Protection of Traditional Knowledge of Indigenous Communities under the Indian Legal Regime: A Socio-Legal Analysis
The protection of Traditional Knowledge (TK) of Indigenous Communities in India is a complex and evolving area of socio-legal concern. Traditional Knowledge encompasses the unique cultural, agricultural, medicinal, and ecological practices developed and preserved by indigenous peoples over generations. Despite its immense value, TK faces significant threats from biopiracy, commercialization, and lack of formal recognition in the intellectual property rights (IPR) regime. This paper critically examines the Indian legal framework aimed at protecting Traditional Knowledge, focusing on key statutes such as the Biological Diversity Act, 2002, and the Protection of Plant Varieties and Farmers' Rights Act, 2001, alongside the establishment of the Traditional Knowledge Digital Library (TKDL). Through a socio-legal lens, the study analyzes how these legal instruments address the challenges of misappropriation, access, benefit-sharing, and community participation, while also highlighting gaps in implementation, enforcement, and awareness. The research emphasizes the need for a balanced approach that integrates customary practices with formal legal mechanisms, ensuring sustainable protection of TK while empowering indigenous communities. Ultimately, this study argues that effective protection of Traditional Knowledge requires comprehensive policy reform, community engagement, and stronger international cooperation to safeguard the cultural heritage and economic rights of indigenous peoples.