Missing antiquities and laws

Since Independence, 486 antiquities have been reported as missing from the 3,696 monuments protected and maintained by the Archaeological Survey of India (ASI), says a report published in The Indian Express.

  • According to the ASI list, 322 of the 486 antiquities were reported missing since 1976, when India implemented the Antiquities and Art Treasure Act of 1972.

Laws and acts

  • In India, Item-67 of the Union List, Item-12 of the State List, and Item-40 of the Concurrent List of the Constitution deal with the country’s heritage.
  • The Antiquities and Art Treasures Act, 1972, implemented on April 1, 1976, defined “antiquity” as “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 illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages; any article, object or thing of historical interest” that “has been in existence for not less than one hundred years.”
  • For “manuscript, record or other document which is of scientific, historical, literary or aesthetic value”, this duration is “not less than seventy-five years.”

UNESCO 1970 Convention

  • The UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property defined “cultural property” as the property designated by countries having “importance for archaeology, prehistory, history, literature, art or science.”
  • The National Mission on Monuments and Antiquities has so far registered 3.52 lakh antiquities from the 16.70 lakh it has documented for an “effective check” on illegal activities.
  • There are three categories to take note of: antiquities taken out of India pre-independence; those which were taken out since independence until March 1976, i.e. before the implementation of AATA; and antiquities taken out of the country since April 1976.
  • For items in the first two categories, requests have to be raised bilaterally or on international fora.
  • Antiquities in the second and third categories can be retrieved easily by raising an issue bilaterally with proof of ownership and with the help of the UNESCO convention

(Source: Indian Express)

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