Date : 05/08/2023

Relevance –

• GS Paper 1 – Art and Culture – India’s cultural heritages
• GS Paper 2 – International Relations

Keywords: Cultural heritage, repatriation, antiquities, nationwide survey

Context –

During the Indian Prime Minister's state visit to the US, a significant achievement was the Biden administration's commitment to repatriate numerous statues and antiquities that were illicitly taken out of India. This move reflects the government's strong determination to revitalize and preserve India's abundant, varied, and multifaceted cultural heritage, a source of immense pride for every Indian.

What are Antiquities?

The Antiquities and Art Treasures Act of 1972, which became effective on April 1, 1976, provides a clear definition of an "antiquity." According to the act, an antiquity is any object or work of art that has been in existence for a minimum of 100 years. This broad definition encompasses various items, such as coins, sculptures, paintings, epigraphs, detached articles, and more, all of which offer valuable insights into the fields of science, art, literature, religion, customs, morals, and politics from ancient times.

Furthermore, the Act recognizes the significance of manuscripts, records, or other documents that hold scientific, historical, literary, or aesthetic value. In the case of these items, the required duration for classification as an antiquity is "not less than 75 years." This provision highlights the importance of preserving and safeguarding valuable records that offer valuable glimpses into the cultural and intellectual heritage of the past.

Overall, the Antiquities and Art Treasures Act serves as a crucial piece of legislation aimed at protecting and conserving India's rich and diverse cultural heritage. By defining antiquities and establishing time thresholds for different types of artifacts and documents, the Act seeks to ensure the preservation of these invaluable treasures for generations to come.

Safeguarding Antiquities: Measures at the National and International Levels.

National Level Protection Mechanism:

• In India, the protection of the country's heritage is governed by specific items in the Constitution's different lists. Item-67 of the Union List, Item-12 of the State List, and Item-40 of the Concurrent List deal with matters related to India's heritage.
• Before Independence, to safeguard antiquities from being taken out of the country without authorization, the Antiquities (Export Control) Act was passed in April 1947. This act required that any export of antiquities be carried out only with a valid license.
• Subsequently, the Ancient Monuments and Archaeological Sites and Remains Act of 1958 was enacted to further strengthen the preservation efforts. This act aimed to protect ancient monuments and archaeological sites from destruction and misuse, ensuring their safeguarding for future generations.

Global Level Protection Mechanism:

• At the international level, UNESCO played a crucial role in formulating the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. This convention aimed to combat the illegal trade and trafficking of cultural artifacts and heritage items across borders. It established guidelines and measures for the prevention of illicit import and export, as well as the restitution of cultural property to their countries of origin.
• In addition to UNESCO's efforts, the United Nations Security Council also took significant steps to protect cultural heritage sites in conflict zones. In both 2015 and 2016, the UN Security Council passed resolutions calling for the safeguarding of cultural heritage during armed conflicts. These resolutions recognized the importance of preserving cultural heritage and preventing its destruction or looting during times of war and instability.
• Through these international initiatives and conventions, efforts are being made to promote the protection and preservation of cultural heritage worldwide, recognizing its universal value and importance to humanity.

The Issue of Missing Antiquities in India:

• Since 2014, 292 antiquities have been repatriated to India, but only 13 between 1976 and 2013. The ASI's list includes 139 from Madhya Pradesh, 95 from Rajasthan, and 86 from Uttar Pradesh, highlighting the challenge in preserving India's cultural heritage. The parliamentary committee is concerned about limited success and calls for robust measures against smuggling.
• The ASI, responsible for heritage sites, faces resource challenges. UNESCO estimates 50,000 art objects smuggled until 1989, posing a significant threat to India's rich cultural legacy. Addressing missing antiquities requires comprehensive efforts at national and international levels, strengthening protection, detection, retrieval, and raising awareness for present and future generations.

The Procedure of Bringing Back Antiquities can be categorized into three parts based on the time periods when they were taken out of India:

Antiquities taken out of India pre-independence:

• For antiquities that were taken out of India before independence, the process of retrieval involves raising requests bilaterally or on international forums. Since these artifacts were taken out prior to India's independence, the retrieval process may require negotiations and diplomatic efforts with the countries where the antiquities are currently located. These efforts aim to secure the return of the artifacts to their country of origin.
• For instance, in November 2022, the Maharashtra government announced its commitment to bringing back the sword of Chhatrapati Shivaji Maharaj from London. Such initiatives involve bilateral discussions and cooperation with relevant authorities in the host country.

Antiquities taken out since independence until March 1976:

• Antiquities that were taken out of India after its independence until March 1976 can be retrieved more easily. The process generally involves raising the issue bilaterally with the country in possession of the antiquities and providing evidence of ownership. Proof of ownership may include historical records, documentation, or any other relevant evidence that establishes India's rightful claim over the artifacts. Additionally, the retrieval process can be facilitated through the assistance of the UNESCO convention.

Antiquities taken out of the country since April 1976:

• For antiquities that have been taken out of India since April 1976, the procedure for retrieval follows a similar path as the second category. Raising the issue bilaterally with the respective country, providing proof of ownership, and seeking support from the UNESCO convention can aid in the process of repatriation.
• Overall, the retrieval of antiquities involves a combination of diplomatic efforts, legal documentation, and international cooperation. Governments and relevant authorities work together to reclaim these cultural treasures and return them to their rightful place of origin for preservation and public appreciation.

Current Government’s Effort to Bring Our Heritage Home

• The current government has shown a strong commitment to bringing India's heritage back home. Taking personal interest in the matter, the Prime Minister has made efforts to address this issue. As a result, notable achievements have been witnessed, such as the return of the 11th-century statue of the poet-saint Manikkavachakar from the US.
• Under the present government's initiatives, over 351 ancient artifacts and historically significant items have been successfully repatriated. Several countries, including the US, Britain, France, Canada, Netherlands, Germany, Australia, and Singapore, have lent their support in the retrieval efforts.
• The retrieval of India's rare artifacts, ancient statues, and antiquities has now become an integral part of the country's foreign policy, in alignment with the Prime Minister's commitment to restoring India's rich cultural heritage.
• Furthermore, due to these efforts, there has been a significant decline in incidents of smuggling Indian artifacts and antiquities.
• The Prime Minister, on August 15, 2022, while addressing the nation from the Red Fort, urged citizens to take pride in India's heritage and legacy as one of the "Panch Pran" (five pledges).
• Recently, during the inauguration of the International Museum Expo 2023 in Delhi, the Prime Minister highlighted the issue of smuggling and appropriation of Indian artifacts, showcasing the government's continued focus on protecting and reclaiming the country's cultural treasures.
• In addition to retrieval efforts, the government has been diligently investing in cultural infrastructure development across the nation, aiming to build and preserve significant historical wealth for the benefit of future generations. These efforts signify a renewed dedication to safeguarding India's rich and diverse cultural heritage.

Recent Repatriation of Important Statues and Antiquities

• The 18th-century Maa Annapurna statue, stolen from Varanasi around a century ago, was located and repatriated from Canada in 2021.
• In the same year, the 10th-century Natraj statue was also brought back from London.
• The 900-year-old "Parrot Lady" sculpture from Khajuraho was successfully repatriated from Canada.
• During his visit to Australia in March 2022, PM Modi oversaw the retrieval of 29 ancient archaeological items of significance.
• Notably, statues of Shri Devi from the Chola dynasty and a terracotta woman from the Maurya period have been returned.
• In September 2021, during PM Modi's visit to the US, the American government presented him with 157 historical and archaeological artifacts from the 11th-14th century.

Way Forward

• To address the lack of a reliable database on antiquities and their locations in India and to instill a sense of value for the nation's cultural properties among citizens, it is imperative for the Union government to initiate a comprehensive nationwide survey.
• This survey should be conducted scientifically and within a specified timeframe, with active involvement from experts and scholars in the field. Each identified item must undergo close examination, thorough photography from all angles, 3D scanning, and geotagging before being officially recorded in the database.
• To ensure the system's effectiveness and accuracy, it is crucial to issue a unique identification number (UIDN) for each property. This UIDN will serve as a foolproof method of tracking and managing the vast array of antiquities and soon-to-be antiques spread across the country.
• By undertaking this ambitious survey and establishing a robust database, India can better preserve and protect its cultural heritage while fostering a deeper appreciation among its citizens for the priceless treasures that enrich the nation's identity and history.

Conclusion

• As the government endeavors to safeguard the diverse history of every state, region, and society, it is crucial for all citizens to unite and actively participate in preserving India's rich cultural heritage. A collective pledge is needed to support the government's noble efforts in this regard.
• While there have been some successes in repatriating stolen antiquities, these isolated victories hold little significance if India continues to lose thousands of such precious artifacts each year.
• To combat this ongoing challenge, India must devise more effective strategies to address the issue of private collectors, auction houses, and museums engaging in the trade of stolen Indian antiques. Stronger measures are required to regulate and prevent the illegal trade, ensuring that these cultural treasures are rightfully returned to their country of origin.
• By fostering a sense of responsibility and collaboration between the government and its citizens, India can work towards securing its invaluable cultural heritage for future generations and preserving its identity on the global stage.

Source – Indian Express