Abstract
India folklore includes oral traditions, music, dances, customs and traditional knowledge. It represents the soul of diverse cultural heritage in India. Due to modernization it faces mounting challenges. Globalization, urbanization and inadequate legal protection have led to vulnerabilities like misappropriation and biopiracy. The absence of a comprehensive legal frame work, commercialization without community consent, loss of oral traditional and insufficient documentation are major hurdles in safeguarding folklore today. Additionally, the rise of digital platforms and Artificial intelligence has introduced new ethical and copyright challenges concerning the use of cultural expression. This paper explores the multifaceted issues endangering Indian folklore in the modern context, analysis existing policy and institutional gaps and proposes sustainable solutions. Emphasis on the need for sui-generis legal system, active community participation, fair access, benefits-sharing mechanisms and culturally sensitive preservation strategies. By addressing legal and social- Cultural dimensions, the study highlights a path forward for inclusive and respectful protection Indian’s rich folkloric legacy.
Key words: Folklore, Traditional Knowledge, Modernization and Artificial Intelligence.
Introduction
India is a country with rich cultural diversity, with thousand of communities that have developed rich and distinct traditions over the year. Folklore which includes a wide range of oral traditions, music, dance, customs and traditional knowledge, is at the core of this cultural tapestry. These expressions are not merely artistic or performative; these are living testaments of a community’s history, values, beliefs and interaction with the natural world and the cosmos.[1]Indian folklore represents the soul of the nation’s intangible cultural heritage, shaped by region specific experience and intergenerational transmission.
However, due to modernisation, globalisation and digital development have put India’s folklore under threat. Mass media, economic growth and urbanisation have all contributed to the introduction of new lifestyles that frequently ignore or diminish indigenous cultural forms.[2] Oral traditions and folk practices are becoming diluted as a result of young generations becoming more estranged from their traditional roots, especially in urban areas.
The absence of complete legal protection is one of the most important problems facing India folklore today. Even though India has intellectual property like the Copyright Act, 1957 and Biological Diversity Act, 2002, these frameworks are insufficient to protect folklore which is inherently collective, anonymous and oral transmitted.[3] Unlike literary and musical works protected by copyright law, folklore lacks in distinct, individual author it more difficult to enforce rights and stop misuse. As a result, communities frequently face misappropriation of their cultural expressions. Where folk music (or) rituals are commercially exploited without consent (or) recognition.
Additionally, the biopiracy of traditional biological knowledge and resources has emerged as critical concerns. Several cases, including the famous turmeric and neem patents, highlight how indigenous knowledge systems are vulnerable to exploitation under weak legal safeguards. [4]Compounding these challenges is the insufficient documentation of folklore. Many oral traditions are at risk of disappearing due to lack of structured archiving, absence of community led documentation initiatives, and limited institutional outreach in remote regions.[5]
The digital age and the rise of Artificial intelligence have added new layers of complexity. While digital platform offer unprecedented avenues for dissemination and archiving of folklore, they also raise significant ethical and copyright concerns. Content is often misrepresented (or) uploaded without community consent, and now Artificial intelligence tools now mimic traditional songs (or) art without acknowledging sources communities.[6]This lead to debates over digital ownership, cultural sensitivity and the function of technology in heritage preservation.
Given these multifacted threats, the urgent need for sustainable, inclusive and culturally sensitive strategies to protect India folklore is undeniable. This paper examines the current landscapes of folklore protection in India, analysing existing policy and institutional gaps and proposes a holistic framework involving sui generis legal system active community participation, fair access and benefit-sharing mechanisms, and responsible use of digital tools. By addressing the legal, social and cultural dimensions of folklore protection, the study aims to chart a path forward for India’s intangible heritage in modern era.
[1]Mohan, R. (2012). Folk Traditions of India. Publications Division, Ministry of Information & Broadcasting.
[2]Jain, J. (2010). India’s Intangible Cultural Heritage: Preservation and Transmission.
[3]WIPO (World Intellectual Property Organization). (2001; 2021). Traditional Cultural Expressions and Intellectual Property.
[4]Shiva, V. (2000). Stolen Harvest: The Hijacking of the Global Food Supply. South End Press.
[5]IGNCA (Indira Gandhi National Centre for the Arts). (2020). Documentation Projects.
[6]UNESCO (2022).AI and Cultural Heritage:Ethics and Rights.