The Vishnu Purana beautifully encapsulates the essence of Bharat with this verse:
उत्तरं यत्समुद्रस्य हिमाद्रेश्चैव दक्षिणम्।
वर्षं तद् भारतं नाम भारती यत्र संततिः॥
To the north of the ocean, and to the south of the Himalayas. That land is called Bharat, where the descendants of Bharata reside.
It not only delineates the natural boundaries of our nation but also serves as a poignant reminder of the rich historical tapestry of the Indian civilisation, which spans over 5,000 years.
Bharat is not merely a geographical entity; it is a unique melting pot of cultures, philosophies, and spiritual traditions that have thrived over millennia. The Indian word for culture is sanskriti. From time immemorial, Indians have regarded their culture as Manav Dharma or “Human Culture”, signifying an intrinsic connection to humanity. Culture encompasses the collective ways in which individuals and groups think, feel, organise their lives, and celebrate their existence. It shapes our identity, influencing our values, attitudes, and social development.
Despite facing numerous challenges from natural calamities and external invasions, Bharat stands resilient—a testament to the enduring power of our cultural continuity and evolution. While we appreciate our resilience, it is also worrying how India has lost a lot of its invaluable heritage through unabated loot over hundreds of years. Over centuries, foreign invaders and mercenaries plundered the nation’s treasures, leading to the loss of invaluable artefacts and monuments. The sobriquet of India being a “sone ke chidiya” or golden bird is still etched to its identity despite the ferocious loots over centuries and aptly reflects the wealth of India’s heritage, which has been an object of desire for many.
India’s cultural heritage has been systematically looted & plundered by plunderers, imperialists and later through organised smuggling networks. Thousands of ancient and mediaeval statues & artefacts, once symbols of national pride, now reside in public museums and private collections abroad. According to UNESCO estimates, some 50,000 pieces of art stolen from Indian temples are currently in museums or private collections. The actual number must be much higher because neither are all thefts recorded and nor are all pieces displayed or sold and transferred through legal documents., these are only recorded figures.
Patrimonial right of community
While these artefacts are celebrated as art filling corners of their rooms, they represent a deep-rooted cultural identity and heritage for the Indian populace—whole lot of statues are from temples, they are the Gods and Goddesses and have an intrinsic patrimonial value for the community. The Kohinoor diamond, for instance, has over a thousand years of ancient history before it came to be known as Kohinoor. A hen’s egg-sized diamond which belonged to the temple’s initially came to exchange hands of many dynasties. Once in the hands of Persian invader Nadir Shah, it got its present-day name of Kohinoor. The famous Pink diamond courted controversy as it was part of the Tirupati deity’s jewels and Kaladis emerald shillinga. are a few examples of artefacts having greater cultural and or spiritual significance than mere monetary value attached to them by the community. Social comparisons and modes of possession itself will bring these stark differences to light.
These facts are specifically relevant when the legal history and cases of respective countries are analysed. The law in point could be cited from a case known as Her Majesty vs Lord Shiva.
Thus even the British Law has recognised “Once a deity, always a deity. An idol remains a juristic person however long buried or damaged, since the deity and its juristic entity survive the total destruction of its earthly form.” It was in the case of Her Majesty vs Lord Shiva, when a Chola dynasty bronze statue was returned due to the efforts of archaeologist R Nagaswamy.
Dishearteningly, many of these pieces are misclassified as generic “Asian artefacts”, erasing their origins and the stories they carry. The theft of cultural heritage is not merely an issue of lost identity; it also undermines national self-respect and a connection to history. Objects of reverence are often mutilated to facilitate smuggling, while their identities are altered to prevent rightful claims from their communities of origin.
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Homecoming of artefacts
In the wake of Independence, India introduced several legislative measures to combat the export of antiquities, including the Antiquities (Export Control) Act of 1947 and the Ancient Monuments and Archaeological Sites and Remains Act of 1958. The Antiquities and Art Treasures Act of 1972 further aimed to regulate movable cultural property. However, these laws lacked robust mechanisms for the repatriation of cultural artefacts, often allowing smuggling to continue unchecked. It is also hard to prove the theft of these items as patrimonial rights may not have been established and provenance not prevailing at the time of removal from India. Apart from the fact that India was invaded, enslaved and many gaps existed in the legal process post-Independence.
What is disappointing as well as astonishing is the fact that since Independence till 2014, only 13 stolen artefacts were brought back. Prime Minister Narendra Modi, has taken it upon himself to be the ‘rescuer’ of the stolen and looted cultural heritage of India, which was smuggled out of the country, In this regard, The US-India Cultural Property Agreement signed on 26 July 2024, is a highly relevant agreement and a culmination of years of work during Modi 2.0. A conclusion of these efforts was the ‘ghar wapasi’, or homecoming, of 297 idols, which were handed over to India during PM Modi’s US visit last week.
A sandstone Apsara from the 10th-12th Century CE, a terracotta vase from Eastern India dating back to the 3rd-4th Century CE, and a South Indian stone sculpture from the 1st century BCE, were part of the artefacts returned. PM Modi’s previous visits to the US coincided with the return of 157 antiquities in 2021; these include the famous bronze Nataraj statue, which dates back to the 12th century CE; and 105 from the 2023 visit. Artefacts, which are soon to be repatriated, mark a significant victory for cultural heritage advocacy and will increase the total number of repatriated antiquities to 640.
On a policy level, under India’s G20 Presidency last year, the issue of cultural property protection emerged as a key topic, culminating in the Kashi Culture Pathway—an initiative that garnered international support for combating the illicit trafficking of cultural property. The New Delhi Leaders’ Declaration of 2023 reaffirmed the global commitment to strengthen efforts at national, regional, and international levels to enable the return and restitution of cultural artefacts to their countries of origin. The Rome Declaration of the G20 Ministers of Culture was adopted, which recognises “threats to cultural resources including looting and illicit trafficking”.
PM Modi has vocally pushed for a strong policy of repatriation of cultural heritage. The world has to deliberate upon the impediments in the way of repatriation of treasures that are important not just from the economic point of view but are connected to the cultural ethos of the country.
India’s rich cultural heritage is a vital component of its national identity. While the scars of looting and plunder remain, the ongoing efforts toward repatriation and global cooperation signify hope for the future. By reclaiming its past, India not only restores its cultural treasures but also reinforces its standing as a nation deeply rooted in history and heritage. The journey toward reclaiming our past is essential not just for India but for the preservation of humanity’s collective history. These processes and practices are relevant for the world especially the global south and not just India.
Meenakshi Lekhi is a BJP leader, lawyer and social activist. Her X handle is @M_Lekhi. Views are personal.
(Edited by Ratan Priya)