Green Collar Crimes vis-à-vis Protection of Traditional Knowledge in India: A Paradoxical Scenario and A Need for Jurisprudential Shift

Abstract

“A society which does not revere its traditional knowledge is like a tree without roots”-Marcus Garvey

For any society or civilization ethical connection to the environment and acknowledgment of traditional knowledge is something that provides a base for legislations that are expected to help protecting that knowledge over the time. Contrarily, a society which does not possess such a connection, mostly are forced to accept incidents concerning violation of those knowledge. As a matter of fact, contemporary scenarios in India are indicating that we’re falling under the latter. On one hand, there seems to be a dearth of enough environ-ethical acquaintance in the society which could acknowledge that knowledge which has been flowing from the past and are still usable for the betterment of human being. On the other hand, there had already been several instances where traditional knowledge available in India was illegally misappropriated by others. Despite having legislative measures, these offences, which are termed as “green collar crimes” have been rampant off late in India, which consequentially proves that legislative or executive measures in tackling these offences are futile unless there is presence of a proper environmental ethical spectrum in the society. In the instant research paper, the researchers shall delve upon understanding the concept of green collar crimes with respect to traditional knowledge and the reason for the failure of legal measures to protect them, along with providing suggestions to alter the scenario.