India's Repatriation of Artefacts Highlights Larger Global Issue of Cultural Theft
By Gajanan Khergamker
The return of stolen artefacts worth millions from the United States to India marks a significant step in the reclamation of tangible heritage. However, it scratches the surface of a deeper global issue—the pervasive theft and exploitation of intellectual property belonging to indigenous peoples.
Unlike artefacts that can be physically returned, the misappropriation of indigenous knowledge and cultural heritage is an insidious crime, cloaked in legal loopholes, globalisation, and corporate agendas.
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| The cultural theft isn't just tangible. It continues to be perpetrated without check, till date |
For centuries, traditional knowledge systems and cultural expressions have been commercialised without benefit accruing to their rightful owners. Pharmaceutical patents exploit ancestral medicinal practices, tribal art becomes mass-produced commodities, sacred symbols are trivialised in fashion, and indigenous cuisines are rebranded under dominant cultures. These violations transcend borders and have become alarmingly normalised.
The Glaring Gap: Tangible vs. Intangible
While the repatriation of physical artefacts can be pursued through legal battles and political will, intellectual property theft is harder to trace and address. Frequently recontextualised to serve commercial interests, it is often legitimised through patents and trademarks granted to opportunists, sidelining the true custodians.
Despite efforts like the Convention on Biological Diversity (CBD) and the Nagoya Protocol advocating fair benefit-sharing from genetic resources, these frameworks fall short. The absence of universal ratification, with nations like the United States still abstaining, exacerbates the challenge.
Call for a Robust Legal Framework
Addressing this inequity demands an enforceable global mechanism that prioritises indigenous voices and redefines ownership to align with communal values. Proceeds from the commercial use of indigenous intellectual property must flow back to the originating communities. A voluntary code of conduct for ethical use could complement legal frameworks, fostering accountability and respect for cultural heritage.
Beyond Legal Action: A Moral Reckoning
Corporations, research institutions, and governments must confront historical injustices and commit to transparency. Direct collaborations with indigenous creators—offering fair compensation and recognition—can foster equitable partnerships. Examples like New Zealand’s Maori IP protections and Australia’s safeguards for Aboriginal art provide valuable benchmarks.
Global Solutions and Local Initiatives
India’s success in securing geographical indications (GIs) for products like Darjeeling tea and Kanjeevaram silk underscores the potential of tailored protections. Expanding such measures to cover techniques, folklore, and intangible heritage is imperative. Internationally, a universal treaty recognising indigenous rights could bridge gaps left by fragmented national laws.
Cultural Appropriation in the Digital Age
The digital era has intensified the commodification of culture, where influencers and media channels often hijack narratives without credit. This clickbait culture erodes originality and marginalises indigenous voices, prioritising profit over authenticity.
Preserving Humanity’s Soul
Safeguarding indigenous intellectual property is not just about legal redress—it is about recognising the intrinsic value of cultural heritage. As Mahatma Gandhi said, “A nation’s culture resides in the hearts and soul of its people.” It is a collective responsibility to ensure that the world’s cultural wealth is not reduced to a profit-driven commodity but celebrated as a cornerstone of identity, history, and humanity.
(This report is an abridged version of the full report 'Structured Legal Framework Must Protect Indigenous Intellectual Wealth' published by DraftCraft International and can be read here and downloaded here)
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