Policymakers in India want to create an “open
market” for the antiquities trade, in an attempt to deter smugglers from
exporting ancient items out of the country illegally. But archaeologists and
art experts say legalizing the trade might not be the best solution, and could
make the problem worse.
Culture Minister Mahesh Shrama has proposed revising
India’s Antiquities and Art Treasures Act, which forbids anyone except the
government to export antiquities. Right now, any artifact older than 100 years
old qualifies as “cultural patrimony” in India.
“Let India have an open market,” he said, according
to a report in India’s Economic Times. “Once we allow the trade of those
antiquities in India, this smuggling will stop.”
“India is putting the cart before the horse if they
think this will solve anything,” said archaeologist Peter Campbell, who has
written extensively on antiquities theft and smuggling networks.
Experts say the global black market could be worth
more than $1 billion, with much of the profits going to organized criminal or
even terrorist groups. It’s a serious problem in India, especially, where
ancient civilizations flourished for thousands of years, leaving valuable
artifacts behind, many of which have lately wound up on the black market.
Most recently, the U.S. State Department seized a
handful of antiquities, some as old as 2,000 years, from the Honolulu Museum of
Art. They were part of a $100 million smuggling ring organized by Subhash
Kapoor, a New York City art dealer who now faces charges. His looted
antiquities made their way to 15 museums, according to the New York Times,
including a $5.6 million sculpture of the Hindu god Shiva in the National
Gallery of Australia and a $245,000 bronze statue of the Hindu god Ganesh that
the Toledo Museum of Art in Ohio returned to India last year.
These seizures are evidence of a massive
international market, motivating looters on the ground to continue illegal
excavation of ancient sites. But archaeologists say opening a legal market
isn’t the solution, and could even provoke further looting.
In most cases, looters are people living in or near
poverty who cannot find work elsewhere. Targeting them, Campbell says, won’t do
much.
“The most effective means of preventing the theft of
culture has come through disrupting the network, either at the trafficking
stage or the dealer stage,” he said, adding that the only things proven to stop
looting are law enforcement and a low unemployment rate.
“Until India can do those two things, they are
shifting blame,” he said.
Currently, smugglers have to create forged papers
for the stolen goods, then bring them across one or more borders before they
are “laundered” into the legal market through galleries and auction houses.
Though it is a widespread practice, it’s still difficult. A legal, open market
would allow smugglers to simply forge one set of papers -- and they would be
free to go.
Moreover, if India does change the law, it would
make it extremely difficult to return stolen property, such as the items from
Honolulu.
In any case, nothing will move too fast, and
analysts say that it will take time to see if new rules can truly be effective.
“There have been many calls over many years to
revise the act in the belief that it will stop the smuggling of heritage
material to destinations outside India,” said cultural property lawyer Rick St.
Hilaire. “If there is a revision to the law -- and no revision over the years
has been successful to date -- we will
have to wait and see if it meets the goal.”
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