Analysing The Legal Framework And Gaps In Enforcement Against Trafficking In Cultural Property
- IJLLR Journal
- Jun 8
- 1 min read
Nikhil Kumar, Amity University, Ranchi
ABSTRACT
Illicit trading of cultural properties is a rising global issue that threatens national heritage, fuels organized crime, and deprives communities of their historically possessed artifacts. This cultural property trafficking causes the illegal import and export of cultural artifacts, leaving behind economic, social, cultural, and moral dilemmas for the present and the coming generations. The illicit trafficking causes loss, destruction, and theft of invaluable items that cannot be replaced. While international and national laws exist to combat the practice of illegal trade, there remain high challenges in the enforcement of such laws. This paper analyzes the existing legal frameworks and highlights the weaknesses in the enforcement against trafficking in cultural property.
The paper delves into important international agreements and conventions to understand the rising problem of cultural heritage crimes. Alongside it studies the Indian approach towards the safeguarding of cultural property and the laws enacted by India. The case studies and the real-world examples further elaborate the need for stringent laws in domestic and international legal frameworks. It studies the challenges in properly enforcing these laws and proposes modern-day policies and measures to assist in the protection of cultural artifacts, highlighting the need for an effective and unified approach to prevent the illicit trade of such historically significant artifacts.
Keywords: Cultural Heritage, Illicit Trafficking, Legal Frameworks, International agreements, case studies.
