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The Supreme Court has recognized that right to health under Article 21 includes protection of traditional medical knowledge from biopiracy, requiring benefit-sharing with indigenous communities when their knowledge is commercialized.
- True
- False
Answer: True
Traditional knowledge and right to health: (a) Constitutional basis: Article 21 (right to health) + Article 29(1) (right to conserve culture) interpreted to protect traditional medical knowledge, (b) Judicial recognition: (i) Biopiracy prevention: Traditional knowledge (Ayurveda, tribal medicine) protected from unauthorized commercialization, (ii) Benefit-sharing: Indigenous communities entitled to share benefits when their knowledge commercialized, (iii) Prior informed consent: Communities must consent to use of their knowledge, with fair terms, (c) Applications: (i) Traditional Knowledge Digital Library (TKDL): Documents traditional formulations to prevent wrongful patents, (ii) Biological Diversity Act, 2002: Requires benefit-sharing, prior approval for access to biological resources, traditional knowledge, (iii) Geographical indications: Protect traditional products (e.g., Darjeeling tea, Kancheepuram silk) with community rights, (d) Challenges: (i) Documentation: Recording oral traditional knowledge while respecting community protocols, (ii) Enforcement: Preventing biopiracy in global patent systems, ensuring benefit-sharing, (iii) Capacity: Indigenous communities empowered to negotiate fair terms, protect rights, (e) Illustrates inclusive constitutionalism: Article 21 interpreted to protect traditional knowledge as part of right to health; benefit-sharing ensures justice for indigenous communities whose knowledge contributes to healthcare.