Bringing Our Heritage Home

Why in News?

• One of the important outcomes of the Indian PM’s state visit to the US was the decision by the Biden administration to return several statues and antiquities to India, which were smuggled out of the country.
• It shows the government’s zeal to revive and restore India’s rich, diverse, and multidimensional cultural heritage, in which, every Indian takes immense pride.

 

What is Antiquity?

• The Antiquities and Art Treasures Act of 1972, which came into effect on April 1, 1976, defines an "antiquity" as any object or work of art that has been in existence for at least 100 years.
• This includes coins, sculptures, paintings, epigraphs, detached articles, and other items that reflect science, art, literature, religion, customs, morals, or politics from a bygone era.
• For manuscript, record or other document which is of scientific, historical, literary or aesthetic value, this duration is “not less than 75 years.”

 

Protection Mechanism of Antiquities at National and International Level

• At National Level
  • 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.
  • Before Independence, the Antiquities (Export Control) Act was passed in April 1947 to ensure that no antiquity could be exported without a license.
  • The Ancient Monuments and Archaeological Sites and Remains Act1958 was enacted to protect ancient monuments and archaeological sites from destruction and misuse.
• At Global Level
  • UNESCO formulated the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
  • The UN Security Council also passed resolutions in 2015 and 2016 calling for the protection of cultural heritage sites in conflict zones.

 

Issue of Missing Antiquities in India

• According to ASI, 292 antiquities have been brought back to India from abroad since 2014 and 13 between 1976 and 2013.
• The ASI’s list of missing antiquities belongs to 17 states and 2 UTs. It includes 139 from MP, 95 from Rajasthan and 86 from UP.
• The Parliament committee flagged that“ number of antiquities retrieved” by the ASI from abroad are not even the tip of the iceberg in comparison to the huge number of antiques smuggled out from the country.
• Monuments and sites maintained by the ASI is only a “small percentage” of the total number of archaeological sitesand monuments across the country.
• The menace of missing antiquities is also illustrated by UNESCO. It estimates that “more than 50,000 art objects have been smuggled out of India till 1989”.

 

The Procedure of Bringing Back the Antiquities

• The Procedure is categorised into the three parts:
  • Antiquities taken out of India pre-independence;
  • Antiquities which were taken out since independence until March 1976;
  • Antiquities have been taken out of the country since April 1976.
• For Antiquities taken out of India before independence, requests for their retrieval must be raised bilaterally or on international fora.
• For example, in November 2022, the Maharashtra government announced that it was working to bring back the sword of Chhatrapati Shivaji Maharaj from London.
• 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.

 

Current Government’s Effort to Bring Our Heritage Home

• The PM took it upon himself to address the issue. The results were soon evident, for example, the US returned the 11th-century statue of the poet-saint Manikkavachakar.
• Under the present government, so far over 351 ancient artefacts and items of historical importance have been brought back.
• Countries like the US, Britain, France, Canada, Netherlands, Germany, Australia, and Singapore have helped us in retrieving them.
• Bringing back India’s rare artefacts, ancient statues and antiquities has become an integral part of our foreign policy. This is linked to PM’s commitment to restoring India’s rich cultural heritage.
• There is also a major drop in incidents of smuggling of Indian artefacts and antiquities.
• On August 15, 2022, while addressing the nation from the ramparts of the Red Fort, the PMsought “Panch Pran” (five pledges) from the citizens which included “taking pride in India’s heritage and legacy”.
• Recently, while inaugurating the International Museum Expo 2023 in Delhi, the PM raised the issue of smuggling and appropriation of artefacts from India.
• Also, the government has been meticulously building cultural infrastructure across the country, creating huge historical wealth for future generations.

 

Returns of Important Statues and Antiquities in Recent Years

• The 18th-century Maa Annapurna statue, which was stolen some 100 years ago from Varanasi and was spotted in Canada, was brought back in 2021.
• The 10th-century statue of Natraj was also repatriated from London the same year.
• The 900-year-old “Parrot Lady” sculpture from Khajuraho was brought back from Canada.
• Recently, 29 ancient items of archaeological importance, which were inspected by PM Modi during his visit in March 2022, were brought back from Australia.
• The statues of Shri Devi from the Chola dynasty and the terracotta statue of a woman from the Maurya period have been returned.
• Similarly, during his visit to the US in September 2021, PM Modi was presented with 157 articles of historical and archaeological importance belonging to the 11th-14th century by the American government.

 

Way Forward: Nationwide Survey of Antiques and Soon to Be Antiques

• The problem, for India, is that the government lacks any reliable database on antiquities and their locations.
• Also, the Indian citizens do not value the real worth of their own cultural properties.
• In such a scenario, it is time the Union government undertakes a nationwide survey of antiques and soon-to-be antiques spread across the country.
• The process should be scientific and time-bound with participation from experts and scholars.
• Each item needs to be examined closely, photographed from all angles, 3Dscanned and geotagged before being listed in the official database.
• The system will be foolproof only if a unique identification number (UIDN) is issued against each property.

 

Conclusion

• While the government is working to preserve the rich history of every state, region, and society, it is high time that all citizens come together to preserve India’s rich cultural heritage and take a pledge to strengthen the hands of government in this noble cause.
• There has been a success but such random gains will have no meaning if India continue to lose other thousands of such antiques every year.
• India needs to devise better ways to deal with private collectors, auction houses and museums that trade in Indian stolen antiques.

 

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Q1) What is the constitutional mandate to protect the heritage of India?

To safeguard and preserve the great cultural heritage of this nation, the Constitution of India explicitly makes two provisions. The first is in the Part-IV i.e. Directive Principles of State Policy in the form of Article 49 (Protection of monuments and places and objects of national importance) that directs the state to formulate laws and statutes for the protection of the cultural properties and save them from spoliation, disfigurement, destruction, removal, disposal or export. The second is in the Part IVA i.e. Fundamental Duties in the form of Article 51A (f) (value and preserve the rich heritage of our composite culture) that make people realise their responsibility towards the protection of traditional heritage and its by-products.

 

Q2) Why is the UK not willing to return artefacts originated in India?

Britain has strict laws that prevent the removal of antiques and artefacts that are a part of public collections. Moreover, the British authorities also have the particular concern of their museums emptying out if they begin returning artefacts to their countries of origin. A justification that is often given is that objects that were removed from India and taken to Britain in the colonial period cannot be considered stolen or illegally exported. As India was a part of the British Empire then, the transfer of artefacts to England was only considered a matter of relocation. One such antique is the stunning Sultanganj Buddha (later termed as the Birmingham Buddha).

 

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Source: The Indian Express