‘‘A CRITICAL ANALYSIS OF THE ANTIQUITIES AND ART TREASURES ACT, 1972 IN PREVENTING IDOL TRAFFICKING IN INDIA”
AUTHOR – SANDHIYA.M* & MRS. JISHA J S**
* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)
** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)
BEST CITATION – SANDHIYA.M & MRS. JISHA J S, ‘‘A CRITICAL ANALYSIS OF THE ANTIQUITIES AND ART TREASURES ACT, 1972 IN PREVENTING IDOL TRAFFICKING IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 140-148, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The Antiquities and Art Treasures Act (AATA) of 1972 serves as India’s primary legal shield against the illicit trafficking of its civilizational legacy, yet it remains a subject of intense critical scrutiny due to persistent systemic vulnerabilities.
This research provides an exhaustive analysis of the Act’s effectiveness in preventing idol trafficking, particularly in regions like Tamil Nadu where sacred temple bronzes have become high-value commodities in a multi-billion dollar global black market. Using a doctrinal and analytical research methodology, the study evaluates the legal architecture of the AATA 1972, identifying critical lacunae such as weak deterrent penalties, an ambiguous definition of “antiquities” that often excludes sacred idols, and the absence of a comprehensive national digital database. Further, the study explores the institutional challenges faced by enforcement agencies such as the Archaeological Survey of India, police departments, and customs authorities.
INTRODUCTION
The cultural heritage of India is not merely a collection of historical artifacts but represents the “soul of the nation” and is a testament to thousands of years of diverse traditions, philosophies, and artistic achievements[1]. Within this vast heritage, temple idols hold a unique position, serving as both artistic masterpieces and consecrated objects of worship. However, this civilizational legacy is increasingly under threat from a sophisticated and globalized network of illicit trafficking.
From Chola bronzes in Tamil Nadu temples to medieval stone idols across the south, these irreplaceable treasures are systematically stolen, smuggled abroad, and auctioned in international markets, often fetching millions while eroding India’s shared identity,multi-billion dollar industry, often cited as the third-largest illicit trade globally, trailing only drugs and arms in terms of volume.
[1] Neeladri Bhattacharya,The Great Indian History Debate OUP, 2010