On a 2009 visit to her ancestral village in Madhubani District in India. Ihitashri Shandilya found that the 'sanctity of traditional Mithila art" (Madhubani paintings) was no longer a criterion artists considered worthwh

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2021
On a 2009 visit to her ancestral village in Madhubani District in India. Ihitashri Shandilya found that the 'sanctity of traditional Mithila art" (Madhubani paintings) was no longer a criterion artists considered worthwhile. In the name of contemporary art, disturbing and sad incidents that reflected sorrow, helplessness and despair were also being painted. Shandilya was taken aback to learn that this tweaking was intentional; someone would narrate an unfortunate incident and the artist would paint it. Artists were willing to switch back to traditional techniques of creating art as long as their livelihood needs were met. On December 28, 2010. Mithilasmita was set up as a folk art gallery from where artists' works could be marketed so that they could earn decent money. In May 2012 the organization registered as a private limited firm. This was a start, but a question remained: How could Mithilasmita capitalize on the pro-artisan initative of the All India Handicrafts Board and geographical indication rights of Madhubani paintings in building up a sustainable business, preserving traditional art and achieving social objectives ? Art from the Mithila region had remained one of the most globally recognized art forms of India. These paintings were positive and devotional in nature and created with a free hand and natural colours. The paintings took the observer into times immemorial through beautiful representations of legendary stories, Shandilya, who was born and raised in the Mithila region, was immensely proud and aware of the beauty of the art. In 2009, after understanding the current situation Mithila region, was immensely proud and aware of the beauty of the art. In 2009, after understanding the current situation of the art, she realized there was a need to find a way to prevent its drift into a different form. Discussions and meetings with various artists sparked a ray of hope. Shandilya understood that a sustainable livelihood for artists would be the source of motivation in order to ensure that they reverted to the traditional style of the art. Locals and artists told Shandilya that the All India Handicrafts Board had been encouraging them to create paintings on hand paper, cloth and canvas to sell in the market since 1966. The board's intention was to create extra income for the families. Inspired by this, Mithilasmita was registered as a folk art gallery on December 28, 2010. MADHUBANI DISTRICT Madhubani become a district when it split from Darbhanga District in 1972. The district consisted of a vast, low-lying plain intersected by numerous streams and marshes. The terrain was mostly clay with a negligible portion of sand. This facilitated paddy fields and sugarcane cultivation, as the land had the capacity to retain moisture. The population of Madhubani was about 3.5 million and was almost entirely rural (3.4 million people lived rurally). It had about 1.2 million workers and 2.3 million unemployed people. The female-to-male ratio was 942 to 1,000 in 2001. The literacy rate in 2001 was 42 per cent compared to the state rate of 47 per cent. Furthermore, the female literacy rate in the district was only 26.25 per cent in 2001 as compared to the state rate of 33 per cent. The socioeconomic indicators did not suggest the district was in a healthy economic condition. MADUBANI PAINTINGS Madhubani District was in zone five on the seismic map. A devastating earthquake hit the area in 1934 with a magnitude of 8.3 on the Richter scale. It had been suggested that this was when Madhubani paintings attracted the attention of Britons, as British officers visited the region after the earthquake. Dating the history of Mithila art was very difficult. The Puranas (Indian holy scriptures), which mention this art, could not themselves be dated. On various auspicious occasions, artists painted houses. One of the examples of traditional art was storytelling through paintings. An illustration of this kind of painting is "Krishn Leela" "Shanti Nritya" is full of images of various gods and goddess such as Shiv, Parvati, Ganesh, Hanuman, Saraswati, Brahma, Vishnu and Lakshmi. The images contain great detail and represent long, complex stories with so much life that the observer could learn continuously from the painting. Parents could narrate stories to their children by referring to such paintings. Recognizing the cultural importance of this art, the Government of India awarded a geographical indication patent right to Madhubani paintings. As of July 26, 2012, about 178 items had been granted geographical indications under the Geographical Indications of Goods (Registration and Protection) Act, 1999. In September 2012, Nitish Kumar, the chief minister of Bihar, announced the establishment of the Mithila Institute of Art. He also stated that it would be given the status of a university. Mithila Museaum in Tokemachi-Shi, Niigata, Japan, proved how world-famous the art had become. HOW THE SCENARIO CHANGED A drought in 1966 brought misery to the people of Bihar. To restore the lost wealth caused by this natural disaster, the All India Handicrafts Board encouraged artists to create paintings on paper so that an ensuing commercialization of Mithila art would ensure extra income for local families, the outcome of the initiative did not bring socioeconomic prosperity to the region. It became difficult for artists to earn a living. Thus, in the absence of any incentive for them to remain "traditional artists," which involved putting in huge efforts and not earning proportional amounts, they started moving away from the traditional methods of creating paintings. Financial needs compelled the artists to produce art in large quantities. Their purpose was no longer to create art by immersing themselves in the process, rather, it was to earn money even if they had to relinquish the traditional techniques. Some artists preferred to switch from the position of a creator of art to a "middleman," as they could earn more by trading art than creating it. Shandilya delved deeper in exploring other reasons for such changes. Art experts, artists and social workers in the region highlighted the fact that tweaking the traditional art techniques to embrace contemporary art had begun to create a new market for Madhubani paintings. The market was serving customers, but the artists were still not earning much, even at the cost of the distortion of the traditional art forms. Shandilya felt this was a perfect example of "unethical commercialization." A visit to Madhubani, in 2009, with her mother, Sarita Mishra, was a disturbing one for Shandilya. She found that Mithila art was not as it used to be. The most significant change was the use of artificial colours instead of natural colours. Pencils and other supporting mechanical devices had become common and artists did not consider this an aberration of the traditional age-old art. Shandilya came to appreciate what her grandmother Gauri Mishra, a prominent social activist in the region who also worked for the revival of traditional women's art, meant by the "sanctity of art." THE CATCH: TRADITIONAL OR CONTEMPORARY The act of creating traditional art was similar to the gurukul system of education. In this system, women taught their daughters how to make siki (boxes with paintings on them) as wedding gifts or for other auspicious ceremonies. The paintings were also created on walls to sanctify them, and creation thereby was an integral part of the life of Mithila women. This was similar to Rangoli (colourful design patterns on floors) that were created in various parts of India. Once the tweaking of the art started, the artists saw no incentive to put as much effort into their work. They saw such little reward for their work, had no direct access to a market, and made a more reliable living by working as intermediaries; as a result, traditional art started losing out. The artists began to use artificial colours instead of natural colours and used pencils and other supporting mechanical devices to create their paintings. As Shandilya pointed out: "I cannot blame or encourage the artists to revert to traditional art forms unless and unitil I am able to address their sustenance needs." The traditional paintings also carried important messages and meanings. MITHILASMITA ART AND CRAFT PVT. LTD. Mithilasmita was founded by a team of social entrepreneurs under the guidance of Gauri Mishra, who was a pioneer in the promotion of Madhubani paintings. The organization changed from being registered under the Karnataka Shops and Commercial Establishments Act, 1961 (in 2010) to being a private limited firm in May 2012. The organization's focus remained on the traditional art and artists of Mithila to ensure that the authentic folk art of Mithila regained its glory. As such, Mithilasmita strove to preserve as well as promote the traditional themes of Madhubani paintings. A folk art gallery in Bengaluru was set up in December, 2010 and focused on traditional Madhubani paintings and other art-based items. These items included a range of dress materials and accessories for every age group and featured Mithila art. Organizations such as Mithilasm could be categorized as social enterprises. Sometimes, delivering public good through a for-profit business model was not workable and non-profit ventures were necessary to ensure social benefits. One such venture was the Barefoot College in India. This organization had the long-term objective of working with the marginalized, exploited and impoverished rural poor. The organization aimed to lift the poor above the poverty line so that they lived with dignity and self-respect. Barefoot College's primary goal was to establish a rural college in India built by and exclusively for the poor. There were cases when an organization found that it could not sustain itself without generating funds. In such cases, it was possible to adopt a hybrid non-profit venture that offered services at different prices depending on socioeconomic parameters. Aravind Eye Care in south India was such an example. The organization had identified how avoidable blindness was rapidly escalating. The government alone could not meet the health needs so it had searched for an alternate healthcare model that could supplement the efforts of the government and also be self-supporting; Aravind Eye Care was the result. Another category was a social business venture. These types of firms did not depend on funds and grants from a donor organization or government. They responded to the needs of the disadvantaged by creating for-profit ventures to drive transformational changes. Profit was utilized to enable access to sustainable livelihoods. Strong leadership skills were necessary in this type of venture. Mithilasmita fell under this category. Shandilya was born into an educated Maithil family in Darbhanga. Since her early childhood, she had seen her parents working with Gauri Mishra in the promotion of Madhubani paintings. Gauri Mishra founded the Self Employed Women's Association Mithila (SEWA Mithila) to promote the heritage art of Mithila. The organization was pivotal in the socioeconomic empowerment of rural women. The SEWA Mithila campus was a second home for Shandilya. She had a cordial relationship with the artists, who were like members of her extended family. She would listen to their folk-tales and play with the children from the Abhayashram (SEWA Mithila's home for the destitute people of Mithila). Shandilya's determination to work for the people and art of Madhubani was inspired by her father's passion. Her late father, Samarendra Mishra, had worked for the promotion of art from Madhubani itself, as he believed that promotional activities should have roots in the village. To ensure that this aim was maintained, Shandilya regularly visited the village and interacted with artists to address their concerns. Before setting up Mithilasmita, Shandilya worked for seven years in the supply chain industry with global firms. Realizing that it was crucial for an artist to have market access, Shandilya decided to head Mithilasmita's marketing department. To bring true value to customers, Mithilasmita was in pursuit of ensuring the best practices of management from its quality of customer service to procuring art from artists in Madhubani or displaying them in a gallery in Bengaluru. As the organization had been established with the larger goal of preserving Madhubani paintings, it also aimed "to create awareness about Mithila art", visitors to the gallery were briefed on the history of Madhubani art and its significance. Historical perspectives were displayed on the website. The organization also used social media like Facebook and Twitter to spread the word about Mithilasmita. GOING FORWARD Some questions that kept Shandilya engaged were : How could Mithilasmita ensure that the pro-artisan initiative of the All India Handicrafts Board and geographical indication rights were capitalized on in building up a sustainable business while prserving traditional art and achieving social objectives ? Furthermore, what mechanism could be put in place to collaborate with government organizations and corporations to achieve a vision set out by Mithilasmita ? What options could Mithilasmita explore to retain artists loyalty in these times of inflation ? Realizing that checking the use of unfair means and unethical practices in the painting business would require stringent authenticity checks for ensuring buyers' trust, what options did Mithilasmita have? How could Shandilya approach government officials for making amendments in the geographical indication rights awarded to Madhubani painting and include a clause on traditional methods of creating paintings ? Furthermore, how could Mithilasmita develop a standard or categorization mechanism that could be presented to the government for consideration ? What are challenges that Mithilasmita is facing? What recommendations would you give Shandilya for addressing the challenges faced by Mithilasmita ?

Answer & Explanation:

Challenges faced by Mithilasmita are: Mithilasmita has to find out ways in order to capitalise on the pro-artisan initiative of the All India Handicrafts Board and GIs in building a sustainable business, preserving traditional art and achieving social objectives. There is a major concern in the form of absence of collaborative action plan with governmental institutions to accomplish the objectives of Mithilasmita. Retaining artists' loyalty in the times of inflation. The task of checking the use of unfair means and unethical practices in the painting business would require stringent authenticity checks for ensuring the trust of buyers. Recommendations to Shandilya for addressing the challenges faced by Mithilasmita: Regarding recommendations to Shandilya to address the challenges faced by Mithilasmita, the nature of the problem is very contextual, no perfect solution exists. Mithilasmita should be asked to approach the Government to pursue a relevant policy change. Shandilya should strive to generate awareness through social media. Shandilya could explore and suggest necessary changes in the law related to GI rights so that specific provision on traditional methods of developing painting could be mentioned to fulfil customer satisfaction by procuring arts from different artists. Shandilya can rework further by strengthening proper code of conduct and best practice. Shandilya should initiate confidence building measures which could include: Creating awareness about the importance of traditional art in young artists. Encouraging artists who revert to traditional techniques by providing higher remuneration. Call on art patrons/customers from metropolitan areas to meet artists and encourage them. To convince customers about art being genuine, dimensions such as authentication, standards and government recognition at the external environment level, as well as brand-building concepts of marketing at the organisational level should be explored.

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