Proceedings of the International Conference on Law and Technology (ICLT 2025)

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Community Rights and Benefit Sharing of Folklore in India: A Critical Legal Study

Authors
Upankar Chutia1, Ananya Mandal2, *, Gyanashree Dutta3
1Associate Professor, School of Law, Dayananda Sagar University (DSU), Bengaluru, Karnataka, India
2Ph.D. Scholar, Alliance School of Law, Alliance University, Bengaluru, Karnataka, India
3Associate Professor, School of Law, Dayananda Sagar University (DSU), Bengaluru, Karnataka, India
*Corresponding author. Email: mananyaPHD724@law.alliance.edu.in
Corresponding Author
Ananya Mandal
Available Online 26 December 2025.
DOI
10.2991/978-2-38476-515-7_13How to use a DOI?
Keywords
Benefit-sharing; Community rights; Folklore protection; Indigenous knowledge; Traditional cultural expressions
Abstract

The development of community identity in India, based on common geographic location, occupational affinities, and cultural habits, has given rise to rich systems of folklore and traditional knowledge transmission. The study particularly engages the inherent conflict between traditional knowledge preservation practices and modern formal legal regimes, exploring how this tension influences the rights and economic interests of indigenous peoples. The research critically analyzes several legislative tools, such as the Traditional Knowledge Digital Library program, the Protection of Traditional Knowledge Bill, and state-level laws on folklore protection. The research explores how the aggregative character of society impacts the legal frameworks necessary for protecting traditional knowledge, traditional cultural expressions and community rights. The report emphasizes the necessity of building legal frameworks that balance respect for the dynamic character of cultural evolution with fair remuneration for traditional knowledge guardians.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law and Technology (ICLT 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
26 December 2025
ISBN
978-2-38476-515-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-515-7_13How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Upankar Chutia
AU  - Ananya Mandal
AU  - Gyanashree Dutta
PY  - 2025
DA  - 2025/12/26
TI  - Community Rights and Benefit Sharing of Folklore in India: A Critical Legal Study
BT  - Proceedings of the International Conference on Law and Technology (ICLT 2025)
PB  - Atlantis Press
SP  - 133
EP  - 144
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-515-7_13
DO  - 10.2991/978-2-38476-515-7_13
ID  - Chutia2025
ER  -