Stumbling Blocks Of Intangible Cultural Heritage: Safeguarding And Promoting Diversity

Vidushi Tanya, National Law Institute University, Bhopal

ABSTRACT

Culture is a blend of the beliefs, age-old customs, practices, traditions and institutions, values and symbols followed by society for generations.1 Due to the uniform and systematic practices, human behaviour finds a sense of familiarity and belonging with the culture they are a part of, resulting in the sociological phenomenon of cultural identity.2 When cultural identity is strongly embraced and celebrated by the people of a nation, it forms the part of Cultural Heritage of the nation.

This paper delves into the intricate realm of Intangible Cultural Heritage (ICH) and its profound role in shaping the cultural identity of nations, echoing that a nation's true essence resides in the heart and soul of its people. The study emphasizes the significance of culture as a dynamic blend of beliefs, customs, traditions, and values passed down through generations, forming the rich tapestry of a nation's heritage.

The present paper shall explore the detailed features of ICH ad highlighting the background and the evolution leading to the present framework including UNESCO's Convention for the Safeguarding of Intangible Cultural Heritage. Case studies are employed to illustrate the intricacies of protecting ICH, highlighting the dynamic, abstract, and changeable nature of this cultural heritage.

The paper also focuses on the paucity of the present Intellectual Property Rights and the need for a sui generis legislative protection for the special features of ICH through multiple case studies. Finally, the researcher depicts the present-day significance and relevance of ICH with certain conclusions and suggestions.