The Antiquities and Art Treasures Act of 1972 and the Antiquities and Art Treasures Rules of 1973 are the relevant laws governing antiqui-ties and art treasures in India. The act defines an “antiquity” as a coin, sculpture, painting, epigraph, or other work of art or craftsmanship that has been in existence for 100 years or more, or refers to any manuscript, record, or other document which has beenin existence for over 75 years. An ‘art treasure’ according to the Act means the works that are not antiquity and acknowledged by the Central government by publicizing in the Gazette considering the creative or aesthetic importance. The Act makes it unlawful except the Central Government or the authorized person to export the objects that are historic or art treasure.
Preserving this cultural heritage is more than just preserving tangible items; it's an effort to protect a civilization's collective memory and identity. All around the world, countries are discovering how important it is to preserve their cultural legacy, passing legislation and setting up systems to make sure these priceless assets are around for future generations. Art is a key component of the framework for protecting cultural heritage. Ancient sculptures and contemporary paintings are examples of artwork that serve as physical representations of historical development, artistic talent, and cultural identity. In addition to being a source of pride for a country, the preservation of art is fundamental to a society's identity. The Antiquities and Art Treasures Act, 1972 was enacted by the Indian Parliament in response to the UNESCO Convention 1970.
The 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and the transfer of Ownership of Cultural Property, established by UNESCO, stands as a landmark international treaty. Enacted in response to concerns about the growing black market and the dismemberment of cultural artefacts, the convention urges States Parties to take measures to combat the illicit trafficking of cultural property. Its principles are rooted in prevention, restitution, and international cooperation, aligning with the Sustainable Development Goals of the United Nations 2030 Agenda.
The 1970 Convention, ratified by 143 states, entered into force in 1972. It mandates States Parties to adopt protective measures, control the movement of cultural property, and facilitate the return of stolen items. The Convention, serving as a pioneering effort by UNESCO, remains a cornerstone in the global commitment to preserving cultural heritage, fostering international collabora-tion, and mitigating the illicit trafficking of cultural property.
Art treasures, as per Section – 2(1) clause (b) of the AAT Act: A human work of art that is not an antique that has been designated as a treasure by the Centre due to its artistic merits after the artist’s passing is known as an art treasure. A human work of art that is not ancient has been designated as a treasure by the Centre due to its artistic merits after the artist’s passing is known as an art treasure.
The Act restricts the export of antiquities and art treasures (as defined in Section 2) to the Central Government and its authorised agencies, subject to the terms and conditions of the permit. In addition, it permits the trading of antiquities by entities other than the Central Government upon the filing of a licence application. All parties involved in the antiquity trade, excluding the Central Government, are required to obtain a licence in accordance with Section 5. A licence of-ficer is in charge of granting a licence, for the prescribed duration and under the prescribed conditions, after taking into account various factors, such as the applicant’s prior experience trading antiquities, the proposed location for the business, the number of people already employed by the applicant, and any other factors that may be prescribed.
Significance of non-exportable art treasures: The concept of non-exportable works of art arises from a deep comprehension of the possible risks that the global art market may pose to a country's cultural legacy. Declaring certain artworks non-exportable is significant because it acknowledges their extraordinary value to a country's cultural identity. Governments designate certain works of art as treasures that are not exportable in an effort to keep these cultural assets inside their borders, where they can continue to be viewed by the general public and protected from the risks and losses that come with transnational trade. Declaring a work of art non-exportable is frequently a calculated and strategic decision. It is based on the idea that some pieces of art are essential to a country's cultural legacy and should not only be considered private property. A designation like this aims to strike a balance between private property rights and the larger duty of protecting cultural assets for the good of society as a whole.
The non-exportable status of cultural artefacts acts as a barrier against the illegal trafficking of these items, a problem that has bedevilled the art world for centuries. Governments seek to stop the illicit trade, which frequently re-sults in the loss of priceless works of art, the collapse of historical collections, and the degradation of national heritage by placing restrictions on the export of particular works of art. Furthermore, designating works of art as nonexportable treasures encourages public cultural stewardship. It fosters a sense of shared responsibility for preserving these treasures and raises awareness among all people of the significance of preserving cultural heritage for subsequent generations to come.
Constitutional framework: The Government of India has laid down several statutes and other legal provisions to protect the cultural heritage of our country.
Article 51 A(F) states that it shall be the duty of every citizen of India to value and preserve the rich heritage of our composite culture.
Article 49 states that it shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
The important enactments promulgated to protect and preserve archaeological sites are as follows:
The Antiquities (Export Control) Act of 1947 was repealed by the Antiquities and Art Treasuries Act (AAT), which was passed by Parliament in 1972. The Archaeological Survey of India (ASI), a division of the Ministry of Culture, is in charge of gathering and exhibiting works of art with significant cultural and historical value.
The Indian Treasure Trove Act, 1878 -The first legislation post-establishment of the ASI enacted to protect and preserve treasure found accidentally but having archaeological and historical value.
The Antiquities and Art Treasures (AAT) Act 1972 -Enacted in September 1972 for effective control over the moveable cultural property, consisting of antiquities and art treasures. The AAT Act was followed by AAT Rules 1973 which were enforceable with effect from 5 April 1976.
The Government of India passed the Antiquities and Art Treasures Act in 1972, which is a pillar of the legal framework that safeguards and conserves the country's cultural heritage. To protect these priceless assets from illicit trafficking and to guarantee their retention within the nation, legislation regulating the export trade in antiquities and art treasures was introduced. The Act contains an array of provisions that enable the government to reg-ulate the ownership and various aspects of the trade in antiquities and works of art. 'Antiquities' are defined as any coin, sculpture, manuscript, epigraph, or other piece of art or craftsmanship that has been around for at least a century. According to the Act, any human creation that the Central Government deems to be of national significance in the interest of the country is classified as an "art treasure."
Section 3. Regulation of export trade in antiquities and art treasures:
(1) On and from the commencement of this Act, it shall not be lawful for any person, other than the Central Government or any authority or agency authorized by the Central Government in this behalf, to export any antiquity or art treasure.
(2) Whenever the central government or any authority or agency referred to in subsection (1) intends to export any antiquity or art treasure such export shall be made only under and in accordance with the terms and conditions of a permit issued for the purpose by such authority as may be prescribed.
The government is able to control the export of art treasures thanks to the Antiquities and Art Treasures Act. No one is allowed to export any antiquities or works of art without the Central Government's approval, ac-cording to Section 3 of the Act. This clause curbs the potential loss of these priceless items to foreign markets by imposing a legal embargo on the unrestricted export of culturally significant artefacts.
Section 19. Power of Central Government to compulsorily acquire antiquities and art treasures. Section 19 of the Antiquities and Art Treasures Act of 1972 empowers the Central Government to compulsorily acquire antiquities and art treasures for preservation in public places. The section provides that the Central Government may, by notification in the Official Gazette, declare any antiquity or art treasure to be of national importance and require the owner or any other person who knows or has reason to believe that such antiquity or art treasure is in his possession or control to declare the same to the Central Government.
The section further provides that the Central Government may, after giving notice in writing to the owner or any other person who may appear to be interested in such antiquity or art treasure, enter upon and inspect any place where such antiquity or art treasure is believed to be. The Central Government may also make an order for the compulsory acquisition of such antiquity or art treasure.
The owner or any other person who may appear to be interested in such antiquity or art treasure may file an objection to the order of the Central Government within a period of thirty days from the date of receipt of the order. The Central Government may, after considering the objections, confirm, modify or cancel the order. The section also provides that the Central Government shall pay compensation to the owner or any other person who may appear to be interested in such antiq-uity or art treasure. The amount of compensation shall be determined by the Central Government in accordance with the provisions of the Land Acquisition Act, 1894.
Section 23. Powers of entry, search, sei-zure, etc. (1) Any person, being an officer of Government, authorized in this behalf by the Central Government, may, with a view to securing compliance with the provisions of this Act or to satisfying himself that the provisions of this Act have been complied with— (i) enter and search any place; (ii) seize any antiquity or art treasure in respect of which he suspects that any provision of this Act has been, is being, or is about to be, contravened and thereafter take all measures necessary for securing the production of the antiquity or art treasure seized in a court and for its safe custody, pending such production
Section 24. Power to determine whether or not an article, etc., is antiquity or art treas-ure. If any question arises whether any article, object or thing or manuscript, record or other document is or is not an antiquity or is or is not an art treasure for the purposes of this Act, it shall be referred to the Director General, Archaeological Survey of India, or to an officer not below the rank of a Director in the Archaeological Survey of India author-ized by the Director General, Archaeological Survey of India and the decision of the Director General, Archaeological Survey of India or such officer, as the case may be, on such question shall be final.
Artworks or cultural artefacts that are legally forbidden or restricted from being taken out of a particular country are referred to as "non-exportable art treasures". Laws or regulations enacted by the government with the intention of safeguarding and conserving a country's cultural heritage often result in the designation of nonexportable status. The notion is that some pieces of art are extremely important to the country's culture, history, or aesthetics; as a result, exporting or removing them would compromise their ability to be preserved domestically. China, Japan, and the Philippines are a few nations that have official recognition of National Treasures. Buildings, structures, fine arts, and crafts are all included in the classification that spans the categories. The list is dynamic and changes in these countries in response to the recognised need to protect, develop, and foster all facets of cultural forms and heritage. The fundamental idea is to preserve historical and cul-tural assets for future generations and foster a sense of patriotism—the idea of "nationalism"—through cultural heritage. Greece, Italy, and a few other European nations are also familiar with this idea.
Non-exportable art treasures are works of art that have been declared by the Central Government of India as national treasures and cannot be exported out of the country without authorization. While acknowledging the rights of private ownership, the non-exportable designation seeks to strike a balance by prioritizing the broader public interest in preserving cultural heritage. It recognizes that certain artworks transcend individual ownership and hold collective value for the entire society.
Process of Declaration Non-exportable Artworks: The process of declaring a paint-ing or art as a non-exportable art treasure is a Suo motu process, meaning it is initiated by the government itself. The government may constitute a committee consisting of experts having knowledge of works of art to consider and submit a report on the artistic and aesthetic value of the work of art proposed to be declared as an art treasure. The Central Government may also give notice of its intention to declare a work of art as an art treasure and require the author or any other person knowing the author to make known to the Central Government the name of the author and the fact of the author being alive and his address or, as the case may be, the date on which the author was last seen alive, and the last known address of the author. The evaluation of the cultural significance of a work of art is a complex process that involves the consideration of various factors such as the historical, artistic, and aesthetic value of the artwork.
The involvement of committees or expert panels is crucial in this process, as they provide expert opinions on the cultural significance of the artwork. The role of art historians and scholars is also important in this process, as they can provide valuable insights into the historical and cultural context of the artwork. Once the experts have submitted their report, the Central Government may issue an official notification declaring the artwork as a non-exportable art treasure. The notification is published in the official gazette of the Central Government.
Identification of Art Treasures: The process begins with the identification of artworks or cultural artefacts that are considered to be of national importance. This identification is often carried out by cultural authorities, experts, and institutions with expertise in art and cultural heritage. Criteria for identification may include historical sig-nificance, artistic excellence, and representation of cultural traditions.
Role of Cultural Authorities and Experts: Cultural authorities and experts play a pivotal role in evaluating and determining the cultural significance of artworks. Their expertise helps in assessing the historical and artistic value of the items under consideration. These authorities may be appointed by the government or relevant cultural institutions.
Evaluation of Cultural Significance: The evaluation process involves a thorough examination of the identified artworks based on specific criteria. Factors such as historical importance, artistic merit, uniqueness, and cultural representation are considered. Committees or expert panels may be formed to conduct a comprehensive review.
Government Notification: Once the evaluation and expert recommendations are complete, the government issues official notifications declaring specific artworks as non-exportable art treasures. This notification is a formal declaration of the status of the iden-tified artworks and is published in government gazettes. This publication ensures transparency and makes the information accessible to the public.
Legal Framework Compliance: The entire process is conducted in accordance with the Antiquities and Art Treasures Act, 1972. The legal provisions of the Act, including sections related to the identification, evaluation, and declaration of art treasures, are followed to ensure that the process is legally sound and in compliance with national regulations.
Involvement of Committees: Committees or advisory bodies may be involved in the decisionmaking process. Having regard to the nature and other matters pertaining to any human work of art which the Central Government proposes to declare to be an art treasure under clause (b) of Section 2 of the Act the Central Government considers it necessary so to do so, it may, by notification in the Official Gazette, constitute a committee consisting of not less than three persons having expert knowledge as to like works of art to consider and submit a report on the artistic and aesthetic value of the work of art so proposed to be declared.
The main objective of the Antiquities and Art Treasures Act of 1972 was to prohibit the export of Indian antiquities. Important arte-facts were taken from numerous historical and cultural sites during raids, as the trade in antiquated objects was booming. Without any legislation, the government of the day could not legitimately pursue or prosecute any case.
The designation of certain artists as National Treasures was an unusual development. The Archaeological Survey of India (ASI) recommended the list. Since the main goal of ASI is to maintain and excavate sites of national significance, we were unable to determine why ASI was given this responsibility or, for that matter, how the artists on the list were chosen or consulted.
G.8.R. 904(E), December 1st, 1976 -With consideration for their artistic and aesthetic value, the Central Government declared the following human works of art not antiquities to be "art treasures" for the purposes of the Antiquities and Art Treasures Act, 1972 (52 of 1972): paintings (including drawings, sketches, diagrams, and the like) and plastic art objects by:
1. Rabindranath Tagore;
2. Amrita Sher-Gil;
3. Jamini Roy; and
4. Nandalal Bose.
This declaration was made in exercise of the powers granted by clause (b) of sub-section (1) of Section 2 of the Antiquities and Art Treasures Act, 1972 (52 of 1972).
GSR 477(E), August 10,1979. -Concerning their artistic and aesthetic value, the Central Government declared the following human works of art—not antiquities—to be art treasures for the purposes of the Antiquities and Art Treasures Act, 1972 (52 of 1972): paintings (including drawings, sketches, diagrams, and the like) and objects of plastic art by:
This is done in the exercise of the powers granted by clause (b) of subsection (i) of section 2 of the Antiquities and Art Treasures Act, 1972 (52 of 1972).
Conclusion: the Antiquities and Art Treasures Act of 1972 is the primary legislation governing antiquities and art treasures in India. The act defines an “antiquity” as a coin, sculpture, painting, epigraph, or other work of art or craftsmanship that has been in existence for 100 years or more or refers to any manuscript, record, or other document which has been in existence for over 75 years. The export of antiquity is illegal unless the central government of India authorizes such export.
The process of declaring a painting or art as a non-exportable art treasure is a suo motu process, meaning it is initiated by the government itself. The government may constitute a committee consisting of experts knowing works of art to consider and submit a report on the artistic and aesthetic value of the work of art proposed to be declared as an art treasure. The evaluation of cultural significance of a work of art is a complex process that involves the consideration of various factors such as the historical, artistic, and aesthetic value of the artwork. The involvement of committees or expert panels is crucial in this process, as they provide expert opinions on the cultural significance of the artwork.
The significance of declaring art as non-exportable is to preserve the country’s cultural wealth and prevent the permanent export of India’s treasures. The following nine artists have been declared as national treasures: Abanindranath Tagore, Amrita Sher-Gil, Gaganendranath Tagore, Jamini Roy, Nandalal Bose, Nicholas Roerich, Rabindranath Tagore, Raja Ravi Varma, and Sailoz Mookherjee. These artworks are considered to be of immense cultural and historical significance and cannot be exported out of the country. Further research could be conducted on the involvement of art historians and scholars in the process of declaring art as non-exportable, the criteria for identifying culturally significant artworks, and the penalties for illegally trafficking antiquities.
