Legal Framework For Protection of Art and Antiquities In India: A Critical Study of The Antiquities and Art Treasures Act, 1972

Abstract

India possesses one of the richest and most diverse cultural heritages in the world, reflected through its art and antiquities. The increasing incidence of illicit trafficking, illegal export, and commercial exploitation of cultural property has necessitated a robust legal framework for heritage protection. This paper critically examines the legal regime governing the protection of art and antiquities in India, with particular focus on the Antiquities and Art Treasures Act, 1972. Using a doctrinal and analytical research methodology, the study analyses constitutional provisions, statutory mechanisms, and enforcement practices related to cultural property protection. The paper identifies key limitations within the existing framework, including definitional ambiguities, weak implementation, administrative fragmentation, and challenges arising from globalised art markets. It further evaluates India’s compliance with international conventions on cultural property protection. The study concludes by proposing legal and institutional reforms to strengthen enforcement, enhance international cooperation, and promote public participation in heritage conservation. The findings contribute to ongoing discourse on cultural heritage law and underscore the need for modernised legal responses to protect India’s antiquities effectively.