Court-appointed special officer of the Idol Wing and retired Inspector General of Police A.G. Ponn Manickavel has written to the State government, urging amendment to the Antiquities and Art Treasures Act, 1972, to increase punishment for offences relating to illegal export of antique idols.
Mr. Manickavel said the provisions of the existing Antiquities and Art Treasures (AAT) Act, 1972, stipulates only a sentence of not less than six months, which may extend to three years, whereas the profit from an illegally-exported antique idol could even go up to ₹1 crore for the offender.
Speaking to The Hindu , he said: “Provisions of the present AAT Act have not been effectively enforced so far. For more than 40 years, illegal exports have not been curbed. After 1970, a huge number of idols were moved out from the State. Antique dealers abroad have created documents as if they were exported before the 1970s. Hence, the Act should be amended and made effectively enforceable, empowering the police force to proceed against the offenders.”
“All offences under the Act are non-cognisable. The Archaeological Survey of India (ASI) is the competent authority and it is beyond the jurisdiction of the police. Even if we include somebody under provisions of the Act, along with the IPC, only six-months imprisonment would be given, that too running concurrently,” he said, suggesting that the government enhance the punishment for offenders — the thieves and the receivers of stolen idols — under IPC provisions such as 380 (theft), 457 (lurking house trespass) and 411 (dishonestly receiving stolen property).
“The law should be amended so that any person who has exported antique idols, deities or art treasures should be punished with imprisonment for a term that shall not be less than 10 years, but which may extend to 14 years, with fine,” he said.
Failure to report
Any executive officer of a temple under the HR&CE, who fails to report in writing the information of the commission of the offence of theft/burglary of antique idols of deities/artefacts within two hours from the time of his knowledge of such an offence, should be punished with rigorous imprisonment for a term which should not be less than six months but which may extend upto one year, Mr. Manickavel suggested.
The question of the antiquity of the idols should be determined only by a consultative team of experts, to be constituted by the State government, under the AAT Act, Mr. Manickavel said.
