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This is an archive article published on May 27, 2015

Pulling the Act

A proposed amendment in the Antiquities and Art Treasures Act to make India an ‘open market’ for antiquities trade

On Prime Minister Narendra Modi’s recent visit to Canada, Canadian Prime Minister Stephen Harper had a rather interesting gift for him – a precious stone sculpture that once reportedly adorned the temples of Khajuraho. The “Parrot Lady”, voluptuous and scantily clad, is back India. But the Archaeological Survey of India fears that several other Indian antiquities have been traded for large sums illegally. In a bid to curb this illegal trade of antiquities now, the government has proposed an amendment in the Antiquities and Art Treasures Act, 1772.

The Centre has suggested making India an “open market” for antiquities trade. The 1772 act, in its present form, bars any person, other than the government or an authorised agency, from exporting antiques.

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Even as Subhash Kapoor, an American citizen – accused of smuggling over 2,500 artefacts into the US for sale to museums and collectors – awaits trial in an Indian court, the amendment, according to the art fraternity, will possibly reduce illegal dealings. “For Indians, these artefacts hold sentimental value. If we are allowed to buy-sell them, the domestic market will only strengthen, even bringing back some of India’s lost art,” says Kolkata-based gallerist Vikram Bachhawat. He cites the case of China, which made changes in its antiquities act recently. “This allowed the trade of artefacts in the domestic market. There were so many Chinese antique dealers in the US, now they have completely dried up. Of course, in countries like the US and the UK these antiquities can be freely bought and sold,” adds Bachhawat.

Renu Modi, director of Gallery Espace, also supports the initiative. “It’s a great way to get back antiquities to India. There is money and interest to make purchases. Giving tax benefits on such purchases will help. Vijay Mallya had problems with the import duties for the Tipu Sultan sword bought by him at an auction,” she says.

The Delhi-based gallerist does add a word of caution though. “The government will have to be very careful with the details. There needs to be close monitoring. It can’t be free trade. That will deprive the temples of all the treasures. Unfortunately, in India, several of these works are still not registered or documented properly, which leads to more opportunity for illegal trade,”
she adds.

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