act, 1972 and its rules. The 1972 Act regulates the export trade in antiquities and art treasures by providing for the prevention of smuggling and fraudulent dealings in antiquities. This Act provides for the compulsory acquisition of antiquities and art treasures for preservation in public places.
The Antiquities and Art Treasure Act, 1972
The Act made it compulsory to have a licence to sell antiquities under Section 5. Only the Government of India or any authority or agency of the Central Government shall export any antiquity and art treasure. It has made it unlawful for any other person to export any antiquity or art treasure under Section 3. Under Section 13 the Central Government is empowered to carry on the business of antiquities and prohibit others from carrying out the business of antiquities and art treasures. Under Section 14 registration of antiquities by giving reasons for preserving these and how are they cultural heritage of India under Section 14.
Antiquities and Art Treasure Rules, 1973
These rules were made under Section 31 of the Act. They provide a detailed procedure of implementation of all the requirements of the Act.
Archaeological Survey of India
The Antiquities and Art Treasure Act, 1972 falls under the purview of Archaeological Survey of India (ASI). This is the agency and instrumentality of Government of India which is attached to the ministry of Culture, Government of India. It was founded by Alexander Cunnningham in 1860. It is responsible for archaeological research and the conservation and preservation of cultural historical monuments in the country.
Meaning of Antiquities and Art Treasure
Section 2(a) of the Act defines “antiquities” as (i) any coin, sculpture, painting, epigraph or other work of art or craftsmanship.Any article, object or thing detached from a building or cave. Any article, object or thing which shows science, art, crafts, literature, religion, customs, morals or politics in bygone ages. Any article, object or thing of historical interest. Any article, object or thing declared an antique by the Central Government, by notification in the Official Gazette. The age of an antique object must not be less than hundred(100) years.
Additionally, an antique in the context of literary work is any manuscript, record or other document which is of scientific, historical, literary or aesthetic value and which has been in existence for not less than seventy-five(75) years.
Section 2(b) of the Act defines “art treasure” as any art work which is prepared by human which has an aesthetic value or artistic value, which is not an antiquity but declared an art treasure by the Central Government by notification in the Official Gazette, to be an art treasure for the purposes of this Act. But if the author/creator is alive then that object cannot be declared art treasure within the meaning of this Act.
Any coin of mughal era, british era is an example of antiquity. Art treasures include brass sculpture of Maya Devi, Nataraj-Tanjore Painting.
Conclusion
Cultural heritage is one of the most prominent assets of India. These are the records of earlier generations which help us dig about our culture, old education, art, trade, services and development of society. India preserved this asset by way of The Antiquities and Art Treasure Act, 1972. Protection of antiquities and human work of art adds to the glory of India, and provides a platform for future generations for studying history, further research, and understanding needs for the future.
