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THE ANTIQUITIES AND ART TREASURES ACT, 1972

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This article is written by Nivetha S of 10th Semester of Sathyabama Institute of Science and Technology, Chennai, an intern under Legal Vidhiya.

ABSTRACT

An Indian law passed in 1972 called the Antiquities and Art Treasures Act sought to stop the illegal smuggling and trafficking of cultural artwork. In an effort to protect the nation’s rich cultural legacy, it controls the export of antiques and artwork. The Act creates authorities to enforce these regulations, defines antiquities and art treasures, and limits their transfer outside of India. It is essential to preserving India’s artistic and historical legacy. India’s significant laws, such as the Antiquities and Art Treasures Act, 1972, were enacted with the intention of protecting the nation’s rich cultural legacy. The purpose of this Act is to counteract the illicit trade and smuggling of art treasures and antiquities, which are seriously harming India’s artistic and historical heritage.

KEYWORDS

Antiquities, Smuggling, Cultural Heritage, Art Treasures, Archaeological sites, Fraudulent dealing, Protected objects, Provenance, Antique idols, Repatriation issues, Red Tapism.

INTRODUCTION

Ancient artifacts and artwork, such as jewelry, paintings, and sculptures, have long played a significant role in the culture of India’s people. Regretfully, India’s treasures have been stolen and destroyed for a very long time even before the country was freed from British colonial rule. This is a persistent problem that needs to be addressed right away. The Antiquities and Art Treasuries Act, passed by Parliament in 1972, repealed the Antiquities (Export Control) Act of 1947. Artworks of great cultural and historical significance are gathered and displayed by the Archaeological Survey of India, a branch of the Ministry of Culture.[1]

According to the Antiquities and Art Treasures Act of 1972, an object or article that is 100 years of age or older qualifies as an “antiquity.” It could be a coin, a sculpture, an epigraph, a painting, a thing taken from a cave or a building, or anything that depicts the literature, science, art, crafts, or customs of a bygone era, or anything else of historical significance. It should be at least 75 years old if it is a manuscript or other record with scientific, historical, literary, or artistic value. A human work of art that is not ancient and has been designated as a treasure by the Center for Cultural Heritage due to its artistic merits after the artist’s passing is known as an art treasure. On the other hand, unregistered antiquity is illegal to possess. “Every person who owns, controls, or is in possession of any antiquity” is required by Section 14(3) of the Act to register it with a registering officer and obtain a certificate of registration within 15 days of obtaining it.

ANTIQUITIES AND ART TREASURES ACT, 1972

To prevent smuggling and fraudulent commercial activities involving antiques, control the export of antiquities and sculptures, acquire antiquities and sculptures for conservation purposes, and address other related matters, the Antiquities and Art Treasures Act, 1972, was passed. The Act defines “antiquity” as any sculpture, coin, picture epigraph, other artwork, writing, item taken out of a cave or other structure, or item that represents political, scientific, literary, traditional, or religious matters from antiquity. It also contains historical items or artifacts that have been recognized as antiques by the Central Government and have been used for at least a century, as well as any writings or records that have lasted for at least 75 years and are valuable in history or science.[2]

According to the Act, an “art treasure” is any work that is not ancient and that the Central Government has recognized by publishing in the Gazette, taking into account its creative or aesthetic value. The Act prohibits the export of historic or artistic treasures by anyone other than the Central Government or an authorized party. Only in accordance with the conditions and terms of the permit granted by the designated authority may the Central Government or any authorized individual export antiquities.

The 1962 Customs Act, which forbids the export of antiquities, will serve as the guide for this export. After the Act takes effect, conducting business, such as selling any historically significant items, is forbidden unless permitted by the license terms granted under the Act. This prohibition lasts for six months. Licensing officers who are Gazette Officers in government departments may be appointed by the central government. The Central Government will decide on the licensing officers’ roles and authority. A person must submit an application for a license to the relevant licensing officer with jurisdiction if they want to engage in the commercial dealing of antiquities. After receiving the application, the licensing officer will investigate as needed before granting a license, taking into account the applicant’s prior experience dealing with antiquities as well as the location of the business. Along with other requirements, the licensing officer will take into account the quantity of people conducting antiquity-related business in the same area and other elements required to grant a license.[3]

SALIENT FEATURES OF THE ACT

The primary objectives of India’s Antiquities and Art Treasures Act of 1972 are the preservation and safeguarding of historical monuments, archaeological sites, and artistic legacies. A few noteworthy characteristics are:

Together, these clauses seek to protect India’s cultural and historical legacy by outlawing the illicit trade in priceless artifacts and guaranteeing their preservation for future generations.

AUTHORITIES OF THE ACT

In India, various authorities are established by the Antiquities and Art Treasures Act of 1972 to oversee the conservation, management, and safeguarding of antiquities and art treasures. Among the principal authorities granted by this act are:

IMPORTANT PROVISIONS OF THE ACT

Section 2: Definition of Antiquities

 According to the Act, antiquities include any coin, sculpture, painting, epigraph, or other artistic or handcrafted creation; any item, object, or thing that is separated from a building or cave; any item, object, or thing that serves as an example of science, art, crafts, literature, religion, customs, morals, or politics in the past; any item of historical significance; and any item, object, or thing that the Central Government designates as an antiquity for the purposes of this Act.

Section 3: Regulation of Export Trade in Antiquities and Art Treasures

Under the terms and conditions of a permit issued by the Central Government or any authority or officer designated in this capacity by the Central Government, the export of antiquities and art treasures is prohibited.

Section 5: Dealer Licensing

The Act mandates that all antiquities dealers apply for and receive a license from the Central Government.[5]

Section 6: Compulsory Acquisition of Antiquities and Art Treasures  

The Act gives the Central Government the authority to compulsory acquire any antiquity or art treasure for preservation in a public space, whether it was found prior to or subsequent to the Act’s enactment.

Section 25: Offenses and Penalties

 The Act stipulates severe consequences for breaking its rules, such as up to five years in prison, a fine, or both.

GOVERNMENT MEASURES

The Indian government has put in place several measures to protect and manage antiquities and art treasures in accordance with the Antiquities and Art Treasures Act of 1972:

All these actions are intended to control, safeguard, and maintain India’s rich cultural legacy, which is represented by antiques and priceless works of art. The goal of the government’s actions under this act is to guarantee that these priceless artifacts are managed responsibly and preserved for future generations.

 ISSUES UNDER THE ACT

ANTIQUITIES BILL 2017

To modernize and update the current legal framework governing the protection of antiquities and art treasures, the Antiquities and Art Treasures Regulation, Export and Import Control Bill, 2017 was introduced in India. This bill established strict guidelines for the import, export, and trading of antiquities and art objects to improve the regulation, control, and preservation of cultural heritage. It suggested creating a National Register of Antiquities to keep track of and record antiquities and works of art. The goal of the bill was to stop the illicit trafficking and smuggling of antiquities by regulating the purchase, ownership, and disposal of such cultural artifacts. It also sought to strengthen global standards-based cooperation between nations in the preservation of cultural heritage and expedite the repatriation of antiquities that had been illegally exported. The bill placed a strong emphasis on the necessity of a coordinated, all-encompassing strategy to protect India’s rich cultural legacy, encourage openness in transactions involving antiquities, and guarantee their survival for upcoming generations. However, more legislative updates or research is needed for the bill’s status, advancement, or enactment beyond its introduction stage in 2017.

PREVENTIVE MEASURES

The Antiquities (Export Control) Act of 1947 was repealed by the Antiquities and Art Treasures Act of 1972, and the “Rules” were enacted therein in 1973. The Act stipulates the mandatory registration of designated antiquity categories controlling the export of priceless artwork and antiquities. Anybody other than the Center or its agencies is not permitted to export antiquities under Section 3 of the Act.[8]

INTERNATIONAL MEASURES

PROVENANCE OF ANTIQUITY

The list of all owners from the moment the item left the maker’s hands until the present owner purchased it is included in the provenance. For instance, following the Kohinoor Diamond’s “provenance”: 1306: It is during this period that the diamond, which has not yet been given the name Kohinoor, is first mentioned in historical documents as belonging to the Rajas of Malwa.

CONSTITUTIONAL PROVISIONS RELATED TO INDIAN HERITAGE

The following clauses about Indian ancestry are found in Schedule Seven of the Indian Constitution:

  1. Union List: Ancient and historical monuments and records, as well as archaeological sites and remains [designated as of national importance by or under a law passed by Parliament], are included.
  2. State List: Ancient and historical monuments and records, other than those deemed by or under legislation made by Parliament to be of national importance; libraries, museums, and other comparable establishments under state control or funding.
  3. Concurrent List: Archaeological sites and remnants not specifically listed as 1 [designated as being of national significance by legislation passed by Parliament].
  4. Directive Principles of State Policy: Any monument, site, or historical or creative artifact that the Parliament has determined to be of national significance or that has been designated as such by a law that the Parliament has passed must be preserved by the State according to Article 49.
  5. Fundamental Duty: According to Article 51A of the Indian Constitution, it is the responsibility of every Indian citizen to cherish and protect our rich cultural legacy.
  6. Lawmaking: the passing of the Antiquities (Export Control) Act, which forbade the export of antiquities without a license in 1947.

To protect historic sites and monuments from damage and abuse, the Ancient Monuments and Archaeological Sites and Remains Act was passed in 1958. On April 1, 1976, the Antiquities and Art Treasures Act, 1972 (AATA), came into effect. The Archaeological Survey of India (ASI) is the authority that granted this license.[12]

CHALLENGES IN CONSERVATION OF ANTIQUITIES

PROPOSED AMENDMENT TO ANTIQUITIES ACT, 1972

The 2017 Draft Export and Import Bill for Antiquities and Art Treasures Regulation:

WAY FORWARD

There are gaps in the Antiquity Act of 1972 that need to be filled, and the need for a new, comprehensive law to safeguard Indian antiques and art treasures is highlighted by smuggling and improper handling of antiques. In order to prevent the theft of antiques and artifacts, museum security regulations need to be reviewed and reinforced. Only the upkeep and preservation of public antiquities should fall under the purview of the Archaeological Society of India. It is imperative that the ASI is not inundated with duties that transcend its primary purview. Thus, it is imperative to establish agencies with the necessary authority to handle antiques. Building a comprehensive database of both stolen and currently owned antiques and artifacts is crucial.

CASE LAW

Ram Lal Narang v. State (Delhi Administration)

The case concerns the theft and smuggling of an ancient Lord Mahavira idol from a Delhi Jain temple. Later, the idol was discovered in London. Ram Lal Narang, the defendant, was accused of plotting to commit theft and smuggling. Narang was charged by the prosecution with organizing a plot to steal the idol, transport it illegally from India, and resell it in London.

The primary question was whether the Indian Penal Code and the Customs Act allowed the accused to be tried and found guilty for both theft and smuggling of the idol. The accused could be tried for both charges and found guilty, the Supreme Court ruled. The court determined that smuggling and theft were two separate crimes, each with unique requirements and consequences. The court reasoned that the acts of stealing the idol and smuggling it afterwards were distinct crimes.[15] Once the idol was removed from the temple, the theft was finished, and when it was removed from India, the smuggling offense was also finished. As a result, the defendant may face trial and conviction for both charges.  The primary question was whether the Indian Penal Code and the Customs Act allowed the accused to be tried and found guilty for both theft and smuggling of the idol. The accused could be tried for both charges and found guilty, the Supreme Court ruled.

 The court determined that smuggling and theft were two separate crimes, each with unique requirements and consequences. The court reasoned that the acts of stealing the idol and smuggling it afterwards were distinct crimes. Once the idol was removed from the temple, the theft was finished, and when it was removed from India, the smuggling offense was also finished. As a result, the defendant may face trial and conviction for both charges. The evolution of criminal law in India has been greatly influenced by this ruling, especially in situations involving intricate criminal activity.

T. Muthukumar v. Commissioner of Customs, Chennai

T. Muthukumar, the appellant, was charged with encouraging and abetting the smuggling of goods. He worked as a customs broker. He was fined under Sections 112(a) and 114AA of the Customs Act, 1962, by the Commissioner of Customs, Chennai. This order was appealed by the appellant. The primary questions were whether the appellant could be held accountable for encouraging the smuggling of goods in his capacity as a customs broker and whether the sanctions imposed on him were appropriate. According to the tribunal, the appellant was responsible for encouraging the smuggling of goods. It did, however, lessen the punishments meted out to him. The appellant was found to have neglected to use due diligence in his capacity as a customs broker by the Tribunal. The fact that he had not confirmed the legitimacy of the documents that were shown to him made it easier to smuggle goods. As a result, the penalties were lessened. The principle that customs brokers have an obligation to use reasonable diligence in their work was upheld by the case. Under the Customs Act of 1962, they risk being prosecuted for encouraging and abetting smuggling if they don’t comply. Other cases involving customs brokers have referenced this case. It has reaffirmed the idea that customs brokers must act with reasonable caution and risk being held accountable for encouraging smuggling if they don’t. The significance of exercising due diligence in customs brokers’ work is emphasized by this ruling. It makes it very evident that customs brokers cannot avoid responsibility by pretending they are unaware of their clients’ unlawful activity. Simultaneously, it underscores the necessity of maintaining proportionality when applying sanctions. The Customs Act of 1962’s obligations and possible liabilities for customs brokers have been made clearer thanks to this decision.[16]

Union of India v. Hassan Ali Khan  

Businessman Hassan Ali Khan was charged with tax evasion and money laundering. Khan was accused by the Enforcement Directorate (ED) of hiding billions of dollars in foreign banks, which he failed to reveal to the Income Tax Department.                                                                                            

However, the Union of India filed an appeal with the Supreme Court after the Bombay High Court granted him bail. The Supreme Court was asked to decide whether Khan’s bail was appropriate given the seriousness of the charges against him, which had been granted by the Bombay High Court. The Bombay High Court erred in granting Khan bail, according to the Supreme Court. The High Court’s ruling was overturned by the Court, which also ordered Khan to be placed under arrest. The allegations against Khan, the Supreme Court reasoned, were serious in nature and involved substantial sums of money that were purportedly hidden in foreign banks. The Court observed that these offenses have a negative impact on the nation’s economy.

The Court further noted that in granting bail, the High Court had failed to appropriately consider the seriousness of the offense. The legal principle established by this case is that judges should exercise caution when granting bail in situations involving serious economic offenses. Given the seriousness of the offense and its potential effects on the economy, courts have become more circumspect when deciding whether to grant bail in these situations. The severity with which the Indian judiciary regards economic offenses is demonstrated by this ruling. It makes a clear statement that people facing similar charges won’t be able to get bail easily, especially if the charges have a big effect on the economy. The way that cases similar to this one is handled going forward has been impacted by the precedent this case.[17]

CONCLUSION

In conclusion, the Antiquities and Art Treasures Act of 1972 is a noteworthy legislative framework that has been instrumental in safeguarding and conserving India’s cultural legacy. It has assisted in controlling the ownership, export, and import of antiquities and artwork, thereby reducing the illicit trade in these priceless artifacts. Even though the act has significantly improved India’s cultural heritage preservation, there are still issues that must be resolved to make its application even more stable. We can guarantee the continuous protection and preservation of India’s priceless antiquities and art treasures for future generations to enjoy and learn from by increasing awareness, strengthening enforcement measures, and improving coordination.

REFERENCES

  1. https://www.jatinverma.org/analysis-of-antiquities-and-art-treasures-act-in-india (Last visited on November 6, 2023)
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  4. https://pwonlyias.com/current-affairs/antiquities-and-art-treasure-act/ (Last visited on November 7, 2023)
  5. https://www.casemine.com/search/in/antiquities%2Band%2Bart%2Btreasures%2Bact%2C%2B1972 (Last visited on November 9, 2023)
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[1] https://www.jatinverma.org/analysis-of-antiquities-and-art-treasures-act-in-india (Last visited on November 6, 2023)

[2] https://lawyerslaw.org/the-antiquities-and-art-treasures-act-1972/ (Last visited on November 6, 2023)

[3] https://lawyerslaw.org/the-antiquities-and-art-treasures-act-1972/ (Last visited on November 7, 2023)

[4] https://lawyerslaw.org/the-antiquities-and-art-treasures-act-1972/ (Last visited on November 7, 2023)

[5]https://www.indiacode.nic.in/handle/123456789/1693?view_type=browse&sam_handle=123456789/1362 (Last visited on November 7, 2023)

[6]https://indiaculture.gov.in/sites/default/files/acts_rules/TheAntiquitiesandArtTreasuresAct1972_12.03.2018.pdf (Last visited on November 7, 2023)

[7] https://byjus.com/question-answer/antiquities-and-art-treasures-act-1972-has-long-outlived-the-purpose-for-which-it-was/ (Last visited on November 7, 2023)

[8] https://forumias.com/blog/antiquities-and-art-treasures-act-in-india-an-analysis/ (Last visited on November 7, 2023)

[9] https://forumias.com/blog/antiquities-and-art-treasures-act-in-india-an-analysis/ (Last visited on November 7, 2023)

[10] https://forumias.com/blog/antiquities-and-art-treasures-act-in-india-an-analysis/ (Last visited on November 7, 2023)

[11] https://pwonlyias.com/current-affairs/antiquities-and-art-treasure-act/ (Last visited on November 7, 2023)

[12] https://pwonlyias.com/current-affairs/antiquities-and-art-treasure-act/ (Last visited on November 8, 2023)

[13] https://pwonlyias.com/current-affairs/antiquities-and-art-treasure-act/ (Last visited on November 8, 2023)

[14] https://forumias.com/blog/antiquities-and-art-treasures-act-in-india-an-analysis/ (Last visited on November 8, 2023)

[15]https://www.casemine.com/search/in/antiquities%2Band%2Bart%2Btreasures%2Bact%2C%2B1972 (Last visited on November 9, 2023)

[16]https://www.casemine.com/search/in/antiquities%2Band%2Bart%2Btreasures%2Bact%2C%2B1972 (Last visited on November 9, 2023)

[17]https://www.casemine.com/search/in/antiquities%2Band%2Bart%2Btreasures%2Bact%2C%2B1972 (Last visited on November 9, 2023)

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