ANCIENT WISDOM VS MODERN EXPLIOTATION THE FIGHT FOR BIODIVERSITY AND CULTURAL JUSTICE Dr. Bhavana Sharma

Ancient Wisdom vs. Modern Exploitation: The Fight for Biodiversity and Cultural Justice

Dr. Bhavana Sharma

Asstt. Prof., SoLS,

Himachal Pradesh University Regional Centre, Dharamshala, HP

Abstract: Over centuries, a strong traditional knowledge system has been develoed by our forefathers and local communities with their experience and wisdom which plays a pivotal role in biodiversity conservation and sustainable resource management. Ironically, the modern ways of living and over-commercialisation has led to over-exploitation and has raised concerns regarding regarding biopiracy, cultural appropriation, and the marginalization of knowledge holders. In this paper efforts has been made by the researcher to understand and evaluate the conflicts between traditional knowledge and modern exploitation through a case-based analysis, focusing on emblematic instances such as the neem and turmeric patent controversies.

The researcher has tried to analyse the legal frameworks, including the Convention on Biological Diversity and evolving intellectual property regimes, and concludes how the how traditional knowledge has been misappropriated and the extent to which existing governance mechanisms protect cultural rights.

To assess gaps between policy and practice, qualitative methodology has been used in the study which integrates doctrinal legal analysis with case study evaluation. And it is clear from the analysis that enforcement remains weak and fragmented relating to Access and Benefit Sharing (ABS) and for the protection of indigenous rights. Moreover, local communities lack legal awareness and the institutional support to assert their rights effectively.

Ths paper proposes stronger legal safeguards, community participation, and documentation mechanisms to prevent exploitation and ensure equitable benefit sharing only then e can achieve the goals of sustainability, justice, and the ethical use of biodiversity resources.

Keywords: traditional knowledge, policy, legal awareness , biodiversity, ethical.