India Trys to Block Auction Sale of Gandhi Personal Effects

The Times of London is reporting that India is trying to block the sale of some of Mahatma Gandhi’s personal effects. The sale is scheduled for March 5 at 2:00 pm at the Antiquorum, a watch specialty auction house in NY. The sale includes Gandhi's personal gold pocket watch.

The lot description from the Antiquuorum states Pocketwatch Formely owned by Mahatma Gandhi, political and spiritual leader of India, later given to his grandniece, Abha Gandhi. Accompanied by Gandhi’s sandals, bowl, plate, glasses, images of Gandhi and letters of authenticity from Ghita Mehta, Talatsahid Khan Babi, and Professor Lester Kurtz. The watch: Zenith, movement No. 421357, case No. 49529. Made circa 1910. Fine, rare and Historically Important, sterling silver keyless pocket watch with alarm function.

The pre sale estimate is $20,000 - $30,000 and is considered low.

India, believes the items are their cultural property and is seeking their return. The Indian consulate also tried to negotiate a private sale, but the owners felt the offer was low and also wanted to place other conditions on the sale beyond financial. The courts of India have place an injunction on the sale of items, but that is more symbolic as it has no jurisdictional authority in New York.

The Times article states The general public, meanwhile, are outraged at the prospect of what they regard as sacred pieces of Indian heritage going to the highest bidder.

The seller of the memorabilia, James Otis, a Los Angeles-based filmmaker and professed Gandhi follower, remains unapologetic, and confirmed that he had received an offer from the Indian Consulate in New York to buy the items but the offer was too low.

Through media interviews, Otis has told India that the only way to prevent the sale is to spend 5 per cent of its GDP - about $50 billion (£35billion) - on helping the poor.

The article continues Indian diplomats held an emergency meeting yesterday in New York with Antiquorum Auctioneers, the company that intends to sell the items. Unperturbed by the diplomatic pressure, Antiquorum has insisted that the sale will go ahead.

The Indian Government has suggested that it will take part in tomorrow's bidding if it fails to reach an agreement with Otis today.

Gandhi's great-grandson, Tushar Gandhi, said yesterday that the auction was a grave insult to India.

This is the second time in a little over a week that a foreign country has attempted to block an auction sale. Yes, there are ethical issues involved with cultural property, but there are also laws for legal ownership, and with that comes the right to sell and auction items if that is the selected marketplace. Last week the Chinese Government attempted to stop the sale of two figural bronze animal heads from a Zodiac Calendar fountain which were stolen in the late 19th century. The French courts upheld the legality of ownership and the sale. See yesterdays AW post for more information. The 1995 United Nations Unidroit Convention limits claims on stolen cultural artifacts to within 50 years of their theft. Although I dont believe the Gahndi items were considered stolen, with the ownership being legitimate.

Is it becoming a trend for countries to sue and pressure individuals, auction houses and foreign governments for the return of cultural property, even thought legally owned? It certainly appears to be the case. China even threatened to sue the purchasers of the Bronze animal heads after the sale. Private sales and arrangement have been made in the past. It will be interesting to see if the pressure continues to be placed on auction houses selling these types of items.

India, as the Times article states, can also bid on the items and purchase them back. I think this should be the case if the items are legally owned and properly documented.

To read the Times Online article, click HERE.