Interest in antiques grows as dust clears off antiquity laws

It has been almost a month since the phone has been ringing almost regularly at the Archaeological Survey of India (ASI), Chennai Circle, with people calling in to enquire about antiques.

What led to the sudden surge in interest in antiques is the incidents in the month -- including stolen antique statues resurfacing and the Idol Wing unearthing 23 antiques. The reports spread awareness about what can constitute as an antique and its value, following which, people in possession of really old artifacts have been calling the Archaeologist Department to enquire if their belongings can qualify as an antique.

On the receiving end of these calls is deputy superintending Archaeologist WVS Narasimham. 

Speaking to DT Next, he said that though the law ‘The Antiquities and Art Treasures Act, 1972’ has been in existence for over four decades, the awareness among people has been poor. It is only after people came to know of idols being seized from various places did they begin to take an interest in it. “We have been getting enquiries from across Tamil Nadu. People who believe they own antiques should register the items with the registering officer at the ASI,” said Narasimham. 

“So far, we have only had government-run departments and other dealers applying for the license. The registration of the items legitimises its ownership. It is good that people have begun to take the law seriously and want to abide by it,” he added.

NL Rajah, senior advocate of the Madras High Court said that The Antiquities and Art Treasures Act, 1972 suffers from a fallacy that anything that is old is antique. He said, “This is a problem especially when you say people have to register the items. We need to explain how one can be antique. Or else, billions of items can be classified as antique and the maintenance of such a vast database would be a problem. There has to be a more refined definition of antique.”

He added that if the law start penalising someone for not registering, people will fear harassment by authorities. “There shouldn’t be a rigid time frame or a penalty clause. Moreover, some imaginative thought must be applied to ensure that the antiquities are not exported and even if a foreign collector can buy it, it can be kept inside the country. Even large corporates can be encouraged to buy these antiquities so that these stay in the country,” Rajah said. Dr R Nagaswamy, former director of archaeology, Tamil Nadu, and Padma Bhushan awardee, said that the Act which has been publicised enough during its enactment, offers a simple procedure for citizens to register. 

“If you want to know whether an item you possess is an antiquity or note, take a photograph of it to the registering officer at the ASI, he will issue an antiquity certificate after duly assessing it. A form has to be filled with the details of the item. Anyone can own an antiquity, but they must have due record. And in case, you buy it from someone, if he is a regular seller, he must have a license for selling it. The buyer too has to inform the authorities and the registering officer should be in loop about its whereabouts, if he chooses to sell it to someone else,” said Nagaswamy.

T Sathyamurthy, retired director of archaeology, Kerala, pointed out that while registration can certify due ownership, it also comes in handy when the item is lost or stolen. “It can only be retrieved when it has a certificate. Moreover, there are many articles an item of antiquity that are passed down generations. Some might have been 70 years old when one person owned it and when it passed hands or reached another generation, it could be more. They can ascertain the antiquity value and continue to possess it, without exporting it,” he said.

Dr Nagaswamy added that the responsibility is on citizens to ensure that they adhere to the law. “It is just like how you register your vehicle – a car or a motorbike,” he said.

Here, Sathyamurthy added that while wood carvings came under the category of antiquity, they don’t last long and that their restoration is difficult. “Moreover, once registered, the registering officer has to make visits to ensure it is in the owner’s possession. But that has not been followed in most cases. That is one reason why illegal dealings have been happening.” He also said that there were art structures committees formed at various state levels and central level to ascertain the value of an antiquity for the same to be handed over to the museum for a price. “The museums don’t have space for it and the arts structure committee has not been operating for more than two decades now, across the country. They are also to be blamed for the issues that have cropped up --- like illegal ownership of antiques.”

The awareness and significance of antiquities among the general public has gone down for a while now, said art enthusiasts. R Gopu, a history enthusiast and volunteer for Tamil Heritage Trust said, “Until 100 years ago, we were historically aware. Over time, we have discarded some of these items and they have found their way into foreign museum or private collections when it was legal to sell them.”

“If we take the case of Amaravathi stupa, it was neglected and people were misusing it till it eventually reached Britain. Similarly, closer to home in Tamil Nadu, none of the independent Pandian era sculptures are available. But you will find one 15-feet Pandian era Vishnu sculpture in the New York museum,” said Gopu. He added, “We don’t preserve them here, as we don’t have sense of aesthetics and the public awareness is pathetic.”

The history enthusiast also said that the 100-year guideline for declaring antiquities is a defeatist strategy. “Ascertaining if items in private collection are antique or not is hard for the police and lawyers. Only an art critic can find out and there are only a few art critics who can judge that with perfection,” he said.

TR Shashwath, a heritage volunteer, explained the practical difficulties for the people in general. “It is very difficult to understand what your rights are and what should be done. The problem is the moment I register my antiquities, it is assumed that I am going to sell it,” he said.

Under the The Antiquities and Art Treasures Act, 1972, the following artifacts can be labelled as antiques if they have been in existence for not less than one hundred years

Any manuscript, record or other document which is of scientific, historical, literary or aesthetic value and which has been in existence for not less than seventy-five years