CULTURAL PROPERTY AGREEMENT

The Cultural Property Agreement (CPA) between India and the United States aims to safeguard cultural heritage and combat the illicit trafficking of art objects. 

• Once the CPA is finalized, the US will automatically repatriate any cultural objects identified as belonging to India, eliminating the need for India to provide additional proof of ownership.
• The CPA imposes import restrictions to prevent looted and stolen cultural property from entering the US. This helps to protect India's cultural heritage from illegal trade and ensures that these objects remain in the country to which they belong.
• The CPA encourages the legal sharing of cultural objects for scientific, cultural, and educational purposes. This facilitates collaboration between experts and institutions in both countries, promoting knowledge exchange and cultural understanding.
• Under the agreement, the US will intercept smuggled cultural objects at the border and return them expeditiously to India. This swift action helps to prevent the illegal circulation of these objects and ensures their return to their rightful place.
• The CPA fosters cooperation between the US and India in combating the illicit trafficking of art objects. This collaboration helps to protect cultural heritage globally and promotes responsible practices in the art market.

4. About an antiquity and its Provenance

• Antiquity is any object that is at least 100 years old and has archaeological, historical, literary, artistic, or scientific value.
• It can be a coin, sculpture, painting, epigraph, or other work of art or craftsmanship.
• It can also be an article, object, or thing detached from a building or cave, or any article, object, or thing illustrative of science, art, crafts, literature, religion, customs, morals, or politics in bygone ages.
• Provenance includes the list of all owners from the time the object left its maker’s possession to the time it was acquired by the current owner.
• It establishes the object's origin, authenticity, and any significant changes it has undergone over time.
• A well-documented provenance enhances the value and credibility of antiquity, demonstrating its legitimacy and providing insights into its historical context.
• The UNESCO 1970 declaration states that “The requesting Party shall furnish, at its expense, the documentation and other evidence necessary to establish its claim for recovery and return.”
• The first thing to prove the ownership is the complaint (FIR) filed with the police.
• In India, the problem with missing antiquities is that in many cases, there is no FIR. But other proof, like details mentioned by reputed scholars in research papers etc., also work.

5. International conventions

• 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 the property designated by countries having “importance for archaeology, prehistory, history, literature, art or science.”
• The Declaration further states that “the illicit import, export and transfer of ownership of cultural property is one of the main causes of the impoverishment of the cultural heritage of the countries of origin of such property and that international co-operation constitutes one of the most efficient means of protecting each country’s cultural property.”

6. Indian laws 

• 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.
• In India, The Antiquities and Art Treasures Act, 1972 (AATA), implemented on April 1, 1976, deals with antiquities and art treasures.
• The AATA states that it is not lawful for any person to export any antiquity or art treasure without a license from the Archaeological Survey of India (ASI).
• Under section 14(3) of the AATA, “Every person who owns, controls or is in possession of any antiquity” shall register such antiquity before the registering officer “and obtain a certificate in token of such registration.”

7. Can India bring back antiquities?

• There are three categories to take note of: antiquities taken out of India pre-independence; those which were taken out since independence until March 1976, i.e. before the implementation of AATA; and antiquities taken out of the country since April 1976.
• For items in the first two categories, requests have to be raised bilaterally or on international fora.
• For instance, the Maharashtra government on November 10, 2022, announced it was working to bring back the sword of Chhatrapati Shivaji Maharaj from London.
• This sword was given to Edward, the Prince of Wales (the later King Edward VII) by Shivaji IV in 1875-76.
• Several antiquities, from Vagdevi of Dhar (MP) to the Kohinoor diamond, to Amaravati marbles to the Sultanganj Buddha to antiquities related to Rani Laxmibai and Tipu Sultan, are currently abroad.
• 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.
• The conviction of Subhash Kapoor has further given a chance to India to bring back smuggled antiquities.

8. The WayForward

 Source: The Indian Express