From Custodians to Claimants: Legal Recognition of Scheduled Tribes as Owners of Traditional Knowledge

The discourse on tribal rights over traditional knowledge has often been framed through the lens of “custodianship,” where Scheduled Tribes are seen merely as guardians of cultural and ecological wisdom rather than legitimate owners. This perspective not only undermines their sovereignty but also perpetuates the myth of protection by denying them meaningful control over their intellectual heritage. Despite constitutional guarantees and legislative measures such as the Forest Rights Act, 2006 and the Panchayats (Extension to Scheduled Areas) Act, 1996, Scheduled Tribes continue to face systemic exclusion in asserting ownership over their traditional knowledge. This paper critically examines the gap between legal rhetoric and actual recognition, highlighting how global intellectual property regimes and national laws often fail to safeguard indigenous communities against exploitation and misappropriation. By engaging with judicial precedents, customary laws, and international conventions such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), the study argues for a paradigm shift from custodianship to ownership. Recognizing Scheduled Tribes as rightful owners of traditional knowledge is essential not only for their socio-economic empowerment but also for preserving biodiversity and cultural sustainability. The paper proposes legal reforms and community-centric frameworks to strengthen protection, ensure benefit-sharing, and secure justice for tribal communities.