Explained: The Jhumka, Ralph Lauren, and the dangling question of patenting heritage craft

What’s the origin of jhumka?

The jhumka has endured since 300 BC, with origins that can be traced back to ancient temple sculptures and royal adornment across South India and the Deccan. “This was particularly endorsed by the Chola dynasty,” says Pratiksha Prashant, CEO of Kishandas & Co, a 150-year-old jewellery house from Hyderabad that recreated Chola-era jewellery for the film Ponniyin Selvan 2. “Over centuries, it travelled across regions, evolving through Mughal, temple and courtly influences while retaining its signature bell-like form. In Hyderabad and across India, jhumkas became an essential part of bridal and festive jewellery, symbolising grace and tradition,” she says.

However, jewellery specialist Preeta Agarwal credits the jhumka’s origins to tribal accessorisation. “Rather than a definitive geography, it could have come from our earliest accessories made of cowries and fruit shells. By the time metallurgy developed and reached its pinnacle in the Chola dynasty, bell-shaped earrings became iconic,” she says.

What makes a jhumka different from other earrings?

“That would have to be its unmistakable bell-shaped silhouette and the sense of movement it carries. Unlike most danglers that are linear or flat, a jhumka has a sculptural, three-dimensional dome that sways beautifully with every step. It traditionally begins with an ear stud that flows into the dome,” says Prashant. The design is often finished with pearls or gemstone drops, sometimes in layers.

Why is it difficult to patent heritage crafts?

Traditional cultural expressions like jhumkas, bandhani, chikankankari, or kolhapuris often fall into a grey area in intellectual property (IP) law, according to IP lawyer Safir Anand. “Copyright protects original works, not centuries-old designs. Design law protects new designs, not traditional ones. Trademarks protect brands, not cultural motifs. So, heritage sits in a legal vacuum. Culture is valuable, but legally under-protected,” says Anand, senior partner and head of Trademarks, Commercial & Contractual IP at Anand and Anand. So, no case can be made out about compensation.

A Ralph Lauren model wearing a jhumka. Despite the continued backlash on social media, this is not the first time a global fashion house has mimicked Indian motifs and crafts and rebranded them as their own. Photo: X/Ralph Lauren

Since luxury fashion thrives on borrowing aesthetics from around the world, they have been drawing inspirations from the developing world. “That’s why Moroccan embroidery, Mexican textiles, native American beadwork, Indian jewellery and craft have become globalised fashion motifs, often stripped of their cultural narrative,” he adds.

Besides, unlike art or academia, fashion has no strong tradition of citation. “That absence of attribution is what fuels cultural appropriation debates. From a policy perspective, heritage gets diluted because craft travels without context. I often say it is de-contextualisation as the design survives but the story does not,” says Anand.

What then can be done to protect our heritage?

Global brands could adopt a norm similar to museum attribution. This is the scholarly process of determining the creator, origin, date, and authenticity of an artwork or artifact, often establishing it as the work of a specific artist or culture. This costs nothing but is only a cultural acknowledgement. Brands could co-create with local artisans and validate their originality this way.

“Media outrage is a way to grab attention but not a solution. We need to be more solution-oriented. We need to focus on protecting our heritage and crafts through certification programmes. We could also have exchange programmes with global luxury houses and have more conversations on museum-like attribution,” says Anand.

“We must strengthen protection through Geographical Indications (GI) as also craft certification systems. The Government also has a mission focussing on tribal arts, which may go beyond the scope of geography and may focus on community at large. In the same manner, the scope of such a mission could be used for other culturally relevant arts and forms,” he adds.

He even suggests a national heritage law on the lines of the legislation the government is preparing regarding manuscripts.

Can the jhumka be credited as uniquely Indian?

Since it appears to originate from the Indian subcontinent, it merits attribution. “Because the jhumka has a traditional form and a ritualistic and cultural history, technically, it cannot be identified as just another dangler,” clarifies Anand.

What are loopholes in jewellery design patent laws?

While mechanisms can still be patented, a design patent is not foolproof. “A designer can make three minor tweaks by changing a trim, a stone, colour and get out of the patent law,” says Agarwal.