RETRIEVAL OF KOHINOOR

• Kohinoor left Indian shores in the early 1850s and is currently embedded in the crown of the British monarch.
• The retrieval of Kohinoor is a contentious since it was surrendered by Maharaja Dalip Singh as part of the 1849 peace treaty with the British.
• Under the provisions of the Antiquities and Art Treasure Act, 1972 the Archaeological Survey of India takes up the issue of retrieval of only such antiquities that have been illegally exported out of the country.
• Therefore, India does not have legal competence to demand the return of the diamond.
• The only available recourse is diplomatic negotiations with the United Kingdom.
• A combined reading of Articles 7 and 15 of the 1970 UNESCO convention indicates that the convention does not prevent state parties from entering special agreements for the restitution of removed cultural properties.

SOURCE: THE HINDU, THE ECONOMIC TIMES, PIB