Why in the News?

Italian luxury brand Prada was accused of cultural appropriation for selling flat leather sandals resembling India's traditional Geographical Indication (GI)-tagged Kolhapuri chappals.

What is Cultural Appropriation?

• Cultural appropriation refers to the act of adopting elements from one culture by members of another, particularly when a dominant group appropriates aspects of a marginalized culture in a manner that is seen as disrespectful or exploitative.
  • A member of a majority group profiting financially or socially from the culture of a minority group is cultural appropriation.
• Other examples: 
  • U.S brand Starbucks "Golden Latte" or Golden milk is similar to traditional Haldi Doodh (turmeric milk) used in Indian Ayurveda.
  • Italian brand Gucci selling floral embroidery organic linen kaftan, which looked like Indian kurta.

Reasons behind Cultural Appropriation

• Lack of protection mechanism: Intellectual property (IP) systems that exist today — like patents, trademarks, or copyrights — were designed for individual innovation, not collective heritage.
• Issues with GI Tag: GI rights are primarily 'territorial' and consequently limited to the country (or region) where protection is granted. At present, no automatic 'world' or 'international' GI right exists.
  • In case of infringement of a GI in a foreign country, the affected parties rely on intellectual property (IP) laws of that country if bilateral agreements are not signed.
  • In recent case, Proprietors of Kolhapuri chappals GI are finding it difficult to take legal action as per Italian law. 
• Digital Marketplace Loopholes: Online platforms act only after cultural appropriation is flagged, while resale markets and digital reproductions remain largely unchecked.
• Lack of enforcement and awareness: Over 10,000 families in Maharashtra make traditional Kolhapuri chappals, but only 95 individuals are officially registered as Authorised Users under the GI framework.

Ethical dimensions involved in Cultural Appropriation

• Violations of Kantian Ethics (Categorical Imperative): Appropriating cultural expressions without consent treats communities as a means to an end (profit), rather than as ends in themselves.
• Utilitarianism: Short-term gains for companies create long-term harm to cultural dignity, economic survival, and social well-being of marginalized communities.
• Erosion of Artisan Livelihoods: Cultural appropriation violates Amartya Sen's Capability Approach by denying artisans and cultural communities the freedom, dignity, and economic opportunities.

Conclusion

Cultural appropriation, as seen with Prada's Kolhapuri chappal controversy, highlights the need for stronger global IP protections and ethical practices to preserve marginalized communities' cultural heritage and artisan livelihoods.