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Devdutt Pattanaik
Neil Brodie
Duncan Chappell
Vijay Kumar
Nistula Hebbar
*Anuraag Saxena is based in Singapore, and is the Asia-Pacific CEO of World Education Foundation, UK.
He is passionate about Indian heritage and culinary-history, and is the co-founder of India Pride Project
(www.ipp.org.in).
He tweets at @anuraag_saxena
Contents
By Anuraag Saxena
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Victims or villains?
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By Neil Brodie
By Duncan Chappell
numbers of rare and valuable Indian artefacts of
seemingly dubious provenance from the New York
City based antiquities dealer Sabhash Kapoor has
resulted in a searching review of the acquisition
policies and practices of both galleries, and the
ongoing repatriation of objects whose true identity
and place of origin can be established
authoritatively. Mr Kapoor at present remains
unconvicted of any crime and continues to languish
in jail while awaiting trial in Tamil Nadu. The
evidence to date suggests that he successfully
operated a very lucrative and sophisticated
business stealing artefacts from isolated, poorly
secured and documented locations and then
fabricated suitable background stories regarding
their purported provenance. The Australian
galleries were also far from being the sole victims of
these fraudulent activities.
The alleged extensive and long term criminal
conduct engaged in by Mr Kapoor and his criminal
associates is a timely reminder of the need for
rigorous due diligence to be exercised by all
involved in the antiquities trade to ensure illegally
excavated, exported or stolen objects do not enter
the market in the first place, or if they do they are
quickly identified and returned to their legal owner.
-------(This article was first published in Organiser)
Duncan Chappell, a lawyer and criminologist, is
currently an Honorary Professor in the Faculty of Law at
the University of Sydney, Australia. A member of the
Australian National Cultural Heritage Committee, and a
former Director of the Australian Institute of
Criminology in Canberra, he has also published widely
on issues associated with art crime and cultural heritage
protection.
By Devdutt Pattanaik
S Vijay Kumar
all related paperwork provided in such cases are
dubious.
What set the group up with this artifact was its date
of acquisition and the fact that it had a beautiful
Tamil inscription on its base which read
Tipambapuram sivgai nayagar ( loosely translates
to Shiva, the lord of Tipambapuram)
Inscribed Chola bronzes are rare and to find one in
this condition should have been a hotly discussed
topic by scholars. However, the said bronze never
came up in any discussion, paper, publication or
exhibition till it was bought by the Museum. This
must have raised a red flag immediately.
It was on this basis that the group raised serious
doubts about the credibility of any provenance
paperwork (indicating where the artwork came
from and how it was acquired) work provided by
the now defunct gallery. The response from the art
gallery was that all due diligence had been carried
out during the time of acquisition.
We understand that the University has now handed
over the bronze to Homeland security America as
part of a larger restitution process to India.
We can now reveal more information as to why the
museum has changed its stand, with information
obtained from persons who are in the know of the
Kapoor operations. The bronze has an apparent
provenance paper authored by the previous owner
Dr. Leo S. Figiel dated April 13, 2005, where he
claims to have purchased the small Chola figure of
Shiva and Parvati from a European collector in
1969. (Dr. Leo Figiel, was a well known collector of
Indian vernacular art ( is now deceased died Feb
2013) and is now suspected of having a working
arrangement with Subhash Kapoors activities.)
Citing year of acquisition as 1969 is a very
convenient and off repeated ruse seen in many fake
provenance cases. 1969 is the cut-off year for the
UN statue on Protection of Cultural Property which
regulates arts and cultural property acquisitions.
Most unscrupulous dealers try and pass off fake
documentation with a pre-1970 date.
But at-least for Indian antiquities, the 1969/70 cutoff is no holy grail. There are other legal provisions
for ensuring the return of smuggled artifacts. These
include the Antiquities and Art Treasures Act, 1972
which can be read in addition to Ancient
Monuments Preservation Act, 1904, the Ancient
Monuments and Archaeological Sites and Remains
Act, 1958 or even the Indian Treasure Trove Act of
1878.
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Anuraag Saxena
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Having made these points, the biggest risk is this half-measures and half-solutions. Bureaucratic halfheartedness very often ensures that boxes are
ticked, without it ever bringing the change it was
meant to. As Prof. R. Vaidyanathan humorously
puts it, Operation is successful, but patient is
dead.
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