The National Mission on Monuments and Antiquities (NMMA) – workshop at Chennai from October 31st to November 2nd 2023 (4)
The CAG Report and the response of the ASI: On 02-11-2023, after lunch Dr Charuta Kulkarni, IIT, Madras talked about her subject, as detailed above. Then, the certificates were distributed to the participants and mementoes were given to some. Now, I discuss about some issues involved in the documentation of monuments and antiquities. As I worked in the GST (formerly Customs, Central Excise, Narcotics – indirect taxation) department, mostly in the Judicial, adjudication and legal sections for more than 38 years from 1980 to 2018, the CAG Reports on the various departments, institutions and others were periodically read, along with the judgments. Here, before coming to the workshop, I have read the Report of the Comptroller and Auditor General of India Follow-up on the Performance Audit of Preservation and Conservation of Monuments and Antiquities. The issues related to the documentation, workshop conducted etc., were pointed out therein.
The NMMA caught in the web of politics: The National Monuments Authority (NMA) has released draft heritage bye-laws for the supposed site of the Palace of Asoka in Patna, Bihar. The site, located in the Kumrahar area, is being protected by the Archaeological Survey of India. The draft bye-laws aim to conserve and develop the site and have been released based on a field survey conducted by the competent authority. The NMA is responsible for the protection and preservation of monuments and sites, as well as granting permissions for construction-related activities in the prohibited and regulated areas. The Congress party has accused the Modi government of attempting to weaken a law that protects monuments and archaeological sites in India. Congress general secretary Jairam Ramesh praised the National Monuments Authority (NMA) for releasing draft heritage bylaws for the conservation and development of protected monuments in Bihar. Ramesh stated that the Congress and other parties have successfully resisted the government’s attempts to weaken the law so far. He also emphasized the need to strengthen and maintain the professional character of the NMA.
2015 to 2022 no workshop conducted: The CAG pointed out that, “Since March 2015, no workshop was held to facilitate documentation work, rectify mistakes or to provide clarification to agencies involved in the process. As a result, there was absence of a system for regularly up-grading the technical capability of executing agencies, which affected the work process.”
The documentation process carried on by NMMA: The CAG pointed out the lacunae in the documentation of the monuments[1].
NMMA has given these figures to the CAG.
Issue of “Non-antiquity” certificates by the ASI: ASI (respective circle) issues a certificate of non-antiquity for the exportof art-objects, arms. Here, who issues such certificate, after analyzing the “non-antiquity” nature of te object. Otherwise, millions of Indian antiquities would not have been illegally exported out 0f India after 1947 or 1976.
- To facilitate Custom Authorities in allowing non-antiquities to be exported, the Archaeological Survey of India (ASI) has established Expert Advisory Committees to issue non-antiquity certificates.
India’s rich cultural heritage, bureaucratic apathy and poor implementation of antiquities protection law has made India a fertile ground for loot and smuggling of antiquities for sale in the International market. In recent years, there has been growing concerns over antiques being smuggled and sold to fund terrorists’ activists.
According to the Antiquities (Export Control) Act, 1947 [Act No. 31 of 1947] – “antiquity” includes-
(i) any coin, sculpture, manuscript, epigraph, or other work of art or craftsmanship,
(ii) any article, object or thing detached from a building or cave,
(iii) any article, object or thing illustrative of science, art, craft literature, religion, customs, morals or politics in bygone ages,
(iv) any article, object or thing declared by the Central Government by notification in the Official Gazette to be an antiquity for the purposes of this Act,
Provenance (origin, attribution, derivation) 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. However, here in the workshop, it is taken as “Province”!
Most of the exports of antiquities take place from north India from airports: According to Section 2(1) (a) of the Antiquities and Art Treasurers Act, an antique is defined as an article or object of historical interest that has been in existence for not less than one hundred years.
The import and export of antiques is covered by the prohibition imposed under Section 11 (c) of the Customs Act 1962, specifically referred to as The Antiquities and Art Treasures Act, 1972.
Similarly, exports are also under the prohibition category. The export of antiques can only be done by the central government or any authority or agency authorised by the central government.
The law does not permit any private person to export antiques. If any private person exports antiques, there are penal provisions to confiscate the material and impose monetary penalties or prosecute the person.
Port | Location | Value (INR Million) |
Pakwra | Moradabad, Uttar Pradesh | 34..567 |
Kolkotta Air cargo | West Bengal | 27.151 |
Nhava Sheva sea[2] | Raigad district, Maharashtra | 20.475 |
Mundra[3] | Gulf of Kutch near Mundra, Kutch district, Gujarat. | 11.141 |
Chennai sea | Tamilnadu | 7.381 |
The ASI blaming the Customs department: When Arun Raj said that the Customs department was not co-operating, I pointed out that it is not that the Customs department did not cooperate with the ASI officials, but, the ASI officers only many times did not turn up, when they were requested to come and identify the objects of antiquity were seized at the airports. Moreover, they have to go by the certificates issued by the ASI only and in many cases, the Customs officers could get genuine doubt that older antiquities were taken out of India, instead of recent artefacts. Sreelakshmi responded that the ASI officers were asked to verify the import of Indian artefacts. Then, I clarified that it was different, because, the art-smugglers had been adopting a modus operandi, as if such antiquities were imported legally so that they could again export. That is why they sought the help of the ASI for the identification of the objects[4]. There have been several reports urging the ASI to co-ordinate with the RI, Customs etc., but, they are not doing so[5]. As the certificates issued by the ASI are / have to be relied upon and whenever, the Customs officers have any doubt about the object for antiquity, they used to seek the help of the ASI officers, but, they hesitate to come. The famous VJA Flynn case also pointed out by me[6]. Here, VJA Flynn had contacts with many historians and archaeologists, but, caught red-handed in smuggling artefacts out of India[7].
The illegal import and export of Tipu Sultan’s sword: The classic case of Vijay Mallya in 2005, imported Tipu Sultan’s famed sword to India and exported it without any license[8]. Mallya was served a show cause notice by the Customs Department for exporting without informing the government, and not paying the duty for it[9]. However, the tycoon felt that since the sword was a matter of national pride, he should have been exempted. Thus, the provisions of the Antiquities and Art Treasure Act, 1972, have been amended to do away with several lacunae in the Act, commonly recognised as the Customs Act. As per the Act, any private buyer that buys an antiquity of Indian origin and brings it to India must first acquire a license. This is granted on the basis of several factors, including the experience of the person in the art trade, the place of exchange of the art object, the name and the number of people involved, etc. Domestic trade of antiquities is currently unregulated, as the Act is silent on it. The statutory authority of the Act is usually the Director General of the ASI, who decides what an antiquity or art treasure is. As per Section 2 of the Act, any coin, sculpture, painting, epigraph, artwork, object from a building or cave and object of historical interest that is over one hundred years old, is defined as an antiquity. In circle offices of the ASI around the country, where the DG is usually not present, the Act cannot be implemented by any officer below the position of a director. “Yet, several circle officers have been flouting the rule, declaring several antiquities as invalid leading to the thriving of the smuggling of art objects,” said the official.
All departments of GOI should work together: The CAG has been part of the GOI and all other departments also have been parts of GOI. The CAG has been auditing the accounts of different departments and trying to advise to implement the Act and Rules under which they work. All have been working with the Public Finance and the government is responsible to account for every rupee that collected from the citizens. As our country has been handling more than 100 crores population, now 140 crores, we have more responsibility than other countries with less population. Moreover, our government and democratic polity have been so open that everybody can appreciate and criticize also, unlike other countries. Thus, the ASI has been having the most noble duty, virtuous responsibility and righteous accountability in handling thousands of years of monuments and temples; sculptures and coins; palaces and buildings; ghats, and others. It can invite the officers of the other departments for discussion to sort out the practical problems. After all should work for the progress and development of our country creating awareness about culture, tradition, heritage and civilization.
© K. V. Ramakrishna Rao
05-11-2023
[1] Report No. 10 of 2022; https://cag.gov.in/uploads/download_audit_report/2022/Chapter 6-062f0de36c49e05.39285992.pdf
[2] Jawaharlal Nehru Port, also known as JNPT and Nhava Sheva Port, is the second largest container port in India after Mundra Port. Operated by the Jawaharlal Nehru Port Trust Authority (JNPTA), it is located on the eastern shores of Arabian Sea in Navi Mumbai, Raigad district, Maharashtra.
[3] Mundra Port is India’s first private port (adani) and largest container port, located on the northern shores of the Gulf of Kutch near Mundra, Kutch district, Gujarat.
[4] Press Release dated 24-07-2023, Three Hundred Forty Eighth Report on the subject „Heritage Theft – The Illegal Trade in Indian Antiquities and the Challenges of Retrieving and Safeguarding Our Tangible Cultural Heritage,” Sansad News.
[5]https://sansad.in/getFile/rsnew/Committee_site/Committee_File/Press_ReleaseFile/20/173/656P_2023_7_12.pdf?source=rajyasabha
[6] K. V. Ramakrishna Rao, Historians involved in smuggling also – The historical case of Prof. V.J.A. Flynn, a friend of many Indian historians – arrested for smuggling, jailed and deported to Australia for further proceedings!, February 17, 2022.
[7] https://kvramakrishnarao.wordpress.com/2022/02/17/the-historical-case-of-prof-v-j-a-flynn-a-friend-of-many-indian-historians-arrested-for-smuggling-jailed-and-deported-to-australia-for-further-proceedings/
[8] DNA India, ASI for easier norms for private import of antiquities, Amrita Madhukalya, Updated: Nov 02, 2016, 07:05 PM IST.
[9] https://www.dnaindia.com/india/report-asi-for-easier-norms-for-private-import-of-antiquities-2269587
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