Recovery of Stolen Antiquities from India [UPSC Notes]

An investigation on Indian antiquities abroad done by the Indian Express and International Consortium of Investigative Journalists and Finance discovered that at least 77 items with links to notorious smuggler Subash Kapoor are present in the catalogue of the Metropolitan Museum of Art, New York. Know more about the smuggling of antiquities and the recovery of stolen antiquities from India for the IAS exam.

Famed US museum to repatriate 15 stolen Indian artefacts

The Metropolitan Museum of Art in New York has announced that it will be returning 15 antique sculptures to the Government of India. These sculptures were discovered to have been “illegally removed” from India and sold by Subhash Kapoor, a US citizen and art dealer who is currently serving a prison term in Central Prison, Tiruchi, for burglary and the illegal export of 19 antique idols from a temple in Ariyalur.

Chain of events: 

• Kapoor was arrested in Germany in 2012 and subsequently charged by prosecutors in Manhattan with stealing and possessing millions of dollars worth of artefacts over a period of 30 years. Since then, museums and art galleries across the world have been handing over artworks sold by him to Indian authorities.
• Kapoor is currently serving a 10-year prison term in Tamil Nadu’s Trichy central jail for smuggling antiquities.
• The Metropolitan Museum of Art said that it had contacted Homeland Security about its works from Kapoor in 2015 and was acting on the matter as a result of the criminal investigation into Kapoor by the Manhattan District Attorney’s Office. The museum received new information from the Manhattan DA’s office about 15 works of art that made it clear that the works should be transferred, resulting in a constructive resolution.
• The museum stated that it is actively reviewing the history of antiquities from suspect dealers and values its long-standing relationships with the government of India. The recovered artefacts will be returned to India, and the museum is pleased to resolve the matter.

Major antiquities which will be repatriated:

• The sculptures being returned range in date from the 1st century BCE to the 11th century CE, and include terracotta, copper, and stone. One of the sculptures is a sandstone Apsara, a celestial dancer, from Madhya Pradesh, measuring 33.5 inches tall, and worth $1,000,000. The work was acquired by Florence and Herbert Irving in two parts — bust and lower torso (from Kapoor) and joined by the MMA in 1992 after they loaned it to the museum.

Source: The Indian Express

• Other artefacts being returned include a ceramic pot from Chandraketugarh of the 1st century B.C.E, a stone bust of Kamadeva, the God of Love, from the second half of the 8th century C.E, and a Svetambara enthroned Jina with attendant Yaksha and Yakshi from the 11th century C.E.

Source: The Indian Express

Definition of Antiquity

The Antiquities and Art Treasures Act, of 1972, defines antiquity as a certain category of objects listed below that has been in existence for not less than one hundred years. They are:

• 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            

For a manuscript, record or other documents of scientific, historical, literary or aesthetic value the duration is fixed at not less than 75 years.

• The UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property defines cultural property as property having importance for archaeology, prehistory, history, literature, art or science for the designated country.
• The convention also says that illicit import, export and ownership transfer is depriving the cultural heritage of the country of origin.
• The Convention also suggests international cooperation as a means to protect the cultural property of the country.

Indian Laws on Antiquities

The seventh schedule of the Constitution contains the following items related to antiquities:

• Item-67 of the Union List
• Item-12 of the State List
• Item-40 of the Concurrent List 
• One of the major acts implemented since 1976 was the Antiquities and Art Treasures Act, of 1972 (AATA).      
• Before enacting the Antiquities and Art Treasures Act, of 1972, Antiquities (Export Control) Act was passed in 1947 to ensure that antiquities are exported with a license. 
• Ancient Monuments and Archaeological Sites and Remains Act were enacted in 1971.
• Antiquities and Art Treasures Act, 1972 (AATA) prohibits trade in antiquities without a license and makes it unlawful for persons other than the government to export antiquity or art treasure. 
  • AATA mandates those who possess antiquity to register and obtain certificates.
• There has been registration of 3.52 lakh antiquities among the 16.70 lakh documented under the National Mission on Monuments and Antiquities.

Retrieval of Antiquity from Abroad

• For antiquities taken out of the country before independence, the issue needs to be raised bilaterally or in international forums.
• Objects taken out of the country after independence can be retrieved easily by raising the issue bilaterally through submitting proof of ownership and using the UNESCO convention.

Why are Ancient Indian sculptures illegally traded?

• Demand: Indian art, including ancient sculptures, is highly sought after by collectors and art enthusiasts worldwide, leading to a lucrative market for these artefacts.
• Weak laws and regulations: India has weak laws and regulations when it comes to the protection of its cultural heritage, making it easier for artefacts to be stolen or smuggled out of the country.
• Looting: India has a long history of looting and plundering by foreign invaders, leading to the loss of many precious artefacts.
• Poverty and lack of resources: In many cases, poverty and lack of resources in rural areas make it easier for smugglers to bribe locals and obtain artefacts.
• Corruption: Corruption is prevalent in India, and some officials may turn a blind eye or even actively facilitate the illegal trade of artefacts for personal gain.
• Lack of awareness: Many Indians may not be aware of the significance and value of their cultural heritage and may sell or trade artefacts without realizing their importance.
• Globalization: In a globalized world, it is easier for smugglers to transport and sell artefacts across borders, making it more challenging to track and recover stolen or smuggled artefacts.

Way ahead to ensure the repatriation of artefacts and check illegal smuggling: 

• Stronger laws and regulations: India needs stronger laws and regulations to protect its cultural heritage and prevent the illegal smuggling of artefacts. This includes strict penalties for those involved in the illegal trade of artefacts and stronger measures to prevent the looting of archaeological sites.
• International cooperation: International cooperation is essential to prevent the illegal trade of artefacts across borders. India can work with other countries to identify and track smuggled artefacts and to repatriate them.
• Awareness campaigns: Raising awareness about the importance and value of India’s cultural heritage is crucial to prevent the sale or trade of artefacts. This can be done through education and outreach programs.
• Technology: The use of technology, such as GPS tracking and online databases, can help track and recover stolen or smuggled artefacts.
• Cooperation between government agencies: Different government agencies, such as the police, customs, and intelligence agencies, need to work together to prevent the illegal trade of artefacts.
• Repatriation policies: India can develop policies to encourage the repatriation of artefacts, such as offering incentives to collectors or museums who voluntarily return stolen or smuggled artefacts.
• Preservation and documentation: Preserving and documenting India’s cultural heritage can help prevent the loss of artefacts due to neglect or destruction. This includes investing in the preservation and restoration of archaeological sites and artefacts, as well as digitizing and creating online databases of India’s cultural heritage.

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