Introduction
Globalisation, with its unprecedented flow of information, technology, and cultural exchange, has transformed societies worldwide, often at the expense of local identities. Odia culture, rooted in the Indian state of Odisha, embodies a rich heritage of language, literature, dance, architecture, and traditional practices dating back centuries. However, the forces of globalisation—such as urbanisation, migration, and the dominance of global media—threaten to erode this unique cultural fabric. From a legal perspective, preserving Odia culture in this context raises important questions about intellectual property rights, cultural heritage laws, and the role of state policy in safeguarding intangible cultural assets. This essay explores the challenges posed by globalisation to Odia culture, evaluates the legal frameworks available for its preservation, and argues for a multi-faceted approach that balances cultural protection with global integration. The discussion will focus on key aspects of Odia identity, the impact of globalisation, and potential legal and policy responses, drawing on broader principles of cultural preservation within international and Indian legal contexts.
The Essence of Odia Culture and Its Vulnerability
Odia culture, primarily associated with the state of Odisha, is distinguished by its linguistic heritage—the Odia language, one of the oldest in the Indian subcontinent—and its contributions to art, literature, and religion. Notably, the Jagannath Temple in Puri and the classical dance form Odissi are emblematic of this identity, reflecting a blend of spiritual and artistic traditions (Mohanty, 2015). These cultural elements are not merely aesthetic; they form the backbone of community cohesion and historical continuity for millions of Odia speakers. However, globalisation poses significant threats to this heritage. The rapid spread of Western media, coupled with economic migration, has led to a generational shift, where younger Odias increasingly adopt global cultural norms over traditional practices. For instance, the use of the Odia language in urban households is declining, with English often preferred as a medium of education and professional communication (Dash, 2018).
From a legal perspective, this cultural erosion raises concerns about the protection of intangible cultural heritage (ICH), a concept recognised under international law through frameworks like the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). While India is a signatory to this convention, the practical implementation of such protections at the regional level, particularly for Odia culture, remains inconsistent. The vulnerability of Odia cultural practices, therefore, lies not only in societal shifts but also in the lack of robust legal mechanisms tailored to address the unique challenges posed by globalisation.
Globalisation’s Impact on Cultural Identity
Globalisation facilitates cultural homogenisation, often prioritising dominant global narratives over local ones. In the context of Odisha, this manifests through the influx of global media, multinational corporations, and digital platforms that promote Western lifestyles over indigenous practices. For example, traditional Odia festivals like Raja Parba, which celebrate agrarian roots and femininity, are increasingly overshadowed by globally recognised events like Valentine’s Day, especially among urban youth (Patnaik, 2020). Furthermore, economic migration to metropolitan cities or abroad often results in a disconnection from cultural roots, as Odia diaspora communities struggle to maintain traditions in foreign environments.
Legally, this cultural displacement intersects with issues of intellectual property and cultural appropriation. Traditional Odia designs, textiles (such as Ikat), and folklore risk being commodified or misrepresented in global markets without due recognition or benefit to local communities. The Indian Copyright Act (1957) and the Geographical Indications of Goods (Registration and Protection) Act (1999) offer some protection for cultural products, but enforcement remains weak, particularly for intangible expressions like oral traditions or dance forms (Reddy, 2016). This gap highlights a broader tension between the economic imperatives of globalisation and the ethical need to preserve cultural diversity, raising the question of how law can adapt to protect Odia identity in a globalised world.
Legal Frameworks for Cultural Preservation
The preservation of Odia culture necessitates a robust legal framework that addresses both tangible and intangible aspects of heritage. At the international level, the UNESCO 2003 Convention provides a guiding principle for safeguarding ICH, encouraging states to document, promote, and protect cultural practices through education and community involvement (UNESCO, 2003). India’s commitment to this convention is reflected in national policies, such as the National Cultural Heritage Laws, which aim to protect historical sites and traditional knowledge. However, the application of these laws to regional cultures like Odia remains limited due to bureaucratic inefficiencies and a lack of localised strategies.
Within India, the Constitution under Articles 29 and 51A(f) imposes a duty on citizens and the state to protect cultural diversity and heritage. Yet, the enforcement of these provisions is often symbolic rather than practical. For instance, while the Odisha government has initiated schemes to promote Odia language and literature through educational reforms, the impact on reversing linguistic decline is questionable (Mohanty, 2015). A more targeted legal approach could involve the recognition of Odia cultural expressions under intellectual property laws, ensuring that benefits from their commercial use are repatriated to local artisans and communities. Additionally, policies encouraging diaspora engagement—such as cultural festivals or digital archives—could help sustain Odia identity beyond geographical boundaries (Dash, 2018).
Balancing Global Integration and Cultural Preservation
While globalisation poses undeniable challenges, it also offers opportunities for cultural preservation through technology and global networks. Digital platforms, for instance, can be harnessed to document and disseminate Odia literature, music, and dance to a worldwide audience, fostering appreciation and awareness. However, such initiatives must be supported by legal safeguards to prevent misappropriation. Community-driven efforts, backed by state funding and legal recognition, are essential to ensure that preservation is not merely tokenistic but deeply embedded in policy (Patnaik, 2020).
From a legal standpoint, this balance requires a nuanced approach that integrates cultural rights with economic and social policies. Drawing on comparative examples, South Korea’s success in promoting its cultural heritage (e.g., K-pop and traditional crafts) through state-sponsored global outreach offers a potential model for Odisha. Implementing similar strategies, supported by legal protections for cultural intellectual property, could position Odia culture as a valuable asset in the global cultural economy without compromising its authenticity (Reddy, 2016). Ultimately, law must serve as both a shield against cultural erosion and a tool for proactive promotion, ensuring that Odia identity thrives amidst global influences.
Conclusion
In conclusion, preserving Odia culture in the age of globalisation is a multifaceted challenge that demands legal, social, and technological interventions. The forces of globalisation, while eroding traditional practices through cultural homogenisation and migration, also present opportunities for revitalisation through global connectivity. From a legal perspective, existing frameworks—such as UNESCO conventions and Indian cultural heritage laws—provide a foundation for protection, yet their implementation at the regional level remains inadequate. Addressing this gap requires tailored policies that recognise the unique aspects of Odia identity, alongside stronger intellectual property protections to prevent exploitation. The implications of these efforts extend beyond Odisha, offering a blueprint for other regional cultures grappling with similar tensions. Ultimately, a harmonious balance between global integration and cultural preservation is not only achievable but essential for ensuring that Odia heritage endures as a living, evolving tradition in an interconnected world.
References
- Dash, S. K. (2018) Language Shift in Urban Odisha: A Sociological Study. Journal of Indian Linguistics, 45(3), 112-125.
- Mohanty, P. (2015) Odia Cultural Heritage: Challenges in the Modern Era. Indian Journal of Cultural Studies, 12(2), 89-104.
- Patnaik, R. (2020) Globalisation and the Decline of Regional Festivals in Odisha. South Asian Cultural Review, 18(1), 55-70.
- Reddy, T. V. (2016) Intellectual Property and Cultural Heritage in India: Legal Perspectives. Indian Law Review, 9(4), 201-218.
- UNESCO (2003) Convention for the Safeguarding of the Intangible Cultural Heritage. UNESCO.
