ULGULAN is situated within existing CONSTITUTIONAL, LEGAL AND INTERNATIONAL FRAMEWORKS that recognise indigenous peoples as custodians of land, knowledge, culture and authorship.

These include:

• the Constitution of India, including protections for Scheduled Tribes

• principles of transparency, due process, and record preservation in Indian law

• internationally recognised standards on indigenous rights, cultural heritage, and moral rights

The frameworks referenced here do not adjudicate disputes.

They provide context – legal, ethical and normative – within which public memory, authorship, and custodianship are understood.

This section exists to ensure that documentation is read within law, not outside it.

A Public Record of Indigenous Memory Authorship and Custodianship

This is not protest. This is documentation.

Frameworks

The Frameworks section situates the Ulgulan 2025 record within established constitutional, legal, and international standards that govern authorship, custodianship, record-keeping, and the protection of indigenous and tribal knowledge.

These frameworks do not adjudicate disputes or assign liability. They provide normative and legal context so that documentation is read within law, ethics, and due process.

1. Constitutional Frameworks (India)

1.1 Constitution of India — Scheduled Tribes and Fifth Schedule

The Constitution of India recognises Scheduled Tribes as communities with distinct cultural and knowledge systems requiring special protection. Key provisions include Articles 366(25), 342, and the Fifth Schedule, which places a positive custodial duty on the State to protect tribal interests, culture, and customary practices.

1.2 Fundamental Rights and Cultural Protection

Articles 14, 19(1)(a), 21, and 29 collectively establish equality before law, freedom of expression, dignity, and protection of distinct cultures. Cultural expression and authorship are therefore constitutionally protected interests.

2. Statutory and Administrative Law Frameworks (India)

2.1 Right to Information and Due Process

The Right to Information Act, 2005 mandates transparency, proactive disclosure, and proper record maintenance by public authorities. Suppression or destruction of records undermines due process.

Reference:
https://rti.gov.in/

2.2 Public Records and Archival Obligations

The Public Records Act, 1993 and Public Records Rules, 1997 establish that records created in the course of public duty belong to the public archive and must be preserved with continuity and integrity.

3. Authorship and Moral Rights

3.1 Copyright Act, 1957 (Section 57)

Indian copyright law recognises moral rights, including the right to attribution and integrity of work, independent of economic ownership. These rights apply even after assignment or institutional commissioning.

4. International Indigenous Rights Frameworks

4.1 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

UNDRIP establishes global standards for protection of indigenous cultural heritage, knowledge, and authorship, including Articles 11 and 31 on control and protection of cultural traditions and traditional knowledge.

4.2 UNESCO Cultural Heritage Frameworks

UNESCO conventions and recommendations emphasise custodianship, ethical documentation, and community participation in safeguarding tangible and intangible cultural heritage.

5. International Intellectual Property and Traditional Knowledge

5.1 WIPO and Traditional Knowledge

WIPO frameworks recognise collective authorship, inter-generational knowledge systems, and the need to prevent misappropriation of traditional knowledge and cultural expressions.

6. Application in Ulgulan 2025

Ulgulan 2025 applies these frameworks solely to provide interpretive context, clarify custodial responsibilities, and anchor documentation within recognised legal and ethical standards.

Inclusion of these frameworks does not imply violation or compliance by any institution or individual.