SAFEGUARDING INDIA’S INTANGIBLE CULTURAL HERITAGE: ETHICAL AND LEGAL CHALLENGES IN CINEMA’S REPRESENTATION OF TRADITIONAL KNOWLEDGE AND RITUALS

AUTHORS – SAM DINAKARAN MANUEL P & MOULITHARUN.S, STUDENTS AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – SAM DINAKARAN MANUEL P & MOULITHARUN.S, SAFEGUARDING INDIA’S INTANGIBLE CULTURAL HERITAGE: ETHICAL AND LEGAL CHALLENGES IN CINEMA’S REPRESENTATION OF TRADITIONAL KNOWLEDGE AND RITUALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 505-514, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Important questions of permission, cultural appropriation, and the monetisation of intangible cultural assets are brought up by the way traditional knowledge and rituals are portrayed in Indian cinema. Filmmakers often depict Native American traditions without obtaining permission from the communities who own them, which creates ethical and legal quandaries. The Indian Copyright Act of 1957’s shortcomings in safeguarding collective cultural expressions are examined in this article, which emphasises how the legal system gives individual rights precedence over community ownership of traditional knowledge. The study highlights the misrepresentation and monetisation of religious activities through case studies of films such as Slumdog Millionaire and Narmada Bachao Andolan. This portrayal not only distorts the cultural value of these practices, but it also abuses these communities economically. In order to protect India’s intangible cultural legacy, the study highlights the necessity of a sui generis framework that recognises community intellectual property and guarantees that filmmakers have informed consent. It is critically necessary to implement legislative changes that recognise the collective nature of cultural assets in order to shield indigenous people from economic marginalisation and cultural exploitation. In order to address the ethical representation of traditional behaviours in Indian cinema, the paper suggests a complete framework that incorporates moral rights, social ownership, and benefit-sharing.

Keywords:  Cultural Appropriation, Community Consent, Copyright Law, Traditional Rituals, Intangible Cultural Heritage