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ISSN 2063-5346
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Comparative Analysis: Protection of TCEs (Traditional Cultural Expressions) of USA, France, Canada, UK, Japan, Kenya, Philippines, Panama with India

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Manisha Manaswini, Prof.(Dr.) P.K. Sarkar, Sambhabi Patnaik, Lipsa Dash, Bibhu Kaibalya Manik
» doi: 10.48047/ecb/2023.12.si4.1014

Abstract

India’s culture is ingeniously diverse to such an extent that it is impossible for one to narrow it down to only one basic feature. The culture of India while possessing of great amount of variety, is also visually exquisite, traditionally rooted and intrinsically brilliant.The Cultural Festivals of India celebrate these rich and diverse cultures by bringing together time honored customs and rituals and modern creativity in the form of dance, music, visual arts, theater, film, crafts and many more. Performers and participants are the lifeblood of such festivals and communicate through their skills as a way of crafting their social world and making some meaning of it. It is they who draw public interest and build up the reputation of festival by presenting their skills. Their skills are also very vital for their cultural distinctiveness and it also provides economic opportunities for themselves, their families and their communities. The varied skills of the performers giving a snapshot of their community’s identity can also be termed as Traditional Cultural Expression (TCE). The accelerating advancement in the communication technologies i.e. satellite, cable, broadband and mobile internet, have revolutionized broadcast coverage of different cultural festivals and enabled billions of people around the world to take part in the spectacle and excitement of major cultural events. The development especially in the field of sound and audio-visual recording, broadcasting, cable television and cinematography may lead to improper exploitation of the cultural heritage of a community or state. Expressions are being commercialized through such means in a world-wide scale without giving due respect to the cultural and economic interests of the communities in which they originate and even without granting any share in the returns from such exploitation to the people who are the owners or authors of their expressions. It is also seen that fur the purpose of commercialization, expressions are often distorted so as to correspond what is believed to be better for marketing them. The researcher wants to stress upon the fact that ‘Protection’ is not the same as ‘preservation” or ‘safeguarding’ of the TCEs. Preservation or safeguarding generally refers to the identification, documentation, transmission, revitalization and promotion of the cultural heritage in order to ensure its longevity by continued use and transmission or in other words to make it evergreen. The main purpose of providing protection is to ensure that the TCEs do not extinguish and are maintained and promoted throughout. Moreover, the researcher being an Odissi performer has deeply felt the issues and is bothered by the same. Having practically experienced the issues, she strives to analyze the issue and adequacy of the existing legal mechanism.

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