Reconciling Tradition And Modernity: A Comparative Legal Analysis Of The Protection And Integration Of Indian Knowledge Systems In Environmental Governance In India And The European Union
- IJLLR Journal
- 2 minutes ago
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Yash Kumar Singh & Arihant Agarwal, School of Law, Christ (Deemed to be University), Bengaluru
ABSTRACT
This article compares the integration of Indigenous Knowledge Systems (IKS) or Traditional and Indigenous Knowledge (TIK) into the environmental legal frameworks of India and the EU. India’s participatory approach, anchored by the Biological Diversity Act, 2002, and Forest Rights Act, 2006, emphasizes community rights, decentralized governance, and Access and Benefit-Sharing (ABS) through Biodiversity Management Committees and People’s Biodiversity Registers. However, implementation challenges like bureaucratic resistance hinder effectiveness. The EU, through the Biodiversity Strategy 2030, Common Agricultural Policy, and Regulation (EU) No. 511/2014 (Nagoya Protocol), adopts a centralized, compliance-driven model, promoting sustainability but often overlooking cultural nuances of TIK. Both systems recognize TIK’s role in biodiversity and climate resilience, yet India prioritizes community ownership, while the EU focuses on regulatory uniformity. The article advocates cross-jurisdictional learning, urging inclusive legal frameworks, equitable ABS, and community participation to integrate TIK into sustainable environmental governance.
Keywords: Indigenous Knowledge Systems, Environmental Law, Access and Benefit- Sharing, Biodiversity Governance, Traditional Knowledge Protection
