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Title: :  Living Knowledge, Living Law: Safeguarding Traditional Knowledge and Customary Practices within Plural Legal Frameworks
PaperId: :  27676
Published in:   International Journal Of Advance Research And Innovative Ideas In Education
Publisher:   IJARIIE
e-ISSN:   2395-4396
Volume/Issue:    Volume 11 Issue 6 2025
DUI:    16.0415/IJARIIE-27676
Licence: :   IJARIIE is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Author NameAuthor Institute
Dravyesh Narayan PathakInstitute of Legal Studies, Shri Ramswaroop Memorial University
Prof. (Dr) Rohit P. ShabranInstitute of Legal Studies, Shri Ramswaroop Memorial University

Abstract

Law
Access to benefit sharing, customary law, traditional Knowledge, WIPO
Traditional Knowledge (TK) and customary practices form the living foundation of indigenous and local communities, carrying generations of wisdom about healing, farming, and caring for the environment. This chapter explores how these community-based systems of knowledge and ethics interact with modern legal frameworks—both internationally and in India. While global agreements like the Convention on Biological Diversity (CBD), the Nagoya Protocol, and WIPO initiatives have recognized the value of TK, they often remain limited by bureaucratic and state-centric approaches. In India, laws such as the Biological Diversity Act (2002) and the Forest Rights Act (2006), along with efforts like the Traditional Knowledge Digital Library (TKDL), have advanced TK protection but sometimes reduce living traditions to static records. Real-life examples, such as the Kani–Jeevani benefit-sharing case and the Niyamgiri Hills judgment, show that customary law continues to shape fair and sustainable governance at the community level. This paper argues that protecting traditional knowledge is not only a legal task but a moral and cultural one. TK should be seen as a living, evolving system—rooted in relationships between people, nature, and spirit—not as data to be archived or commercialized. True protection requires laws that respect community authority, uphold free and informed consent, and value the intergenerational ethics that sustain these knowledge systems. In essence, this paper calls for a more humane and pluralistic approach—one that allows indigenous wisdom to thrive on its own terms while enriching the shared future of humanity.

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IJARIIE Dravyesh Narayan Pathak, and Prof. (Dr) Rohit P. Shabran. "Living Knowledge, Living Law: Safeguarding Traditional Knowledge and Customary Practices within Plural Legal Frameworks" International Journal Of Advance Research And Innovative Ideas In Education Volume 11 Issue 6 2025 Page 442-450
MLA Dravyesh Narayan Pathak, and Prof. (Dr) Rohit P. Shabran. "Living Knowledge, Living Law: Safeguarding Traditional Knowledge and Customary Practices within Plural Legal Frameworks." International Journal Of Advance Research And Innovative Ideas In Education 11.6(2025) : 442-450.
APA Dravyesh Narayan Pathak, & Prof. (Dr) Rohit P. Shabran. (2025). Living Knowledge, Living Law: Safeguarding Traditional Knowledge and Customary Practices within Plural Legal Frameworks. International Journal Of Advance Research And Innovative Ideas In Education, 11(6), 442-450.
Chicago Dravyesh Narayan Pathak, and Prof. (Dr) Rohit P. Shabran. "Living Knowledge, Living Law: Safeguarding Traditional Knowledge and Customary Practices within Plural Legal Frameworks." International Journal Of Advance Research And Innovative Ideas In Education 11, no. 6 (2025) : 442-450.
Oxford Dravyesh Narayan Pathak, and Prof. (Dr) Rohit P. Shabran. 'Living Knowledge, Living Law: Safeguarding Traditional Knowledge and Customary Practices within Plural Legal Frameworks', International Journal Of Advance Research And Innovative Ideas In Education, vol. 11, no. 6, 2025, p. 442-450. Available from IJARIIE, http://ijariie.com/AdminUploadPdf/Living_Knowledge__Living_Law__Safeguarding_Traditional_Knowledge_and_Customary_Practices_within_Plural_Legal_Frameworks_ijariie27676.pdf (Accessed : 26 December 2025).
Harvard Dravyesh Narayan Pathak, and Prof. (Dr) Rohit P. Shabran. (2025) 'Living Knowledge, Living Law: Safeguarding Traditional Knowledge and Customary Practices within Plural Legal Frameworks', International Journal Of Advance Research And Innovative Ideas In Education, 11(6), pp. 442-450IJARIIE [Online]. Available at: http://ijariie.com/AdminUploadPdf/Living_Knowledge__Living_Law__Safeguarding_Traditional_Knowledge_and_Customary_Practices_within_Plural_Legal_Frameworks_ijariie27676.pdf (Accessed : 26 December 2025)
IEEE Dravyesh Narayan Pathak, and Prof. (Dr) Rohit P. Shabran, "Living Knowledge, Living Law: Safeguarding Traditional Knowledge and Customary Practices within Plural Legal Frameworks," International Journal Of Advance Research And Innovative Ideas In Education, vol. 11, no. 6, pp. 442-450, Nov-Dec 2025. [Online]. Available: http://ijariie.com/AdminUploadPdf/Living_Knowledge__Living_Law__Safeguarding_Traditional_Knowledge_and_Customary_Practices_within_Plural_Legal_Frameworks_ijariie27676.pdf [Accessed : 26 December 2025].
Turabian Dravyesh Narayan Pathak, and Prof. (Dr) Rohit P. Shabran. "Living Knowledge, Living Law: Safeguarding Traditional Knowledge and Customary Practices within Plural Legal Frameworks." International Journal Of Advance Research And Innovative Ideas In Education [Online]. volume 11 number 6 (26 December 2025).
Vancouver Dravyesh Narayan Pathak, and Prof. (Dr) Rohit P. Shabran. Living Knowledge, Living Law: Safeguarding Traditional Knowledge and Customary Practices within Plural Legal Frameworks. International Journal Of Advance Research And Innovative Ideas In Education [Internet]. 2025 [Cited : 26 December 2025]; 11(6) : 442-450. Available from: http://ijariie.com/AdminUploadPdf/Living_Knowledge__Living_Law__Safeguarding_Traditional_Knowledge_and_Customary_Practices_within_Plural_Legal_Frameworks_ijariie27676.pdf
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