This article has been written by Ms. Shruti Verma, a 5th year student of National Law Institute University Bhopal.

INTRODUCTION

Preserving cultural heritage is of paramount importance in maintaining the identity and traditions of a society. In India, dance forms have played an integral role in the country’s cultural fabric, reflecting its rich history and diversity. To protect and promote these unique dance forms, the Indian government has implemented Geographical Indications (GIs) tags, providing legal recognition and ensuring their authenticity. This article explores the significance of GIs in cultural preservation, focusing on two renowned Indian dance forms that have received GI tags: the Thanjavur dancing dolls and the Bhotia folk dance. 

UNDERSTANDING GEOGRAPHICAL INDICATION

Geographical Indications are intellectual property rights that certify the origin and authenticity of products, linking their qualities or reputation to a specific geographic location. GIs protect traditional knowledge, cultural expressions, and unique characteristics associated with products originating from a particular region. By safeguarding these products, GIs ensure economic benefits flow back to the communities that have preserved and developed them.

The international recognition of Geographical Indications (GIs) is outlined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which aims to protect GIs as a form of intellectual property to prevent misleading use and unfair competition.

 In India, the legal framework for GIs is provided by the Geographical Indications of Goods (Registration and Protection) Act, 1999. This legislation establishes the registration and protection procedures for GIs in India, allowing producers from specific geographical areas to obtain exclusive rights to use the GI tag for their products, preventing unauthorized use and misrepresentation.

To obtain GI registration, applicants must demonstrate the specific qualities, characteristics, or reputation of their product attributable to its geographical origin. The Registrar of Geographical Indications examines the application and, if satisfied, grants the GI registration. Once registered, GIs are protected against unauthorized use and imitation, with legal remedies available to the GI right holders in case of infringement.

The legal framework for GIs also provides for the establishment of GI certification bodies and the formation of GI producer associations, which play a crucial role in safeguarding the interests of producers, maintaining quality standards, and promoting the collective reputation of the geographical indication. GIs offer several advantages for producers and regions, providing a distinctive identity and recognition to products, contributing to their marketability, commercial value, and economic development of regions, while also preserving cultural heritage.

 GIs are essential for protecting and promoting regional products and cultural heritage, with the Geographical Indications of Goods (Registration and Protection) Act, 1999 serving as the legal framework for GIs in India, supporting the registration and protection procedures for GIs, and ensuring the preservation of the product’s reputation and origin.  

SIGNIFICANCE OF GEOGRAPHICAL INDICATIONS IN CULTURAL PRESERVATION

Obtaining Geographical Indication (GI) protection for Indian dance forms can significantly contribute to the preservation and promotion of these rich cultural traditions. By securing GI status, these dance forms can preserve their distinctiveness by highlighting their unique historical, social, and cultural significance. This protection ensures that the knowledge and techniques associated with each dance form are passed down to future generations, safeguarding their authenticity and traditional roots.

Furthermore, GI protection can play a pivotal role in ensuring the continued practice and evolution of these dance forms. It can help in maintaining the integrity and standards of training, performance, and representation, preventing misappropriation and unauthorized use. This not only sustains the art forms but also encourages continuous innovation and development within the boundaries of tradition and authenticity.

In addition to preserving the essence of these dances, GI protection can also bring attention to the communities and regions that have nurtured and enriched these art forms. This recognition can potentially stimulate cultural tourism, encourage the local economy, and create opportunities for the practitioners and stakeholders associated with these dance forms.

Overall, GI protection can serve as a mechanism for safeguarding the diverse dance forms of India, ensuring their continued cultural significance, and promoting their sustained practice, evolution, and contribution to the country’s cultural heritage.  

Dance forms are an integral part of India’s cultural heritage, reflecting the country’s diverse traditions, customs, and beliefs. From classical dance forms like Bharatanatyam, Kathak, Odissi, and Kathakali to regional folk dances like Bhangra, Garba, and Lavani, each dance form represents a unique expression of the community that nurtures it. By obtaining GI protection, these dance forms can preserve their distinctiveness, pass on traditional knowledge to future generations, and ensure their continued practice and evolution.

SAFEGUARDING CULTURE HERITAGE

GIs serve as a means to safeguard India’s cultural heritage, protecting it from misappropriation and imitation. By certifying the authenticity of dance forms, GIs prevent unauthorized use of the name and ensure that consumers can trust the quality and origin of the performances. This safeguarding promotes the continued practice and development of these dance forms, allowing them to thrive and evolve within their cultural context.

Famous Indian Dance Forms with GI Tags

• Bhotia Folk Dance

The Bhotia folk dance is a traditional dance form performed by the Bhotia tribe in the high-altitude regions of Uttarakhand. This dance form, unique to the Bhotia community, has also received a GI tag, recognizing its cultural importance and distinctiveness. This traditional dance form has been preserved for centuries without any changes to its steps. According to local beliefs, the souls of deceased individuals become trapped in the bodies of goats and sheep in the Bhotiya region, and performing this dance is believed to help liberate these souls. The dance forms “Dhurang” and “Dhuring” are specific to the Bhotiya tribes in Uttarakhand and are performed during death ceremonies and funerals. Similar dance styles are also present among tribes in Himachal Pradesh and Nagaland.  

• Purulia’s Mask for Chhau dance

The Chhau dance, a traditional art form from Bengal, has received a Geographical Indication (GI) tag. This tag recognizes the unique nature of goods produced in a specific geographical area. The Chhau dance, particularly the masks used in the performance, has gained recognition, signifying the skill and artistry of the artists from Charida village of Baghmundi. The historical significance of the Chhau mask’s evolution, from the use of bird feathers to the present combination of paper, clay, and cloth, highlights the traditional craftsmanship involved. This recognition is a significant achievement for the artists and is expected to help sustain the Chhau industry.  

• Thanjavur Dancing Dolls

The dancing dolls of Thanjavur, also known as thalai aatti bommai, have been granted the Geographical Indication (GI) mark by the Government of India. This GI registration acknowledges the dolls’ unique geographical origin in the Thanjavur region. Only the authentic Raja-Rani pair, standing on a curved pedestal, can be referred to as the “dancing dolls of Thanjavur” from now on. The GI registration ensures legal protection, allowing the registered proprietor and authorized users exclusive rights to the GI and relief in case of infringement. The registration recognizes the unique production method and attributes the dolls to the skills of artisans in and around Thanjavur, emphasizing the alluvial soil and clay available on the banks of the river Cauvery as enhancing the dolls’ uniqueness. Additionally, artisans can now register themselves with the Chamber to become GI-recognized craftsmen, which includes inspection by internal and external experts to audit the quality of the dolls in line with the culturally rich tradition of Thanjavur.  

THE ROLE OF GI’S IN PRESERVING CULTURE HERITAGE

• Unique Characteristics of Indian Dance Forms

Indian dance forms exhibit a myriad of unique characteristics that are deeply intertwined with their cultural heritage. Each dance form has distinct styles, movements, gestures, and musical accompaniments that reflect the traditions and customs of the regions from which they originate. GIs play a crucial role in preserving and promoting these unique characteristics, ensuring that the cultural significance of the dance forms is recognized and protected.

• Socio-Economic Impact of GIs on Artisans and Communities

Geographical Indications have a significant socio-economic impact on dance forms in India. By obtaining GI protection, the dance forms gain recognition, visibility, and marketability, leading to increased opportunities for the artists and communities involved. This, in turn, contributes to the preservation and promotion of these cultural practices.

One of the key benefits of GI protection is the economic empowerment of the artists. By safeguarding the authenticity and quality of the dance forms, GI protection helps create a market niche for these performances. This leads to increased demand for performances, both within India and internationally, providing economic opportunities for the artists and communities. It also encourages the transmission of traditional knowledge and skills from one generation to the next, ensuring the continuity of these dance forms.

Furthermore, GI protection contributes to the cultural tourism industry, attracting visitors who are interested in experiencing the richness and diversity of India’s dance traditions. This not only generates revenue for the local communities but also promotes cross-cultural exchange and understanding.

Additionally, GI protection encourages innovation within the dance forms themselves. While preserving the traditional techniques and repertoire, artists are also inspired to explore new ways of expression, blending the old with the new. This helps in the evolution and relevance of the dance forms in contemporary contexts, ensuring their continued vitality.

THE GEOGRAPHICAL INDICATIONS IN INDIA: LEGAL FRAMEWORK

The Geographical Indications of Goods (Registration and Protection) Act, 1999, forms the legal framework for GIs in India. This Act provides for the registration and protection of GIs, ensuring the preservation of traditional knowledge and cultural heritage. The Geographical Indications Registry, under the jurisdiction of the Controller General of Patents, Designs & Trademarks, plays a crucial role in managing the registration and safeguarding of GIs. This registry ensures the effective enforcement of GI protection and promotes the cultural and economic value of Indian dance forms.

PRESERVATION OF TRADITIONAL DANCE FORMS

Dance forms are an essential part of India’s cultural heritage, with each region boasting its unique traditions and styles. GIs play a vital role in preserving these traditional dance forms by recognizing their origin and distinctiveness. This recognition not only protects the art form but also ensures that the cultural knowledge and skills associated with it are passed down through generations. GIs provide a platform for artisans and performers to showcase their talent and contribute to the preservation of India’s diverse dance heritage.

The preservation and promotion of India’s diverse dance forms through Geographical Indication (GI) protection can be further enhanced through the following strategies:

1. 1. Documentation and Preservation of Traditional Knowledge: Encouraging the documentation of dance traditions, including their historical significance, unique techniques, musical accompaniment, and costumes. Creating comprehensive archives of these dance forms can help in preserving traditional knowledge for future generations.
2. Education and Training Programs: Supporting educational initiatives aimed at teaching and training individuals in traditional dance forms. Establishing academies, workshops, and cultural exchange programs can help in passing down the skills and techniques associated with these dance forms and ensuring their continuation.
3. 3. Community Involvement and Recognition: Involving local communities in the promotion and preservation of their traditional dance forms. Recognizing the contribution of dance practitioners, choreographers, musicians, and costume designers within their communities can foster a sense of pride and ownership, encouraging them to continue nurturing and evolving these art forms.
4. Cultural Exchange and Collaboration: Facilitating cultural exchange programs and collaborations between practitioners of different dance forms and regions. This can lead to the enrichment of traditions through the sharing of techniques, choreography, and artistic interpretations.
5. Promotion and Marketing: Utilizing the GI status to promote these dance forms both domestically and internationally. Organizing festivals, performances, and exhibitions dedicated to showcasing the diversity and beauty of Indian dance forms can create a wider appreciation and audience for these art forms.
6. 6. Legal Protection and Support: Ensuring effective legal support and protection for the GI status of these dance forms, including measures to prevent misappropriation and unauthorized use. This can also involve advocating for intellectual property rights and fair compensation for the practitioners of these dance forms.

By implementing these suggestions, the cultural significance and unique heritage of India’s traditional dance forms can be effectively preserved, celebrated, and passed on to future generations.  

CHALLENGES AND FUTURE PROSPECTS

Despite the numerous benefits of Geographical Indications for dance forms, there are several challenges that need to be addressed. One of the challenges is the need for awareness and understanding of the GI system among artists, communities, and the general public. Many artists may not be aware of the potential benefits of GI protection or may face challenges in navigating the complex registration process. Efforts should be made to educate and empower artists, ensuring that they can access the benefits of GI protection.

Another challenge is the need for effective enforcement mechanisms to prevent the unauthorized use or dilution of the protected dance forms. This requires strong legal frameworks and collaborations between government agencies, cultural organizations, and the artists themselves. Regular monitoring and evaluation of the GI-protected dance forms can help identify and address any issues related to quality control, misappropriation, or infringement.

Looking ahead, there are promising prospects for the continued growth and recognition of dance forms through Geographical Indications. As more dance forms obtain GI protection, India’s cultural heritage will be further celebrated and preserved. The recognition and economic opportunities provided by GI protection can contribute to the sustainability and vitality of these dance forms, ensuring their continued practice and evolution in the years to come.

CONCLUSION

Geographical Indications play a vital role in cultural preservation by protecting traditional dance forms and safeguarding India’s rich cultural heritage. The GI tags awarded to the Thanjavur dancing dolls, Bhotia folk dance, and Bhotiya Dann hand-knotted carpets highlight the diverse range of art forms protected under the GI system. These dance forms possess unique characteristics deeply rooted in their place of origin, reflecting the traditions and customs of their respective regions. By recognizing and protecting these dance forms, GIs contribute to the preservation, promotion, and economic empowerment of artisans and communities associated with India’s vibrant dance heritage.

REFERENCES

• The article, Geographical Indications and Cultural Protection in India: Harnessing Intellectual Property for Regional Development was originally written by Ganesh Makum and the link for the same is herein https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4490648.
• The article, Magnificent Masks of Chhau: Tradition, Technique and Transformations was originally written by Smriti Malhotra and the link for the same is herein https://abirpothi.com/magnificent-masks-of-chhau-tradition-technique-and-transformations/
• The article, G.I. Tags in India: Preserving Cultural Heritage and Promoting Economic Growth was originally written by Deepankar Singhal and the link for the same is herein https://www.successmantra.in/blog/g-i–tags-in-india
• The article, Bhotiya Folk Dance Gets GI Tag was originally written by Veronica and the link for the same is herein https://www.studyiq.com/articles/bhotiya-folk-dance-gets-gi-tag-free-pdf/.
• The article,Geographical Indications (GI Tag): A Key to Unlocking Market Value and Preserving Cultural Heritage was originally written by Mohit Chordiya and the link for the same is herein https://in.linkedin.com/in/mohit-chordiya-756165122?trk=article-ssr-frontend-pulse_publisher-author-card
• The article, My Native Treasures: Thanjavur Dancing Dolls was originally written by Jayashree Krishnan and the link for the same is herein https://indiacurrents.com/my-native-treasures-thanjavur-dancing-dolls/