Authored By: Archita Sharma
Bharati Vidyapeeth New Law College, Pune
ABSTRACT
The global fashion industry has been significantly influenced by cultural exchange, with designers finds inspiration from different cultures, customs, and heritage practices. This sharing of cultures has consistently been a source of creativity, fashion, and new ideas. However, the growing commercialization of traditional cultural expressions by high-end fashion labels raises important legal and ethical concerns. Indian fashion elements such as, Kolhapuri chappals, jhumkas, fabrics, classic embroidery, and indigenous designs frequently show up in recent collections by global brands often without proper credit, compensation, or recognition of their cultural origins. While many of such instances are labelled as cultural appropriation, they may also raise questions regarding violations of intellectual property.
This article discusses how cultural appropriation of Indian fashion elements by luxury brands without proper acknowledgement or attribution, analyses existing legal safeguards, discuss prominent case studies. It further argues for some major legal reforms that’ll help preserve India’s fashion heritage.
Keywords: Cultural Appropriation; Fashion Law; Traditional Cultural Expressions (TCEs); Intellectual Property Rights; Indian Fashion Heritage; Luxury Fashion Industry; Geographical Indications.
- INTRODUCTION
Fashion has always served as a medium of cultural expression, reflecting the history, values, and identities of societies across the world. In an increasingly globalized world, designers often get their ideas from the global culture, resulting in a rich exchange of artistic ideas and expressions. However, there is a delicate line between cultural expression and appropriation; when elements of a culture are adopted, commercialized, and marketed without acknowledgment of their origins, the line becomes blurred.
India is a home to one of the richest textiles and fashion heritage in the world. Traditional elements from Banarasi silk sarees and Kanjeevaram weaves to Kolhapuri chappals, bindis, jhumkas, and Phulkari embroidery, these creations reflect generations of skill, creativity and cultural heritage. They are not just mere clothing or aesthetic accessories; they represent the culture, knowledge, and practices of communities that have preserved them over time.
Numerous international luxury fashion brands have increasingly incorporated Indian-inspired designs into their collections while showcasing them as new innovations under new titles. Traditional clothing and accessories are frequently rebranded as modern fashion innovations, with little to no acknowledgment of their Indian origins. these practices have raised concerns about cultural appropriation, ownership, and whether the existing laws are capable to safeguard traditional cultural expressions.
- CONCEPTUAL FRAMEWORK
Understanding Cultural Appropriation in Fashion
Cultural appropriation in fashion refers to the act of adopting elements of one culture by members of another, usually without a proper understanding, acknowledgement, or respect for their meaning and background. In fashion, it includes but not limited to traditional attire, accessories, symbols, or patterns which are closely linked to identity, spirituality, or cultural background. The key distinction between cultural appreciation and cultural appropriation is the presence of respect for the culture, recognition, collaboration and profit-sharing. In the fashion industry, traditional designs are often transformed into high-value fashion commodities, while leaving the original communities unrecognized and uncompensated.
Indian Traditional Fashion as Cultural Heritage
India’s fashion traditions are closely linked to its cultural heritage. The country is known for a wide range of traditional products, from textile and jewellery to clothes, perfumes and footwear. These products represent centuries of craftmanship, artistic traditions and are often associated to a specific locality or community that have preserved them for generations.
Examples include, Mysore silk sarees, Kolhapur footwear, and Kanchipuram silk sarees. Although they may be sold globally, their identity, cultural significance remains deeply connected to the place from which they originate.
In a similar way, traditional embroidery styles such as Phulkari, Chikankari, and mirror work illustrate distinctive regional identities and artisan skills. Indian has a long-standing tradition of adornments, with accessories such as bindis, jhumkas, bangles, maang tikkas, and nose rings carrying cultural and religious significance beyond mere decoration.
The cultural significance of these elements goes beyond their aesthetic value. They form an integral part of India’s cultural identity, and rich heritage.
Rebranding Indian Fashion in the Global Luxury Industry
The appropriation of Indian fashion elements by global luxury brands frequently manifests in the form of rebranding, where traditional designs are often disconnected from their roots and are presented and marketed as modern fashion innovations.
A prominent example is Prada’s 2025 menswear collection, which sparked debates on cultural appropriation by featuring sandals resembling GI-protected Kolhapuri chappals, initially failing to acknowledge its Indian origins.
In the same way, bindis have been used as decorative fashion accessories or beauty statements by popular celebrities such as Selena Gomez during Coachella performance and international fashion brands. As a result, the cultural and religious importance of the bindi in south Asian culture is often overlooked, reducing it to a mere fashion trend.
Likewise, luxury collections have also included Indian fabric patterns and embroidery styles have. Designs that draw from traditional Indian artistry are often showcased as new creations of fashion houses themselves, disregarding their cultural roots.
Another concern is the cultural erasure which arises from the renaming of Indian traditional clothing and accessories under Western terminology. Many south Asians, especially Indians, have pointed out that dupattas are now being marketed as “Scandinavian scarf”, bangles as “bracelet stacks,” and jhumkas as “bohemian earrings,” without any acknowledgment of their origins.
- LEGAL ANALYSIS
Cultural appropriation raises serious legal and ethical concerns. In some instances, they also spark debates of intellectual property violations. These concerns prompt an analysis of current legal frameworks.
Copyright Law
Copyright Act, 1957 is the act in India which provides safeguards to the original creations of author including literary, artistic, dramatic, and musical works. traditional cultural expressions are typically developed and preserved by communities over generations, making it difficult to identify a single creator or owner. often fall outside its scope. Therefore, they do not fit within this framework.
This legal gap leaves many traditional designs at the risk of unauthorized use and commercial exploitation by third parties.
Design Protection
The Designs act, 2000 protects designs that are novel, original and not similar to any previously produced design. In fashion industry, Fashion designers register their original and unique designs under this Act to prevent unauthorized copying or imitation by fast fashion labels or counterfeiters. Protection is only given to registered newly created designs and for a limited duration.
This legislation provides minimal protection to traditional cultural expressions, including textile designs, embroidery styles, and cultural symbols, have existed for centuries and therefore generally do not meet the legal criterion for novelty.
Trademark Protection
Trademark act of 1999 governs trademark in India. It is primarily concerned with protecting brand names, logos, symbols, and other identifiers that distinguish the goods or services of one from another. Although artisan groups, cooperatives, and organizations may register trademarks, collective marks, or certification marks associated with traditional products, the protection does not cover the cultural expressions themselves. therefore, traditional designs, embroidery styles, jewellery patterns, and indigenous fashion elements can still be replicated by third parties, provided that registered marks are not being misused. consequently, trademark law does little to prevent unauthorized use or appropriation of cultural heritage.
Geographical Indications
Among the existing legal mechanisms, the Geographical Indications of Goods (Registration and Protection) Act, 1999 is the most effective mechanisms for protecting traditional Indian products. A geographical indication is used to identify and distinguish products that originate from a specific geographical area and possess qualities or a reputation due to that origin.
In fashion, this mainly applies to traditional textiles and crafts. Products such as Banarasi sarees, Kanchipuram silk, and Kolhapuri chappals have received GI protection. Despite its advantages, GI protection has notable constraints. It safeguards specific products that are linked to specific geographical areas but does not fully cover wider cultural expressions, motifs, or traditional designs.
Additionally, enforcement of GI rights poses challenges, particularly in global markets. Fashion international brands may incorporate important features of a culture into their collections without directly infringing Geographical indication registrations.
Traditional Cultural Expressions
Traditional Cultural Expressions (TCEs) encompasses designs, symbols, patterns, textile styles and expressions that have been developed and maintained by traditional and indigenous communities over generation. They are collectively owned and passed down over generations.
Existing intellectual property systems fails to protect these cultural expressions from unauthorized use and exploitation as they were made to safeguard identifiable individual creators for a limited period.
In response to the limitations of these laws, there has been a greater international attention cantered on developing a mechanism to safeguard Traditional Cultural Expressions (TCEs). Several countries including Mexico, Australia, and New Zealand have taken different steps and methods to protect indigenous cultural heritage.
- CASE STUDIES
There have been numerous cases and instances where international fashion brands have Incorporated Indian-inspired designs or fashion elements into their collections, runaways and campaigns.
4.1 Ralph Lauren’s Bandhani Skirt
In 2026, Ralph Lauren launched a cotton wrap skirt featuring a print, priced at approximately ₹44,800, stating that it drew inspiration from Bandhani tie-dye techniques. Originating in the states of Gujrat and Rajasthan, Bandhani represents one of ancient textile traditions of india. It is known for its intricate hand-tying and dyeing process. Criticism cantered around the issue that even though product referenced inspirations from the technique, insufficient recognition was given to Indian origin, the artisan communities, or its cultural significance.
4.2 Jhumkas Rebranded as “Vintage Earrings”
At the Paris fashion week by ralph Lauren, the traditional jhumakas which are widely recognised across south Asia were showcased as “Vintage Earrings” worn by models. No acknowledgement or reference were given to its cultural root and heritage
4.3 Prada and the Kolhapuri Chappal Controversy
One of the most prominent recent discusses case involves Kolhapuri chappals. Kolhapuri chappals, a traditional style of leather footwear originating from Maharashtra are protected under Geographical Indication (GI) tag.
In 2025, Prada in its menswear collection showcased the sandals which resembled the traditional kolhapuri chappals. Prada faced criticism for not initially acknowledging their Indian origins, overlooking the craftmanship, the artisans the cultural significance. The controversy reignited debates on cultural appropriation and exploitation of traditional craft and culture by global fashion brands. When faces with public backlash, Prada acknowledged the inspiration behind the design.
- FINDINGS AND CRITICAL ANALYSIS
The analysed case studies in the article clearly demonstrates a repeated trend of cultural appropriation by international fashion and luxury brands where they make unauthorized use or representation of cultural elements of Indian heritage, rebranding them under different labels and selling them as high-end new products. This happens with no recognition, compensation or economic benefits given to the artisan communities and the culture behind them.
The cultural exchange is not the problem but overstepping the line between inspiration and appropriation is. It not only raises questions of cultural sensitivity but also the economic injustice. In a country where millions depend upon traditional crafts for their livelihoods, cultural appropriation also raises concerns of economic justice.
A review of India’s intellectual property framework reveals that existing intellectual property systems including trademark, patent, copyright and geographical indicators fails to protect these cultural expressions from unauthorized use and exploitation as they were made to safeguard identifiable individual creators for a limited period. This legal gap allows fashion labels and designers to make use or incorporate traditional culture elements without attribution, benefit-sharing or recognition of its cultural origin and importance,
To address the legal gap and challenges, there is a need of developing a legal framework which is specifically designed to safeguard the traditional cultural expressions from such use and commercial exploitation. Promotions of international cooperation in addressing the cross-border appropriation of cultural heritage is also required.
- CONCLUSION
The increasing incorporation of Indian fashion elements into global luxury collections demonstrates the growing tension between cultural inspiration and cultural appropriation. While cultural exchange remains an essential aspect of artistic creativity, the commercialization of traditional cultural expressions without acknowledgment, attribution, or compensation raises serious ethical and legal concerns.
Indian fashion heritage represents centuries of collective knowledge, craftsmanship, and cultural identity. Yet existing intellectual property frameworks provide only fragmented protection against commercial exploitation. The absence of comprehensive safeguards enables traditional cultural expressions to be rebranded, monetized, and celebrated internationally while the communities responsible for preserving them remain marginalized.
- REFERNCE
Kawish, A. (2025, May 23). Cultural appropriation in fashion: The fine line between inspiration and exploitation. Equalshuman. https://www.equalshuman.com/the-human-spark/cultural-appropriation-in-fashion-the-fine-line-between-inspiration-and-exploitation.
The Cultural Review. (n.d.). Cultural appropriation in fashion: Ethics, guidelines, and navigating fashion’s ethical boundaries. https://www.theculturalreview.com/fashion/cultural-appropriation-fashion-ethics-guidelines.
Athreya, S., & Rathore, A. (2025, August 16). Crafted in India, copied worldwide: The battle for artisan rights. Deccan Herald. https://www.deccanherald.com/specials/crafted-in-india-copied-worldwide-the-battle-for-artisan-rights-3684116.
Culture Mosaic. (2025). Cultural appropriation in fashion: 7 critical facts. https://culturemosaic.co.uk/cultural-appropriation-in-fashion-7-critical/.
Kurian, T. S. (2026, April 21). The modern colonial theft: How the West rebrands Indian craft as luxury fashion. The Week. https://www.theweek.in/leisure/lifestyle/2026/04/21/indian-crafts-luxury-appropriation.html.
Mogul, R., & Bibi, A. (2025, July 23). India beckons Western fashion brands — but their cultural missteps can be costly. CNN. https://edition.cnn.com/2025/07/23/style/luxury-fashion-brands-cultural-missteps-india.
