Sacred Body, Sacred Knowledge: Yoga and Ayurveda within Cultural Heritage Frameworks

Abstract

This study evaluates the efficacy of contemporary cultural heritage and intellectual property (IP) frameworks in safeguarding the living, metaphysical realities of Yoga and Ayurveda. Emerging over 5,000 years ago as interconnected sister sciences in South Asia, these traditions conceptualize life (Ayuh) as a holistic state of equilibrium (Svastha). However, modern commercialization often subjects these practices to epistemic violence, reducing multidimensional spiritual pathways to biomechanical commodities. This research uses interdisciplinary legal and cultural analyses to assess the protective role of India's Traditional Knowledge Digital Library (TKDL) and the landmark 2024 WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. By examining historical biopiracy cases—specifically turmeric, neem, and basmati rice—alongside the economic disparities highlighted by the Kenyan Mweri bark case, this paper exposes the "protection gap" inherent in current defensive publication regimes. The findings indicate that while digital indexing provides crucial prior art, it risks exposing sacred, orally transmitted traditions to public domain exploitation. To secure epistemic sovereignty, the study recommends transitioning to a human rights-centered IP framework integrated with secure technological interventions, such as Enterprise Digital Rights Management (E-DRM), cryptographic watermarking, and community-governed protocols like Mukurtu and Local Contexts Labels