M.K. Mrudula, B.A., LLB (Hons.), School of Excellence in Law, TNDALU, Chennai
ABSTRACT
The evolving nature of the world and the legal field have devised a way to protect not just the tangible objects but also the intangible. This presents a unique opportunity to protect all forms of art forms by acquiring intellectual property rights. These rights would protect such art forms and maintain their indigenous and traditional value and purity. In addition, the rights attribute the art forms to the respective communities or owners. However, tribal dances are not within the purview of such legal protection. This paper delves into the nature of tribal dance art forms and their misuse by third parties who have no allegiance to them. A doctrinal method of study has been adopted and the data has been collected from secondary resources. The paper studies the instances where tribal dances have been exploited for personal gain by various entities. It analyses the existing national and international legislations, including but not limited to the UDHR, ICESCR and attempts to identify the lacunae in law in conferring IP protection for tribal dances. The critical study further aids in attempting to lay out prospective measures aimed at providing protection to tribal dances. An intensive effort combined with international cooperation is the key to shaping a better future for the indigenous communities and protecting their rights.
Keywords: Intellectual Property, Tribal Dance, Traditional Cultural Expression, Law
