Antiques are collectable objects viz. piece of furniture, any coin, sculpture, painting, literature, epigraph, any object or thing detached from a building or cave or any other work of art that is having a high value because of its age and quality. The Antiquities and Art Treasures Act, 1972 defines “art treasure” as “any human work of art, not being an antiquity, declared by the Central Government [of India] by notification in the Official Gazette, to be an art treasure for the purposes of this Act having regard to its artistic or aesthetic value”, provided “that no declaration under this clause shall be made in respect of any such work of art so long as the author thereof is alive”.

Unscrupulous transactions are very common to such objects of interests by several buyers. To regulate such illegal trade, prevent smuggling of, fraudulent dealings in antiquities, to provide compulsory acquisition of antiquities and art treasures for preservation in public places and to provide for certain other matters connected therewith or incidental or ancillary thereto, different countries have set of regulatory frameworks to control and prevent such trade. Likewise, Government of India has its own set of legal compliances in place – the Antiquities and Art Treasures Act, 1972 (AAT Act) and its subsequent amendments.

Important facts from Antiquities and Art Treasures Act, 1972

1. Section 3 of the AAT Act suggest that to export of antiquities and art treasures are considered unlawful for any person, other than the Central Government or any authority or agency authorized by the Central Government in this behalf. Whenever the Central Government or any authority or agency intends to export any antiquity or art treasure, it has to be made only under and in accordance with the terms and conditions of a permit issued for the purpose by such authority as may be prescribed.
2. Any person desiring to carry on, himself or by any other person on his behalf, the business of selling or offering to sell antiquities has to make an application to obtain a license.
3. Every individual is required to make an application to the registering officer to register an antiquity and needs to obtain a certificate of registration.
4. If there is a transfer of ownership, the registering office has to be informed.
5. It is pertinent to determine whether or not an article, etc., is an antiquity or art treasure or not. If any question arises whether any article, object or thing or manuscript, record or other document is or is not an antiquity or is or is not an art treasure for the purposes of this Act, it shall be referred to the Director General, Archaeological Survey of India, or to an officer not below the rank of a Director in the Archaeological Survey of India authorized by the Director General, Archaeological Survey of India and the decision of the Director General, Archaeological Survey of India or such officer, as the case may be, on such question shall be final.

It is crucial to exercise due diligence when dealing with antiquities to ensure compliance with applicable laws and regulations. Exporting antiquities from India is no exception and is subject to strict compliances mentioned in AAT Act 1972 & Customs Act, 1962. This includes verifying the authenticity, legality, and provenance of the antiquities, as well as conducting proper research and documentation. Antiquities and art treasures being identifier of a country’s cultural richness, it becomes moral and legal obligations for country’s and individuals to protect it from unscrupulous trade. Any such illegal export is considered as punishable offence.