WHAT IS TRADITIONAL KNOWLEDGE?

• Knowledge base which is developed by indigenous, local or native community has been preserved and passed on to generations, so much so, that it becomes the identity of such community.

• Traditional knowledge can be found in variety of concepts such as calculation of time, food article, plant properties, spice uses, yoga practices etc. The most essential factor of Traditional

Knowledge is that it has ancient roots and it is often oral.

TK in the narrow sense refers to knowledge as such, in particular the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and

innovations.
 TRADITIONAL KNOWLEDGE AND INTELLECTUAL
PROPERTY

• Innovations based on TK may benefit from patent, trademark, and

geographical indication protection, or be protected as a trade secret or
confidential information. However, traditional knowledge as such -
knowledge that has ancient roots and is often oral - is not protected by
conventional intellectual property (IP) systems.
• While the policy issues concerning TK are broad and diverse, the IP issues
break down into two key themes: Defensive and positive protection.
• Defensive protection refers to a set of strategies to ensure that third parties
do not gain illegitimate or unfounded IP rights over TK.
• Positive protection prevents unauthorized use, commercialization and
active exploitation of TK by the originating community itself.
 PROTECTION OF TRADITIONAL KNOWLEDGE

• The most difficult aspect of traditional knowledge is in its protection.

There has been a lot of debate to protect traditional knowledge under IP
regime but that in itself faces a lot of challenges such as;

a) under which IP under which traditional knowledge can be protected,

b) since every IP protection is provided for a limited period of time

then how will traditional knowledge have a continuous protection.

• Protection of traditional knowledge is rooted in the problem of Bio-

piracy. Bio-piracy occurs when there is commercial utilization of
traditional knowledge without proper authorization of the indigenous
or local people associated with such knowledge. Eg: Turmeric, Neem,
Basmati Rice are some of the products have patents in other countries.
ADEQUACY OF IP PROTECTION TO TRADITIONAL KNOWLEDGE IN
INDIA

• Unlike other categories of intellectual property rights, India has no substantive act or
law to protect traditional knowledge but other IP acts contain provisions with respect to
traditional.
• Under the Copyright Act, 1957, there is no specific mention of protecting traditional
cultural, literary or artistic work or folklore but Section 31A provides for protection of
unpublished Indian work, on the other hand Copyright protection in for a limited time
period and also demands certain criteria to be fulfilled, therefore under this IP as well
protection of traditional knowledge doesn't have much scope.
• Past few years it has been seen that India has actively participated in TK conferences
and has made efforts to protect its TK at international level. Access to Indian TK is
available at USPTO United States Patent and Trademark Office and EPO European
Patent Office and CSIR Council of Scientific and Industrial Research is day by day
improving the efficiency of TK database.
The statement accurately reflects the current state of the Copyright Act, 1957, in India. While the
Act doesn't clearly mention protecting traditional cultural, literary, or artistic works or
folklore, Section 31A does provide protection for unpublished Indian works. This section allows
for compulsory licenses for such works if the author is deceased, unknown, or cannot be traced,
enabling anyone to publish or translate them after giving notice.
Here's a more detailed explanation:
Lack of clear Protection:
The Copyright Act, 1957, primarily focuses on protecting original literary, dramatic, musical, and
artistic works, as well as cinematograph films and sound recordings. It does not have specific
provisions dedicated to safeguarding traditional knowledge or cultural expressions.
Section 31A: Compulsory Licensing:
Section 31A of the Act addresses compulsory licenses for unpublished or published works. It
allows anyone to apply to the Copyright Board for a license to publish or communicate such a
work to the public if the copyright owner is unknown or cannot be found.
Protection of Unpublished Works:
Section 31A provides a specific mechanism for protecting unpublished Indian works by enabling
compulsory licensing when the author is deceased, unknown, or untraceable.
Limitations:
While Section 31A offers some protection, it is not a comprehensive solution for safeguarding
traditional knowledge and cultural expressions. Copyright protection is time-limited and requires
specific criteria to be met.
Other Relevant Sections:
While not clearly about traditional knowledge, other sections of the Copyright Act, like Section
57 (moral rights) and Section 38 (performer's rights), can be used to protect certain aspects of
traditional cultural expressions, such as artistic demonstrations or performances.
 TRADITIONAL KNOWLEDGE DIGITAL LIBRARY (TKDL)

• India’s TKDL, a collaborative project between the Council of

Scientific and Industrial Research (CSIR), and the Department of
AYUSH, is a home-grown effort to ensure patent offices around the
world do not grant patents for applications founded on India’s
wealth of age-old TK.
• The TKDL (established in 2001) has an integrated global biopiracy
watch system that allows monitoring of patent applications related
to Indian medicinal systems. It enables effective detection of
attempts to misappropriate this knowledge by third parties filing
applications with patent offices around the world. It means that
immediate corrective action can be taken, and at zero direct cost, to
prevent biopiracy. India is the only country to date to have put
such a system in place.
 CALL FOR SUI GENERIS PROTECTION AND ITS
AWARENESS

• There has been an increasing demand of Sui Generis system of Protection for traditional
knowledge since IP protection has its own benefits and loopholes. Sui Generis is a Latin
word meaning 'of its own kind' A person or thing that is unique, in a class by itself.
• Several countries, including India, Peru, and some in the Pacific Islands region, have
developed sui generis systems for protecting traditional knowledge, plant varieties, or
geographical indications.
• Sui generis instrument shall provide legal framework of protection of TK, enforcement of
right of indigenous communities, prevent misuse and control of TK, provisions of ABS
(access and benefit sharing) system etc.
• In addition to TKDL system, India can work towards a more active approach, foremost to
create awareness and understanding among people who are till date completely unaware or
have very limited knowledge on Intellectual Property Rights as well as the term 'traditional
 Types of Traditional Knowledge
1. Indigenous Knowledge: Knowledge held by indigenous peoples, often passed down
through generations.
Examples: Medicinal plants, agricultural practices, spiritual beliefs.
2. Folk Medicine: Traditional healing practices and remedies passed down through
generations.
Examples: Herbal remedies, spiritual healing, traditional rituals.
3. Traditional Ecological Knowledge (TEK): Knowledge about the natural environment,
including ecosystems, species, and conservation practices.
Examples: Wildlife management, forest conservation, sustainable agriculture
4. Cultural Knowledge: Knowledge about cultural practices, traditions, and values.
Examples: Language, art, music, dance, storytelling.
5. Traditional Agricultural Knowledge: Knowledge about traditional farming practices,
including crop selection, soil management, and irrigation.
Examples: Crop rotation, organic farming, agroforestry.
6. Spiritual Knowledge: Knowledge about spiritual beliefs, practices, and rituals.
Examples: Rituals, ceremonies, spiritual leaders, sacred sites.
7. Traditional Craft Knowledge: Knowledge about traditional crafts, including textiles,
woodworking, pottery.
Examples: Weaving, woodcarving, pottery-making. These types of traditional knowledge
are valuable and often interconnected, reflecting the holistic nature of traditional
knowledge systems
 Contexts/Conditions of Traditional Knowledge Development
Physical Contexts:
1. Geographical location: Traditional knowledge is often tied to specific geographical
locations, such as forests, mountains, or coastal areas.
2. Climate and ecosystem: Traditional knowledge is influenced by the local climate and
ecosystem, including the types of plants and animals that are present.
3. Natural resources: Traditional knowledge often involves the use and management of natural
resources, such as water, soil, and minerals.
Social Contexts:
1. Community and culture: Traditional knowledge is often embedded in the culture and
traditions of a community, including their language, customs, and values.
2. Family and kinship: Traditional knowledge is often passed down through family lines and
kinship networks.
3. Spiritual and ritual practices: Traditional knowledge may be tied to spiritual and ritual
practices, including the use of sacred sites and objects.
4. Social organization: Traditional knowledge may be influenced by the social organization of
a community, including their leadership structures and decision-making processes.
Interplay between Physical and Social Contexts:
5. Adaptation to environment: A community's adaptability to its physical surroundings is
frequently reflected in its traditional knowledge.
6. Cultural expression: Traditional knowledge is often expressed through cultural practices,
such as art, music, and storytelling.
7. Community resilience: In situations of social and environmental difficulties, traditional
wisdom can help communities become stronger against change.
 Historical Impact of Social Change on Traditional Knowledge Systems

Colonization:
1. Suppression of traditional practices: Colonization often led to the suppression of traditional
practices and knowledge systems.
2. Burden of Western knowledge: Western knowledge systems were imposed on indigenous
communities, leading to the devaluation of traditional knowledge.
Globalization:
1. Loss of traditional knowledge: Globalization has led to the loss of traditional knowledge
as younger generations adopt modern ways of life.
2. Cultural homogenization: Globalization has contributed to cultural homogenization,
threatening the diversity of traditional knowledge systems.
Urbanization:
3. Migration from rural areas: Urbanization has led to migration from rural areas, resulting in
the loss of traditional knowledge and practices.
4. Changes in lifestyle: Urbanization has brought about changes in lifestyle, leading to the
adoption of modern practices and the decline of traditional knowledge.
Modernization:
5. Adoption of new technologies: Modernization has led to the adoption of new technologies,
which can replace traditional practices and knowledge.
6. Shift to modern education: Modern education systems have often prioritized Western
knowledge over traditional knowledge.
 Cultural homogenization
Cultural homogenization refers to the process where dissimilar cultures come together
towards a more uniform global culture, often driven by globalization and the spread of
Western (particularly American) media and consumer goods.
Examples of this include the dominance of Western media, the global popularity of certain
sports, and the spread of common fashion trends.

Examples of Cultural Homogenization:

•Western Media Dominance:

Hollywood movies, streaming services like Netflix, and social media platforms like
Facebook and Instagram, owned by American tech giants, have a global reach and
influence, contributing to the spread of American values and cultural norms.

•Global Sports:
Sports like football (soccer) and basketball have become globally popular, with major
events like the World Cup attracting massive audiences worldwide.

•Common Fashion Trends:

Western fashion trends, such as the man's business suit, have become widely adopted
across different cultures, though variations may exist.
•Language:
As globalization increases, there's a push towards using international languages like English,
French, or Arabic for communication.

•Homogeny of Practices:
Businesses may adopt standardized business practices and organizational cultures, regardless
of their location.

•Erosion of Local Cultures:

The influence of global media and consumer goods can sometimes lead to the
disempowerment, exclusion, oppression, or dilution of local traditions and customs.

•Loss of Cultural Diversity:

While globalization can bring different cultures together, it can also lead to the
homogenization of global culture, potentially diminishing unique cultural expressions.

Cultural Imperialism / aggression

Some argue that Western cultures dominate global trends, leading to cultural imperialism,
where other cultures feel marginalized or pressured to conform to Western values.

•Hybridization:
While cultural homogenization can occur, globalization also leads to cultural hybridization,
where different cultures blend and create new hybrid forms of art, music, and other cultural
expressions.
Here's a more detailed breakdown of the steps involved:

1. Global Collaboration and International Cooperation:

International Initiatives and Agreements:
Establish partnerships and agreements between countries to share knowledge, resources, and
best practices for cultural preservation.
Platforms for Knowledge Sharing:
Create online platforms and resources where diverse cultures can be showcased,
documented, and shared with a global audience.

2. Community-Based Approaches:
Community-Led Initiatives:
Empower local communities to take ownership of their cultural heritage and implement
preservation strategies that are relevant to their needs and values.
Capacity Building:
Provide training and support to local communities to develop their skills and knowledge in
cultural preservation and management.
Sustainable Tourism:
Promote responsible tourism that benefits local communities and preserves cultural heritage
sites and traditions
3. Leveraging Digital Technologies:
Documentation and Digitization:
Use digital technologies to document and preserve cultural heritage, making it accessible
to a wider audience and protecting it from damage or loss.

Digital Preservation:
Safeguard cultural heritage from natural disasters and other emergencies through digital
archives and backup systems.

4. Promoting Cultural Awareness and Appreciation:

Education and Awareness Programs:
Incorporate cultural diversity and awareness into educational curricula at all levels, from
schools to universities.

Cultural Exchange Programs:

Facilitate exchanges between different cultures to promote understanding, appreciation,
and respect for cultural diversity.

Increased Awareness and Appreciation:

Raise public awareness about the importance of cultural diversity and the threats of
cultural homogenization.
5. Encouragement Social Cohesion and Inclusion:
Social Cohesion:
Strengthen social cohesion by creating shared responsibility towards cultural heritage and
promoting inter-cultural dialogue and understanding.
Inclusion:
Ensure that cultural heritage preservation efforts are inclusive and benefit all members of
society, particularly marginalized groups.

6. Stakeholder Involvement:
Partnerships: Involve all relevant stakeholders, including governments, local communities,
private sector tourism companies, NGOs, and other relevant organizations, in cultural
preservation efforts.

7. Addressing the Challenges:

Lack of Funding and Infrastructure:
Address the challenges of funding and digital infrastructure that can hinder cultural
preservation efforts.
Digital Skills Gap:
Provide training and support to individuals and communities to develop the digital skills
needed to participate in cultural preservation.
Heavy Concentration of Cultural Content:
Promote a more diverse and equitable representation of cultural content online.
 REASON FOR PROTECTION OF TRADITIONAL KNOWLEDGE

Preservation of Cultural Heritage:

1. Safeguarding traditional practices: Protection of TK helps preserve cultural heritage and
traditional practices.
2. Maintaining community identity: TK is often closely tied to community identity and
cultural heritage.
Safeguarding Traditional Practices
Importance:
1. Cultural preservation
2. Intergenerational transmission
3. Community engagement
4. Promotes cultural diversity
5. Enriches community life
6. Supports community development:
7. Fosters community pride:
Challenges:
1. Cultural erosion: due to modernization, urbanization, and globalization.
2. Loss of traditional knowledge: may be lost if not documented
3. Cultural appropriation: may be appropriated or misused without permission or proper
understanding.
Strategies:
8. Documentation
9. Community-led initiatives:
10. Education and awareness:
 Importance of Maintaining Community Identity through Protection of Traditional
Knowledge:
1. Cultural heritage: Traditional knowledge is a vital part of a community's cultural
heritage and identity.
2. Sense of belonging: Protecting traditional knowledge helps maintain a sense of
belonging and connection to community traditions.
3. Community cohesion: Shared traditional knowledge can foster community cohesion
and social bonds.
4. Preserves cultural diversity: Protecting traditional knowledge preserves cultural
diversity and promotes community uniqueness.
5. Empowers communities: Protection of traditional knowledge empowers communities
to control their own cultural heritage.
6. Promotes intergenerational transmission: Protection of traditional knowledge ensures
its transmission to future generations.
7. Strengthens community identity: Protection of traditional knowledge strengthens
community identity and pride.
8. Fosters community resilience/ rebound : Protection promotes community resilience
and adaptability.
9. Supports sustainable development: Protection of traditional knowledge can support
sustainable development and community well-being.
Prevention of Misappropriation:
1. Bio piracy prevention: Protection of TK prevents bio piracy, where TK is exploited
without permission or compensation.
2. Unauthorized use: Protection prevents unauthorized use of TK for commercial gain.
Biopiracy: is Unauthorized use:of genetic resources, or biological materials without
permission or compensation. and also it is Exploitation: of traditional knowledge for
commercial gain without benefiting the original knowledge holders.

Importance of Prevention:
1. Protects community rights: protects the rights of communities to their traditional
knowledge and genetic resources.
2. Prevention of biopiracy ensures fair benefit sharing between communities and those
who use traditional knowledge.
3. Supports sustainable development: Biopiracy prevention supports sustainable
development and equitable use of genetic resources.

Measures for Prevention:

4. Documentation
5. Intellectual Property Rights: Establishing intellectual property rights for traditional
knowledge can prevent biopiracy.
6. Benefit Sharing Agreements: Benefit sharing agreements ensure that communities
receive fair compensation for the use of their traditional knowledge.
7. Regulatory Frameworks: Establishing regulatory frameworks can help prevent
biopiracy and promote fair use of traditional knowledge.
 Promotion of Sustainable Development:

Importance:
1. Sustainable use of resources: Traditional knowledge promotes sustainable use of
natural resources, contributing to sustainable development.
2. Environmental conservation: Traditional knowledge often includes practices that
conserve and protect the environment.
3. Community well-being: Protection of traditional knowledge can contribute to
community well-being and sustainable livelihoods
4. Holistic approach: Traditional knowledge often takes a holistic approach to
development, considering social, economic, and environmental factors.
5. Innovative solutions: Traditional knowledge can provide innovative solutions to
development challenges, particularly in areas such as agriculture, health, and natural
resource management.
6. Community-led development: Protection of traditional knowledge can support
community-led development initiatives
 Recognition of Community Rights:
1. Community ownership: Protection of TK recognizes community ownership and
rights over TK.
2. Fair benefit sharing: Protection promotes fair benefit sharing between communities
and those who use TK.
3. 1. Community-led decision-making: Recognition of community rights enables
community-led decision-making regarding traditional
4. Protection from exploitation: Recognition of community rights protects traditional
knowledge from exploitation and misappropriation.
5. Promotes equity: Recognition of community rights promotes equity and fairness in
the use of traditional knowledge.
 Value of Traditional Knowledge in the Global Economy
Economic Benefits:
1. Innovation: TK can lead to innovative products, services, and processes.
2. Competitive advantage: Companies that incorporate TK into their products or services can gain
a competitive advantage.
3. New markets: TK can help companies tap into new markets and customer segments.
4. Sustainable development: TK can contribute to sustainable development by promoting
environmentally friendly practices.
5. Community development: TK can contribute to community development by generating income
and promoting cultural heritage.
6. Global market access: TK can provide access to global markets, enabling communities to
benefit from their knowledge
Examples:
7. Pharmaceuticals: Many modern medicines are derived from TK of medicinal plants.
8. Agriculture: TK of crop rotation, irrigation, and pest management can improve agricultural
productivity.
9. Cosmetics: TK of natural ingredients can lead to the development of new cosmetics and
personal care products.
Challenges:
10. Intellectual property protection: TK is often not protected by intellectual property laws, making
it vulnerable to exploitation.
11. Biopiracy: Unauthorized use of TK can lead to biopiracy, where companies profit from
traditional knowledge without compensating the original knowledge holders.
12. Cultural appropriation: TK can be culturally appropriated, leading to loss of cultural heritage
and identity.
Role of Government in Harnessing Traditional Knowledge
By
1. Documentation: Governments can support the documentation of TK through databases,
registries, and archives.
2. Preservation: Governments can work to preserve TK by supporting cultural heritage initiatives
and protecting traditional practices.
3. Intellectual Property Protection: Governments can establish laws and regulations to protect TK
from misappropriation and unauthorized use.
4. Promotion: Governments can promote TK through various initiatives, such as cultural festivals,
exhibitions, and educational programs.
5. Benefit Sharing Mechanisms: Governments can establish benefit sharing mechanisms to ensure
that TK holders receive fair compensation for the use of their knowledge.
6. Community Engagement: Governments can engage with local communities to develop benefit
sharing agreements and ensure that traditional knowledge is used in a way that respects
community rights on, protection, and promotion.
7. Research Support: Governments can support research into traditional knowledge and its
applications, while ensuring that research is conducted in an ethical and respectful manner.
8. Development of New Products: Governments can facilitate the development of new products
and services based on traditional knowledge, while ensuring that benefits are shared with TK
holders.
9. Policy and Legislation:
Policy Framework: Governments can develop policy frameworks that recognize and protect
traditional knowledge.
Legislation: Governments can enact legislation that provides for the protection and promotion of
traditional knowledge.
 Government Initiatives to Harness Traditional Knowledge
India:1.
Traditional Knowledge Digital Library (TKDL): A database of traditional Indian
medicine and knowledge, aimed at preventing biopiracy and promoting research.
Protection of Plant Varieties and Farmers' Rights Act, 2001: Recognizes farmers'
rights to traditional knowledge and provides for benefit sharing.
Australia:
1. Indigenous Knowledge Database: A database of indigenous knowledge and
cultural heritage, aimed at preserving and promoting indigenous knowledge.
2. Native Title Act, 1993: Recognizes indigenous rights to traditional knowledge and
land.
Brazil
3. National Policy on Traditional Knowledge: A policy framework for protecting
and promoting traditional knowledge, particularly in the context of biodiversity
and indigenous communities.
4. Medicinal Plants Program: A program aimed at promoting the use of traditional
medicinal plants and supporting local communities.
South Africa:
5. Indigenous Knowledge Systems Policy: A policy framework for recognizing and
protecting indigenous knowledge.
6. South African National Biodiversity Institute: Works to document and promote
traditional knowledge related to biodiversity.
Examples of Indian Government Initiatives to Harness Traditional Knowledge
Traditional Knowledge Digital Library (TKDL):
1. Database of traditional knowledge: A comprehensive database of traditional Indian medicine and
knowledge.
2. Preventing biopiracy: TKDL helps prevent biopiracy by providing a prior art database for patent
examiners.
Protection of Plant Varieties and Farmers' Rights Act, 2001:
3. Recognizing farmers' rights: The Act recognizes farmers' rights to TK and provides for benefit
sharing.
4. Protection of plant varieties: The Act provides protection for new plant varieties and promotes the
conservation of genetic resources.
National Innovation Foundation (NIF):
5. Documenting traditional knowledge: NIF documents and promotes traditional knowledge and
innovations from grassroots innovators.
6. Supporting grassroots innovators: NIF provides support to grassroots innovators, including funding
and technical assistance.
Ayurveda, Yoga & Naturopathy, Unani, Siddha, and Homoeopathy (AYUSH):
7. Promoting traditional medicine: The Ministry of AYUSH promotes traditional Indian medicine
systems, including Ayurveda, Yoga, and Siddha.
8. Research and development: AYUSH supports research and development in traditional medicine,
including the development of new products and therapies
Other initiatives:
9. National Biodiversity Mission: Aims to conserve and sustainably use biodiversity, including
traditional knowledge associated with it.
10. CSIR's Traditional Knowledge Database: A database of traditional knowledge, including medicinal
plants and other traditional practices
International Union for the Protection of New Varieties of Plants. This
international organization, established in 1961, provides a system for protecting
plant breeders' rights through intellectual property, encouraging the development
of new plant varieties.
 Some Key Organizations And Bodies Involved In This Area

1. World Intellectual Property Organization (WIPO):

The **World Intellectual Property Organization (WIPO)** is a specialized

agency of the United Nations established in 1967 and headquartered in
Geneva, Switzerland. Its primary mission is to promote intellectual property
(IP) protection worldwide, aiming to foster creativity and innovation for
economic, social, and cultural development.

WIPO plays a crucial role in bridging the gap between international IP law and
the need to respect and protect traditional knowledge. By fostering dialogue
and developing legal frameworks, WIPO aims to ensure that the rights of
communities holding traditional knowledge are recognized and that they can
benefit from the use of their knowledge in various domains, including
commerce, research, and cultural preservation
 2. United Nations Educational, Scientific and Cultural Organization (UNESCO):

UNESCO works on preserving intangible cultural heritage, which includes traditional

knowledge. Its Convention for the Safeguarding of the Intangible Cultural Heritage (2003)
supports the protection of various forms of TK. UNESCO is a specialized agency of the
United Nations established in 1945. Its mission is to promote international collaboration in the
fields of education, science, culture, and communication to foster peace and security,
sustainable development, and the protection of cultural heritage .

Key Functions and Activities of UNESCO:

1. Education: UNESCO promotes universal access to education and lifelong learning. It

focusing on marginalized groups, including women and girls.
2. Cultural Heritage Preservation: UNESCO is well known for its work in identifying,
protecting, and preserving cultural heritage. This includes both tangible heritage (like
monuments and artifacts) and intangible heritage (such as traditions, languages, and
traditional knowledge).
3. Intangible Cultural Heritage: UNESCO established the conference for the Safeguarding of
the Intangible Cultural Heritage in 2003, aimed at protecting various forms of cultural
expressions, including traditional knowledge, rituals, and practices that are passed down
through generations.
4. World Heritage Sites: UNESCO designates places of outstanding cultural or natural
importance as World Heritage Sites, ensuring their preservation for future generations. This
program has helped promote awareness of cultural diversity and the value of heritage.
5. Freedom of Expression and Press Freedom: UNESCO advocates for the importance of
freedom of expression, press freedom, and the role of media in society.

6. Sustainable Development Goals (SDGs): UNESCO contributes to the implementation

of the United Nations’ Sustainable Development Goals, particularly Goal 4 (Quality
Education), and works on issues related to culture, environmental sustainability, and social
inclusion.

Initiatives Related to Traditional Knowledge:

Intangible Cultural Heritage Convention: Through the 2003 meeting, UNESCO
promotes the safeguarding of traditional knowledge and cultural practices. States Parties
to the Convention are encouraged to recognize, protect, and promote the intangible
cultural heritage of communities, groups, and individuals.
Registration and Inventorying: UNESCO supports the creation of inventories of
intangible cultural heritage to help communities document and safeguard their traditional
knowledge. This process encourages the recognition and sharing of these cultural
practices.
Capacity-Building Programs: UNESCO provides training and resources to member
states and communities to enhance their understanding of safeguarding practices and the
role of traditional knowledge in cultural heritage.
Cultural Policy Development: UNESCO assists countries in formulating policies that
support the protection and promotion of traditional knowledge and cultural expressions,
emphasizing the importance of local community participation.
 3. Convention on Biological Diversity (CBD):

This international treaty aims to conserve biological diversity and includes provisions for
the protection of traditional knowledge related to biodiversity, especially in relation to
genetic resources.

The Convention on Biological Diversity (CBD) is an international treaty established in

1992 to promote sustainable development and conservation of biological diversity. One
important aspect of the CBD is its recognition of traditional knowledge, innovations, and
practices of indigenous and local communities related to biodiversity, and the role they
play in conservation and sustainable use.

In particular, the Akwe: Kon Akwe:kon (pronounced "ah-GWAY'-gohn") is the first

university residence hall in the country purposely built to celebrate North American
Indigenous heritage.

In the Mohawk language, Akwe:kon means "all of us." The spirit of this word is
reflected in the inclusiveness that Akwe:kon offers to its residents and the wider
community Guidelines provide a framework for the development of processes and
criteria for the fair and equitable sharing of benefits. They encourage countries to take
into account the rights of indigenous peoples over their traditional knowledge.
 4. International Indigenous Forum on Biodiversity (IIFB):

The IIFB was formed in 1996 during the Third Conference of the Parties (COP3) to the
Convention on Biological Diversity (CBD) in Buenos Aires, Argentina. Today Indigenous
Peoples and local communities from seven regions of the world are part of the IIFB:
Africa; Asia; Central and South America and the Caribbean (LAC); the Arctic; Eastern
Europe, Russian Federation, Central Asia and Transcaucasia​; North America and the
Pacific.

The International Indigenous Forum on Biodiversity (IIFB) is a collection of

representatives of indigenous governments, indigenous non- governmental organizations
and indigenous academics and activists who organize around the Convention on
Biological Diversity (CBD) and other major international environmental meetings to
help coordinate indigenous strategies at the global, regional and national levels.

5. The International Fund for Agricultural Development (IFAD) :

This UN agency supports rural development and includes initiatives for the protection and
utilization of traditional agricultural knowledge and practices.

6. Agro-ecology and Traditional Knowledge Networks:

Various networks and NGOs focus on agroecology, which often emphasizes the importance
of traditional agricultural knowledge in sustainable farming practices.
 7. American Indian Science and Engineering Society (AISES) :
This organization supports the representation of indigenous values and traditional
knowledge in science, engineering, and technology education.
The American Indian Science and Engineering Society (AISES), (1977) is a “national
nonprofit organization focused on substantially increasing the representation of Indigenous
peoples of North America and the Pacific Islands in science, technology, engineering, and
math (STEM) studies and careers”. There are over 7,000 members and more than 200
chapters across North America and the Pacific Islands.

8. Cultural Survival:
This non-profit organization advocates for Indigenous peoples' rights and works to support
the cultural traditions, languages, and traditional knowledge of Indigenous communities
worldwide.

9. Local NGOs and Community-Based Organizations:

Many regional and local organizations work to protect and promote traditional knowledge
in their communities, often focusing on cultural heritage, sustainable practices, and
advocacy
Examples
Indigenous Cultural Society (ICS) https://ich.unesco.org/doc/src/52819-EN.pdf]:
West Africa Coalition for Indigenous Peoples' Rights (WACIPR)
Herbal Folklore Research Centre (HFRC)
 India protects traditional knowledge through a combination of existing
intellectual property laws and specialized initiatives.
The use of the Traditional Knowledge Digital Library (TKDL), and the National
Biodiversity Authority (NBA) which oversees access to biological resources and
traditional knowledge.
Key Laws
Patents Act, 1970:
Specifically, Section 3(p) of the Act states that inventions that are purely based on
traditional knowledge or duplicate its components are not patentable.

Traditional Knowledge Digital Library (TKDL):

This database, established by the Council of Scientific and Industrial Research (CSIR)
and the Ministry of AYUSH, serves as prior art, preventing the patenting of traditional
knowledge by including information from ancient texts.

National Biodiversity Authority (NBA):

The NBA, established under the Biological Diversity Act, 2002, regulates access to
biological resources and traditional knowledge, ensuring that benefits are shared with
local communities.

Geographical Indications (GI) Act, 1999:

This act protects products with a specific geographical origin linked to traditional
knowledge, such as Basmati rice.
Protection of Plant Varieties and Farmers' Rights Act, 2001:
This act recognizes the role of farmers as cultivators and conservers of plant
varieties, acknowledging the contribution of traditional communities.

Forest Rights Act, 2006:

This act provides for community rights over forest resources and traditional
practices.

The Protection of Traditional Knowledge Bill, 2022:

This bill aims to establish a sui generis system for protecting traditional
knowledge, addressing the limitations of current intellectual property
frameworks.
A. Culture is the collective and individual behavior of a group of people
who can identify with one another based on such behaviors.

Elements of culture
What is cultural heritage?
Cultural Heritage is an expression of the ways of
living developed by a community and passed on from
generation to generation, including customs,
practices, objects, artistic expressions and values.

UNESCO defines Cultural Heritage as ‘both a

product and a process, which provides societies with
a wealth of resources that are inherited from the
past, created in the present and bestowed for the
benefit of future generations’.
Types of Cultural Heritage

The cultural heritage of Indigenous peoples is considered in two ways

i.e. tangible and intangible. Both aspects are strongly interconnected to each
other, and to Country (broadly or specific to a place).

Tangible Cultural Heritage: refers to physical artifacts produced, maintained

and transmitted intergenerationally in a society.
It includes artistic creations, built heritage such as buildings and
monuments, and other physical or tangible products of human creativity.
For e.g. Hill forts of Rajasthan, Sun temple, etc.

Intangible Cultural Heritage: indicates the practices, representations,

expressions, knowledge, skills – as well as the instruments, objects, artefacts and
cultural spaces associated therewith.
For e.g. The tradition of Vedic chanting, Ramlila, Kumbh Mela, etc.
2. What are the key elements of India's cultural heritage?
India’s cultural heritage is not only one of the most ancient but it is also one of the
most extensive and varied. Due to its rich and precious Cultural and Natural
heritages, India is came to be known as the land of great wonders and diversities.
The key elements of India’s cultural heritage are

Indian Knowledge Systems: It comprises of Jnan, Vignan, and Jeevan Darshan that
have evolved out of experience, observation, experimentation, and rigorous analysis.
For E.g., Yoga, Ayurveda, etc.

Indian folk culture: It is vibrant mixture of traditions, art forms, and customs
passed down through generations continuously from Indus Valley Civilization.
It encompasses diverse regional practices, including intricate handicrafts, and
lively music and dance. For e.g., Lavani dance of Maharashtra, Madhubani
painting of Bihar, etc.

Art and Architecture: India is rich in traditions of painting, sculpture, literature,

and poetry which continue to thrive.
India boasts a rich architectural heritage with a blend of ancient and modern
structures. Iconic landmarks like the Taj Mahal, Qutub Minar, Jaipur's palaces,
and ancient temples like Khajuraho and
Ellora showcase India's architectural prowess.

Festivals: India is a land of festivals, and there is always a celebration taking

place somewhere in the country for e.g. hornbill festival.

Religious Diversity: India, the birthplace of Hinduism, Buddhism, Jainism, and

Sikhism, also hosts significant Muslim, Christian, Jewish, and other religious
populations.

Languages and Scripts: India is a linguistically diverse nation with over 1,600
languages spoken. The Constitution recognizes 22 official languages. Each state
has its own official language(s).

Social and cultural practices: India is unlike any other major civilization in its
complexity and diversity; in fact, it is more akin to a region as diverse as Europe
than a nation-state.

Rituals related to marriage, birth, death, and religious ceremonies are different
in different part of India.
3. What is the role of India's cultural heritage in national development?
Understanding our cultural heritage gives us a better sense of our personal identity.
It plays an essential role in our society by linking the past, the present and the future
generation, as a basis for building a strong nation and national identity. Main role
played by cultural heritage are:

Social Cohesion and Identity:

Cultural heritage binds people together, fostering a sense of shared identity and
belonging as It transcends regional, linguistic, and religious boundaries,
For e.g., the tradition of "Aarti," a Hindu ritual of worship involving the offering
of light to deities, is performed daily in temples across India.

Economic Impact:
Heritage economics is an evolving field with enormous potential in terms
of sustainable development.
Heritage items, such as historic buildings, are classified as cultural capital as they
may not only have a potential sale price as real estate, but also have other
significance that cannot be expressed in monetary terms, such as an ancient
engineering concept. like the International Day of Yoga exemplify India’s cultural
influence.
Job Creation: Heritage-related services, such as guided tours, restoration, and
cultural events, create employment opportunities.
For e.g., Iconic heritage sites like the Taj Mahal, Ajanta Caves,
and Khajuraho Group of Monuments attract millions of visitors annually.
Craftsmanship, handlooms, and indigenous arts generate employment and
income for artisans and communities.
For e.g., Toy industry is a labour-oriented industry based on master
craftsmanship and creative designing.
Cultural exports, including music, dance, and handicrafts, enhance India’s
global presence and contribute to foreign exchange earnings.

Education and Innovation: Ancient texts like the Vedas, Upanishads, and
Bhagavad Gita offer profound knowledge and ethics, while Yoga and Ayurveda
provide holistic health.
Cultural heritage fosters creativity, innovation, and interdisciplinary thinking .
Environmental Conservation: India's cultural heritage, intertwined with
natural landscapes like the Ellora Caves, Sundarbans National Park and
Sacred groves, promotes ecosystem protection and embeds sustainable
practices in traditions.

Achieving Sustainable Development Goals (SDGs): The G20 New Delhi

Leaders’ Declaration highlights culture's role in achieving SDGs. Artists,
through movements like Delhi's street art movement, raise awareness and
drive social change on climate, waste, and gender issues.

Soft Power and Cultural Diplomacy:

Culture acts as a cohesive agent for growth and development in
international relations. Two Indian philosophies, viz. Vasudhaiva
Kutumbhakam and Atithi Devo Bhava, have always been part of Indian
traditions.
Cultural exchanges and Initiatives
4. What are the Government Initiatives for heritage conservation and Cultural
Revival
?

The Government is combining development with heritage preservation, instilling a

deeper sense of history in the younger generation. The government is focusing on
cultivating an appreciation for India’s civilizational heritage, that will foster a
transformative shift in society. Major government initiatives are
Cultural Heritage Conservation and Promotion:
The Kashi Culture Pathway, adopted at the G20 Culture Ministerial Meeting
in 2023, addresses threats to cultural heritage.

New Institution: The government has decided to set up ‘Indian Institute of

Heritage’ at Noida to focus on conservation and research in India‘s rich tangible
heritage.

The PRASAD Pilgrimage Rejuvenation and Spiritual Augmentation

Drive) and HRIDAY scheme (Heritage City Development and Augmentation
Yojana) aims to develop and beautify pilgrimage destinations and to preserve and
revitalise the heritage cities of India.
Under the Swadesh Darshan Scheme: 15 themes have been identified for
developing theme based circuits in which one theme is Heritage Circuit such
as Madhya Pradesh Indore-Maheshwar-Omkareshwar.

The ‘Adopt a Heritage’ project aims to develop the heritage

sites/monuments, making them tourist friendly and enhancing the tourism
potential. This involves active participation of individuals, agencies by
becoming “Monument Mitra” through the concept of Vision Bidding.

PM Vishwakarma Yojana to create an ecosystem of support for traditional

artisans and to enable them to flourish in their crafts and contribute to the
preservation of India's rich cultural heritage.
Education and Skill Development Initiatives:

Protecting natural heritage: Centre administers ‘Scheme of Financial

Assistance for the Preservation and Development of Cultural Heritage
of the Himalayas‘ that provides 10 lakh per year to schools or colleges to
study and research on Himalayan cultural heritage.

Kashi Tamil Sangamam was organised by the Ministry of Education in

2022 to celebrate, reaffirm and rediscover the age-old links between Tamil
Nadu and Varanasi.

Toy Cluster Programme- To streamline this sector, the government

announced the ‘Product Specific Industrial Cluster Development
Programme’ in 2020 to build toy clusters in dedicated SEZs and help them
become customised, self-sustained ecosystems catering to export markets.

Know India Programme, a three-week orientation programme by the

MEA, has created a unique forum for youth diaspora to acquaint themselves
with Indian Culture.
Institutional measures to protect heritage:

The Archaeological Survey of India (ASI): Founded in 1861 by Alexander

Cunningham. Currently headquartered in New Delhi, Under Ministry of Culture.
It is a premier organisation that is responsible for archaeological research and
the conservation and preservation of cultural historical monuments in the
country.

Indira Gandhi National Centre for the Arts (IGNCA): An autonomous

institution under the Ministry of Culture focusing on the preservation and
promotion of art and culture.

Preserving Intangible Heritage: Institutions like the Sangeet Natak

Akademi and Lalit Kala Akademi actively safeguard and promote these
intangible treasures.
International and Technological Initiatives:

India has signed several bilateral agreements with other

countries such as Israel, Japan, and France for Cultural
Exchanges and Promotion.

Indian Council for Cultural Relations (ICCR): under Ministry

of External Affairs to promote cultural exchanges with other
countries and people.

Culture hubs: Transportation Hubs including Metro stations and

Airports in India have also volunteered in preserving and sensitising
the passenger about various Art forms.

Netflix and UNESCO have recently come together to celebrate

the rich cultural heritage of India, both tangible and intangible,
through a cartooned series titled Mighty Little Bheem.
5. What are the threats to India's diverse cultural heritage?

India has suffered over the ages, with its heritage not only plundered but
also destroyed irrevocably, many a times, by foreign invaders. In the
present time there are threats such as
Issues with the present legal framework
Registration of Antiquities: The AAT Act, 1972, provided that the
Central Government may specify those antiquities which should be
registered under the Act. As per the extant provisions, registration of
the artefacts was not mandatory.
Further, the registration process was not based on scientific testing
but relied on discretion. Hence, its accuracy may be ambiguous
and subject to disputes.
Digitisation and documentation of Art objects: Documentation of
art heritage is a gaping hole in efforts to preserve and safeguard
heritage.
Repatriation of artifacts: The ASI stated that the restitution of the
objects which were taken out of the country prior to the enforcement of
the Act was not within its control.
Hence they had to depend on the goodwill of other countries for
their restitution.
Lack of integrated planning: Many archaeological sites have been
destroyed or explored due to developmental activities, emphasizing the
need for cultural resource management.
For instance, in 2020, evidence of the Ochre Coloured Pottery
(OCP) culture (2100-1900 BCE) emerged in Chandayan, Uttar
Pradesh. However, due to the land still being under cultivation,
the Archaeological Survey of India (ASI) has been unable to
commence excavation.
Issue with ASI: According to parliamentary standing committee, ASI
working is plagued by lack of centralised monitoring of excavation
activities, lack of action plans, and insufficient budget allocation.
Lack of Coordination: Inadequate coordination between central and
state bodies impairs heritage conservation efforts. For instance,
the Elephanta Caves have faced neglect and deterioration.
Natural Disasters and changing climate: India's tropical climate
leads to extreme temperatures, humidity, air conditions, and
contaminants which is changing due to rise in temperature
For e.g. red fort was flooded recently due to flood in Yamuna
river, effects of pollution in Taj mahal, etc.
Treats to performing art: Financial constraints, a lack of institutional
support, and waning enthusiasm among the younger generation are
hampering preforming art such as Tamasha, thali ki Ramayana, etc.
Illicit trafficking of cultural property driven by greed and lack of
heritage appreciation, deprive nations of their heritage and impede
archaeological research.
For example, Bronze Nataraja statues smuggled from Tamil Nadu
temples are linked to organized crimes, money laundering, and
terrorist financing.
6.
What are the measures required to preserve and celebrate India’s cultur
al heritage?
India's cultural heritage is a vast and diverse treasure that requires concerted
efforts to preserve and celebrate. A comprehensive approach to safeguarding
this heritage involves several key measures:
Revamping ASI: It can be provided with better funding and ensure that all
the conservation processes employed at the Centrally protected monuments
are backed by well-documented scientific research.
National Database: Collaboration between ISRO and the Ministry of
Culture should lead to a comprehensive, GIS-based national database of
heritage sites, ensuring efficient preservation.
An overarching management plan is required to revive the heritage
structures with creating a National Archaeological Database at the
outset.
Use of Technology: Implement advanced technologies
like Photogrammetry, 3D Laser scanning, LiDAR, Block chain
technology and Satellite Remote Sensing Surveys in documentation,
surveys, excavation, and conservation efforts.
Excavation and Exploration of Archaeological Sites: Draft of Excavation
and Exploration Policy to be finalized and adopted after public discussion
and Archaeology to be recognised as a separate Cadre as suggested by
Heritage Tourism and Education: Promote heritage tourism to preserve
cultural and historic resources while creating economic opportunities and
raising awareness. The guidelines of the National Conservation
policy(given below )need to be implemented vigorously.
An archaeological site should be subjected to minimum - whilst
only necessary - interventions so as to maintain its authenticity and
integrity.
Conservation should be treated as a multi-disciplinary
enterprise that focuses on developing holistic solutions
Disaster Management Plan should be made as an important pre-
requisite of the Conservation Plan for a monument.
Funding: From ‘crowd funding’ to ‘community funding’, new funding
models can be explored. Also, The ASI or State Archaeology
Departments need to identify projects that could be carried out in rural
areas with MNERGA funds.
Dissemination of cultural heritage information to the Citizens: A
national campaign like the Swachh Bharat Abhiyan can be started
to leverage behavioural economics in changing the perception of
citizens and instilling a sense of pride towards our composite heritage.
Involvement of private sector: National level, State level,
District level competitions focusing on culture can be promoted
regularly.
Private sector can also be encouraged to promote culture
through their CSR programs.
Preserving performing arts: Developing the idea of a specific
museum (Living Home) of live performing arts at the regional
level is needed.
Documentation and the establishment of a performing
arts council at the regional level to ensure the substantial
existence of the art form.