Open Access Research Article
GLOBALIZATION- SOCIO AND LEGAL THREAT TO THE INDIGENEITY OF HIMALAYAN NATIVE
Published Paper
Article Details
GLOBALIZATION- SOCIO AND LEGAL
THREAT TO THE INDIGENEITY OF HIMALAYAN NATIVE
AUTHORED BY - NABAMITA PURKAYASTHA
& HARSH VARDHAN SINGH
Abstract
Indigeneity refers to the life-style of a certain
people who are natives of a particular region. They are also identified as a
geo- cultural category. People of the Sub- Himalayan region is a case in point.
Globalization as everywhere, has significantly affected the indigeneity of
Himalayans. However, Himalayan indigenous population seeks to maintain and
preserve traditional social norms. As globalization has transformed the
traditional social world, Himalayan indigenous population too feels the
pressure of global modernity. However, they have chosen to resist the modernity
by exploring the possibilities of indigenous life.
This paper reflects into the
indigeneity of pressure of modernity and resistance to modernity of the sub-
Himalayan natives along with the analysis of Kumaon region of Uttarakhand. It
is a comprehensive overview on how Himalayan natives with contemporary study of
Kumaon region of Uttarakhand are resisting globalization with a desire to get
back to indigeneity as well as on traditional norms of Himalayan with changes
happening around them and making Himalayan indigenous population to resist
globalization.
Part I of this article deals with the
theories of Indigeneity and its relation with Himalayan population. Part II
discuss the detail observation of traditional norms of Himalayan population and
sub- Himalayan natives of the Kumaon region of Uttarakhand. Part III examines
the pressure of global modernity over Himalayan. Part IV deals with the legal
impact of Globalization on the indigenous life of Himalayan population. Whereas
Part V concludes the way they have chosen to resist the modernity.
Keywords:
Indigenous, traditional knowledge, agriculture, culture, environment,
globalization, modernity, climate change, resistance, environment issues
Theories of Indigeneity and its relation with
Himalayan population
Indigenous people are inhabitants of
certain geographical area who shares common culture, specific food habits,
lifestyles. They have a specific and diverse cultures and identity. Indigenous
people enrich their identity from time immemorial before the rising of nation
states and politically they exercise self-government to regulate their
community in a proper manner. But with the rise of globalization it tends to
make indigenous peoples work within its framework. They believe in
self-government, land and cultural autonomy. Indigenous people’s knowledge,
conservation beliefs and values, environmentally adaptive and sensitive land
use, resource management practices and determined defence of territory and
natural resource have enabled many of them to inhabit their homelands for
centuries without devastating their ecosystems and biodiversity[1].
For Himalayan Indigenous population nature and everything in connected with
nature is sacred. It can be sacred places, forest, mountains, springs, rivers,
lakes, caves and other areas. They follow traditions of honouring and
respecting such sacred things on a larger scale along with their cultural
knowledge and values, customary systems[2].
They are the original and oldest surviving inhabitants of an area, in a
traditional homeland for many generations. Their sense of belongingness among
themselves as well as their homeland remains in a very strong manner, which
embody their identity. Their practices basically rely on their local resources
which is traditionally imbibed among themselves which make them special. The
Himalayas has its natural beauty which attracts tourists and is rich in flora
and fauna. It is situated in Indo- Gangetic plain of North India which covers
Jammu and Kashmir, Himachal Pradesh, Uttarakhand to part of North- East which
include Nepal, Tibet and Bhutan, where it serves as home to various indigenous
community, tribes, practice their own traditions, norms and values and customs[3].
Traditional norms of Himalayan population and sub-
Himalayan natives of the Kumaon region of Uttarakhand
The Central Himalayan region of India
are located the states of Uttarakhand and Himachal Pradesh, where important
valleys are Garhwal and Kumaon. It is very interesting to see that each
community has its own socio- cultural method, which they follow since time
immemorial and tackle all challenges of life, which makes them unique from rest
of the world. Somewhere, this distinct cultures are similar to one another and
it is an important identity that they still preserve their centuries old-
knowledge. Another significant part is the dwellers of Himalayan are nature-
dependent, which can be experienced after exploring those places. With regard
to their traditional knowledge which is enrich in medicine, architecture and
agriculture as well horticulture, forestry are spreads across world which
attracts archaeologists, scientists to discover. In terms of occupation they
can be categorised as nomadic and pastoralists as well as farmers, depending on
their specific location and agro- climatic conditions. Their main survival occupation
is agriculture and animal husbandry.
In case of socio- culture it is quite
conservative. Women’s are engage in gathering fuelwood, farming and cooking
while men are responsible for trade activities, managing agriculture and animal
herds.
Sub- Himalayan natives of Kumaon
region depends on agriculture as a means of survival, which is one of the major
occupations. The cultivated land is mainly divided into three categories i.e.
Katil means land of forest edges, Upraon means Land of hill sides and Talaon
means land of valley bottom. Their traditional agriculture system which they
used to practice was mixed cropping of species with complementary requirement,
depending on climate and soil condition and use of less inputs of fertilizer
but modern agriculture is change they believe in high fertilizers and
irrigation. Their farming system is quite scientific and also they practice
shift cultivation. It is believed that inhabitants of Kumaon are the
descendants of Indo- Aryans and Indo- Iranians and have inherited a mixed food
culture which is based on seasonal ingredients[4].
They practice their traditional
knowledge in medicines. They have their own way to cure and treat any disease
or infection with herbal medicines. Almost all poor families depend on traditional
medical plants due to lack of medical facilities in rural areas.
With respect to cultures Kumauni’s
are fond of music, folk dance and songs accompanied by local musical
instruments. During celebrating any festivals, they visit one place to another
place singing and narrating the praise of their god and goddesses. During fairs
and festivals at the time of harvest they celebrate their occasion in the form
of folk dance like Malushahi, Bair. With regard to marriage, it is simple, they
do not follow dowry but family background is important[5].
Pressure of global modernity or Globalization over
Himalayan
With the pressure of global modernity
there has been some changes in the traditional lifestyles of Himalayan.
Modernisation has affected their social and cultural system in both positive as
well as negative way. Improvement in transportation system and communication in
recent years has led to increase in trade and tourism, which has become the
source of development. It led to improve their source of income. However, it
creates much imbalance in their traditional lifestyle with modernity. Another
impact over there is, an air pollution caused by vehicles which increases in
the peak tourist season. Due to increase in tourist activities it has resulted
overuse of water resources, which led to scarcity in some areas of Himalaya.
Another issue is noise pollution due to tourist engagement activities. The
impact of globalization is somewhere developing their lifestyle in much more
advance and easier to carry out whereas it also affecting their indigeneity.
The traditional pattern of
agriculture practice is change with impact of modernity in Kumaon region. High
input technologies in agriculture has increased the agriculture production, but
there are serious effects on environment. For the promotion of their modern
agriculture, they are ignoring traditional practices, operating low external
inputs, which is one of the indigenous knowledge acquired by the local people
through past experience. Moreover, problem of poor production system which is
unable to meet the present requirement of the farmers in terms of production
and also pressure of modernity, the new generation is losing interest in
agriculture occupation. Now crop diversity also declined due to changes in
ecosystem, over harvesting, land degradation. Farmers are only concentrating on
commercial demand crops, whereas, it has replaced traditional crop by high
yield varieties. Although, pressure of modernity also made changes in food
habit of local people. Construction of multipurpose dams and road has effected
in environment very badly.
Pressure of modernity also led to
climate change, which affected bird population. Bees and butterflies are
considered to be an indicators of ecosystem change and use for predicting environmental
and seasonal changes. Similarly, the habitat of the bees is change due to rise
in temperature and growth of modern infrastructure and use of insecticides. It
had a huge impact in flora and fauna[6].
Their life is based on forestry, agriculture, medicinal plants and all
traditional knowledge’s are vanishing. Inhabitants innocently disclose their
ideas of using all medicinal herbs to outsiders and they steal their ideas and
get patent. With national park and other protected areas attempting to change
inhabitants of Kumaon, for which they are losing their identities. Their
traditional concept of oneness with nature is getting vanished.
Migration is also affecting the
indigeneity of Himalayan. The young men prefer to move metropolitan or nearby
cities for employment and better livelihood. They face tough livelihood and
working condition and send back money to their families. Migration makes
absence of belongingness. Globalization creates free flow of goods and services
and movement of labour which can be seen in the changing pattern of Himalayan
dwellers. And they are losing their traditional knowledge. Food and additional
sources of income has created durable exchange across Himalayan region[7].
Legal Impact of Globalization on Indigenous
population of Himalaya:
Entire Himalayan region is a
biodiversity hotspot. The herbal, organic and ethnic product is the natural
resources of the region. It could be used as a medicinal product which is an
advantage for the mountainous community. However, the major threat is to
preserve the Traditional Knowledge and intellectual resources of the community
from the commercial usage by agencies or MNCs.
The legal
impact on traditional knowledge in the Himalayas, as in many other regions
around the world, is a complex and evolving issue.[8]
Traditional knowledge (TK) refers to the knowledge, innovations, and practices
of indigenous and local communities that have been developed over generations
and passed down orally or through other traditional means.[9] In
the context of the Himalayas, this knowledge encompasses a wide range of
subjects, including traditional medicine, agriculture, biodiversity
conservation, and cultural practices.
Here are
some key legal considerations and impacts on traditional knowledge in the
Himalayas:
Intellectual Property Rights (IPR): One of
the primary legal issues related to traditional knowledge is the protection of
this knowledge through intellectual property rights. Some communities in the
Himalayas have sought to protect their traditional knowledge through patents,
copyrights, or trademarks.[10]
However, this can be a contentious issue, as it raises questions about the
ownership of collective knowledge and the potential for bio- piracy,[11]
where outsiders exploit traditional knowledge for profit without benefitting
the communities that hold it.
Access and Benefit-Sharing (ABS) Agreements: In
response to concerns about bio-piracy and the exploitation of traditional
knowledge, there have been efforts to establish ABS agreements. These
agreements aim to ensure that communities that hold traditional knowledge
receive fair and equitable benefits when their knowledge is used for commercial
purposes, such as in the development of pharmaceuticals or agricultural
products.[12]
National and International Laws: Various
national and international laws impact traditional knowledge in the Himalayas.
For example, the Convention on Biological Diversity (CBD) includes provisions
on ABS and the protection of traditional knowledge. Additionally, some
countries in the region have enacted specific laws and policies to protect and
promote traditional knowledge.[13]
Cultural and Environmental Conservation:
Traditional knowledge in the Himalayas often plays a crucial role in
biodiversity conservation and sustainable resource management. Legal frameworks
that promote environmental conservation can indirectly support the preservation
of traditional knowledge by protecting the ecosystems and practices that are
intertwined with it.
Indigenous and Local Rights: Efforts
have been made to recognize the rights of indigenous and local communities in
the Himalayas to their traditional knowledge and cultural heritage. Some
countries in the region have established laws and mechanisms for the protection
of these rights.[14]
Challenges and Conflicts: Despite
legal efforts to protect traditional knowledge, there are still challenges and
conflicts. These may include disputes over ownership and benefit-sharing,
inadequate legal frameworks, and the encroachment of modern practices and
technologies that threaten traditional knowledge systems.
Ethical Considerations: Beyond
legal frameworks, there are ethical considerations regarding the use of
traditional knowledge. Many argue that respecting and preserving traditional
knowledge is not just a legal obligation but a moral one, rooted in principles
of cultural diversity, human rights, and social justice.
There are
some examples of case laws and legal developments related to traditional
knowledge and its impact on the Himalayas up to that point. The legal landscape
may have evolved based on the latest information. Here are a few notable cases
and legal developments:
1.
Neem and
Basmati Patents Case (1995-2000): This case revolved around the
grant of patents by the United States Patent and Trademark Office (USPTO) to
companies for neem and basmati rice, both of which are traditional crops in
India and the Himalayan region. The patents were eventually challenged, and in
2000, the USPTO revoked the patents following protests and legal actions by
India and various advocacy groups.[15]
2.
Turmeric
Patent Case (1995-1997): Another case involving the grant of patents by the
USPTO, this time for the medicinal properties of turmeric. Traditional
knowledge holders in India contested the patent, leading to its eventual
withdrawal.
3.
Biodiversity
Act of India (2002): Although not a case, the Biological Diversity Act of
India is a significant legal development that impacts traditional knowledge in
the Himalayan region. The act aims to regulate access to biological resources
and associated traditional knowledge, ensuring equitable benefit-sharing for
communities.
4.
Land Rights
and Indigenous Rights: Indigenous and local communities in the Himalayas
have historically used traditional knowledge to manage their lands and
resources. Cases related to land rights, displacement due to development
projects, and indigenous rights may involve arguments and legal actions
centered around the preservation and recognition of traditional knowledge.
5.
Convention
on Biological Diversity (CBD): While not a case, the CBD is an
international treaty that has implications for the Himalayas and the protection
of traditional knowledge associated with biodiversity. The Nagoya Protocol, a
supplementary agreement to the CBD, specifically addresses access and
benefit-sharing related to genetic resources and traditional knowledge.
6.
Community
Forest Rights in India: While not specific to the Himalayas, the recognition
of community forest rights in India has implications for traditional knowledge
in forest-dependent communities across the country, including the Himalayan
region. The Forest Rights Act of 2006 aims to empower local communities and
recognize their traditional knowledge in forest management.
7.
Geographical
Indications (GIs): Various products from the Himalayan region, such as
Darjeeling tea and Himachal Pradesh apples, have been granted Geographical
Indication status in India. These GIs protect the traditional knowledge and
reputation associated with these products.
These
cases and legal developments represent efforts to protect traditional knowledge
in the Himalayan region and prevent its misappropriation. However, challenges
remain in effectively implementing and enforcing these legal measures and in
addressing issues of biopiracy and equitable benefit-sharing.
In
summary, the legal impact on traditional knowledge in the Himalayas is
multifaceted and involves a combination of international agreements, national
laws, and community-level initiatives. While legal frameworks can play a role
in protecting and promoting traditional knowledge, there are ongoing challenges
and debates about how to strike the right balance between protecting
traditional knowledge and facilitating its responsible use for the benefit of
all stakeholders.
As
globalization brings increased economic activity, infrastructure development,
and resource extraction to the Himalayas, the enforcement of environmental laws
becomes essential to protect the fragile ecosystem and ensure sustainable
development. Here are some key legal impacts of environmental laws on the
Himalayas in the context of globalization:[16]
Climate
Change Mitigation: The Himalayan region is particularly vulnerable
to climate change impacts. Environmental laws that address greenhouse gas
emissions, renewable energy, and climate adaptation measures are critical for
mitigating the effects of global climate change in the region.
International
Trade and Conservation: Some environmental laws and agreements
regulate the international trade of wildlife and plant species found in the
Himalayas. These laws aim to prevent illegal wildlife trafficking and protect
endangered species.
Transboundary
Cooperation: The Himalayas span multiple countries, and
environmental issues often cross borders. Legal frameworks for transboundary
cooperation are crucial for addressing issues like pollution, water resource
management, and conservation that affect multiple nations.
Conclusion: Resistance to Globalization:
The Himalayan region's natives are
increasingly beginning to understand the effects of globalization. Natural
resources, culture, and traditional farming knowledge are all disappearing. The
impact of multipurpose initiatives and technologies is distancing people from
their sense of self. Throughout the Himalayan range, protests in various forms
were sparked by the pressure of modernity such as demonstrations against
hydropower and dam development projects, as well as international firms' patent
rights over Himalayan vegetation. They have somewhere realised the difference
between local and global, how to protect their selfhood from external force.
The Himalayan protest movement now became a part of political debates and
conference. It shows globalization cannot be a one-way process[17].
Movements also focused on protecting minority cultures, local languages and
religions. NGOs, political parties and media are taking active part to protect
their indigeneity. With pace of development they are accepting the modernity
but on other side they are resisting external intrusion[18].
With the analytical study of
traditional norms and values of indigenous population of Himalayas as well as
contemporary study of Kumaon culture we can infer that how they were engaged in
traditional culture but with the pressure of globalization they lose their
indigeneity and brought down their traditional knowledge and became a part of
modern global village which created a huge generation gap. This rich
intellectual heritage has frittered away, either by small or multinational
agencies. Capitalist market has negative impact on indigenous culture and on
the production of their artistic work. Indigenous craft has declined and people
of Himalayas became the puppets of modern global village. But after realizing
that they are existing and working in the framework of globalization and felt
the pressure of modernity they started resisting globalization by contributing
to maintain relationship with external actors for protecting their indigeneity
by aiming on some projects to implement in a well manner.
In conclusion, globalization has both
positive and negative impacts on Himalayan native communities, and their
responses to this phenomenon are complex and multifaceted. While some Himalayan
natives may embrace certain aspects of globalization for economic
opportunities, technological advancements, and cultural exchange, many also
resist it to protect their traditional way of life, cultural heritage, and the
fragile Himalayan ecosystem. Their resistance takes various forms, including
the preservation of culture and traditions, protection of land and resources,
political activism, promotion of local industries, education and awareness,
legal actions, and resistance to consumerism.
The Himalayan region's rich diversity
means that the responses to globalization vary among different communities,
reflecting their unique histories, values, and priorities. However, it is
crucial to acknowledge that these responses are often driven by a deep desire
to maintain their identity, autonomy, and the sustainable relationship they
have with their environment.
As globalization continues to evolve,
it is essential to consider the perspectives and interests of Himalayan natives
and other indigenous communities worldwide. Sustainable development, cultural
preservation, and environmental protection should be prioritized in order to
ensure that the benefits of globalization are shared equitably and that the
unique contributions of these communities to our global cultural and ecological
heritage are safeguarded.
[1] Rizwana Aleem Quereshi and Gilani,
Zaheer Yousaf, ‘Indigenous Medicinal plants used by Local Women In Southern
Himalayan Regions Of Pakistan’( 2009) Pak. J. Bot 41(1)< http://www.pakbs.org/pjbot/PDFs/41(1)/PJB41(1)019.pdf>
[2] Robert F.
Schroeder, ‘Himalayan Subsistence Systems: Indigenous Agriculture in Rural
Nepal’ (2017) 14 International Mountain Society< http://www.jstor.org/stable/3673221>
[3] Sanjoy Hazarika and Reshmi
Banerjee, ‘Gender, Poverty and Livelihood in the Eastern Himalaya’< https://books.google.co.in/books>
[4] C P Joshi and B B Singh,
‘Indigenous Agricultural Knowledge in Kumaon Hills of Uttaranchal’(2006) 19,24
Vol 5(1) Indian Journal of Traditional Knowledge< http://www.niscair.res.in/sciencecommunication/researchjournals/rejour/ijtk/Fulltextsearch/2006/January%202006/IJTK-Vol%205(1)-January%202006-pp%2019-24.htm>
[5] Marie Lecomte- Tilounie, ‘ Nature,
Culture and Religion at the Crossroads of Asia’ https://books.google.co.in/books?id=OlsvDwAAQBAJ&pg=PT126&lpg=PT126&dq=kumaon+indigenous+and+modernity+impact&source
[6] Piyoosh Rautela and Bhavna Karki,
‘Impact of Climate Change on Life and Livelihood of Indigenous People of Higher
Himalaya in Uttarakhand, India’(2015) Vol 3, No.4, 112- 124 American Journal of
Environment Protectionhttp://gbpihedenvis.nic.in/PDFs/Disaster%20Data/Disaster%20Data%20Uttarakhand/Papers/Impact_of_Climate_Change.pdf
[7] Parul Rani and Nagendra Kumar,
‘Man- Eaters of Kumaon: a Critique of Modernity’(2017) Vol.IX, No.1, Rupkatha
Journal on Interdisciplinary Studies in Humanitieshttps://dx.doi.org/10.21659/rupkatha.v9n1.21
[8] Ghanshyam Sharma and Bharat K.
Pradhan, ‘Traditional Knowledge and Access and Benefit Sharing in the context
of Himalayan States’ (2002) ISBN: 978-3-031-16185-8
[9] Ulia Popova, ‘Conservation,
Traditional Knowledge, and Indigenous Peoples’ 2013 Volume 58 Issue 1, Sage
Journal https://doi.org/10.1177/0002764213495043
[10] Gunvi Rattra,’Indigenous
Intellectual Property Rights’ Legal Service India E Journal
[11] Deepthi Rodda, ‘Biopiracy Analysis
of Existing International and Indian Legal Framework’(2020) Volume III, Issue
II International Journal of Law, Management And Humanities
[12] Gurdial Singh Nijar, ‘The Nagoya
Protocol on Access and Benefit Sharing of Genetic Resources: Analysis and
Implementation Options for Developing Countries’(2011) South Centre
[13] Stephen B. Brush, ‘Indigenous
Knowledge of Biological Resources, and Intellectual Property Rights: The Role
of Anthropology’ (1993)653 95 American Anthropologist
[14] Adarsh Kishore, ‘Towards an Indian
Approach to Globalization’(2020) Manupatra
[15]
Ayushman Sagar, ‘INTELLECTUAL
PROPERTY LAW TRADITIONAL KNOWLEDGE & PATENT ISSUES: With reference to
Turmeric, Neem & Basmati Rice’(2021) Manupatra
[16] Shaila Seshia Galvin, ‘Becoming
Organic: Nature and Agriculture in the Indian Himalaya’
https://books.google.co.in/books?id=F98mEAAAQBAJ&lpg=PA278&ots=-v46n_i1DG&dq=globalization%20and%20legal%20impact%20in%20himalaya%20region&pg=PA260#v=onepage&q=globalization%20and%20legal%20impact%20in%20himalaya%20region&f=false
[17] Payal Arora, ‘Dot Com Mantra:
Social Computing in the Central Himalayas’(2016) 206 https://books.google.co.in/books?id=0f4oDAAAQBAJ&dq=kumaon+indigenous+and+modernity+impact
[18] Gerard Toffin and Joanna Plaff-
Czarnecka, ‘Facing Globalization in the Himalayas: Belonging and the Politics
of the Self’ (2014)484 Sage Publications Indiahttps://books.google.co.in/books?id=1Ho6BAAAQBAJ&dq=globalization+impact+on+Himalayan+indigenous&source=gbs_navlinks_s
Article Information
GLOBALIZATION- SOCIO AND LEGAL THREAT TO THE INDIGENEITY OF HIMALAYAN NATIVE
Authors: NABAMITA PURKAYASTHA, HARSH VARDHAN SINGH
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/09/22
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.