Indian Artisans And The Law: Protecting Traditional Cultural Expressions In A Global Fashion Economy
- IJLLR Journal
- Apr 22
- 2 min read
Keyushi Shah, KES Shri Jayantilal H Patel Law College, India
Sanika Rai, KES Shri Jayantilal H Patel Law College, India
ABSTRACT
The study explores legal and cultural contestations concerning Traditional Cultural Expressions (TCEs) and Traditional Knowledge (TK) in India. It does so within the framework of the Kolhapuri chappal–Prada controversy as a locus of cultural appropriation, commercial misrepresentation, and a “crisis of originality” in intellectual property law. The dominant IP system model, which focuses on individual authorship, novelty, fixation, and limited duration, cannot accommodate the living traditions of handicrafts, textiles, embroidery, footwear, and other folk artistic expressions that characterize India’s rich artisanal heritage. These traditions involve collective, intergenerational, and community-based creative processes. This article argues that the existing legal regime in India is based on copyright, design, geographical indications, and defensive mechanisms such as the Traditional Knowledge Digital Library that gives only piecemeal and largely defensive protection to artisans and communities. While some types of misappropriation might be prevented, these instruments do not ensure community ownership and equitable sharing of benefits, nor do they prevent aesthetic copying and distortion of cultures. The article uses the Kolhapuri chappal controversy to illustrate how the transformation of a centuries-old craft into a luxury product on the global market leaves the original artisan community without recognition or economic benefits. The case also reveals the limits of GI protection, as it only protects the product’s name and reputation related to a specific geographical origin but does not necessarily extend to the design idiom, technique, or cultural meaning that underlies the craft. India needs, therefore, a sui generis, community-based regime that situates the protection of TCEs and TK within a matrix of legal protection, cultural preservation, prior informed consent, and fair and equitable benefit- sharing. This will reflect better the collective, evolving nature of traditional creativity and reinforce the position of artisans as rightful custodians of India’s cultural heritage.
