Editorial

Legal loopholes in Gamosa protection

The flooding of the markets with power loom replicas of the traditional Assamese Gamosa on the eve of Rongali Bihu celebrations highlights the state’s failure to utilize the Geographical Indication (GI) tag to safeguard the interests of indigenous weavers.

Sentinel Digital Desk

The flooding of the markets with power loom replicas of the traditional Assamese Gamosa on the eve of Rongali Bihu celebrations highlights the state’s failure to utilize the Geographical Indication (GI) tag to safeguard the interests of indigenous weavers. The Directorate of Handloom and Textiles routinely seizes prohibited power loom Gamosas, but this measure has proven ineffective because violations of the legal protection for Gamosas woven by Assamese weavers on handlooms occur every year. Unscrupulous traders have continued to procure cheap power loom replicas of Gamosas with impunity not just during every Bihu festivity but also throughout the year to cater to growing demand. Ironically, a pertinent question that arises in this context is why the department has not been able to establish a foolproof system to prevent power loom replicas of Gamosas from being passed off as authentic hand-woven Gamosas over the years. The GI tag is primarily an authenticity certification, and every genuine producer/weaver is entitled to be an authorized user of the GI product once the GI is granted. Empowering the indigenous weavers to use the GI tag without much hassle is essential to help them tap the growing market for Gamosas. If the GI logo is prominently displayed on every single Gamosa woven by Assamese weavers on their looms, then buyers cannot be duped by traders passing on the power loom Gamosas as authentic ones. Apart from weavers’ societies, individual weavers having easy access to GI registration, certification officers, and labelling infrastructure remain critical to building the ecosystem that will make use of the GI logo and labelling mandatory. The penal provisions of the Geographical Indications of Goods (Registration and Protection) Act, 1999, are stipulated only for applying a false GI tag as well as for selling goods to which a false GI is applied. To effectively prevent the sale of power loom Gamosas in the state, it is essential to address the legal bottlenecks in the enforcement system. Officials seizing power loom replicas of handloom products are required to obtain laboratory test reports before pressing legal charges against the traders from whom the samples have been seized. The state does not have the requisite laboratory to conduct the test to distinguish an authentic handloom product from a power-loom replica, and seized samples are sent to the laboratory of the Textile Committee, Kolkata, for conducting the tests. The establishment of a Textiles Committee laboratory in Assam can significantly contribute to the Textiles Committee’s primary goal of ensuring the quality of textiles and textile machinery for both internal consumption and export purposes. While the officials of the Directorate of Handloom and Textiles are well trained to distinguish power loom Gamosas from genuine handwoven Gamosas and are authorized to confiscate the stocks of power loom Gamosas, following up their action with punitive measures continues to be challenging without the required laboratory infrastructure and support for equipping them with scientific test reports of the seized samples. The state can lobby with the central government for the establishment of the necessary laboratory, the accreditation of other laboratories, and the provision of adequate infrastructure and human resources so that the laboratory findings of the seized samples can be made available to the Directorate of Handloom and Textiles for pursuing the cases to their logical conclusion. Building awareness among consumers is crucial in reducing the demand for power-loom replicas of the Gamosa. However, this task is challenging due to the higher cost of handloom Gamosas, which only those consumers who prioritize quality and authenticity over price are willing to pay for, thereby rejecting the power loom replica. The pragmatic solution to this persistent problem is facilitating the registration of all weavers of the state for GI logo and handloom mark use. Use of the GI logo and labels will assure the consumers about the authenticity of the handwoven Gamosas sold in the retail markets. Even then, use of a false GI logo and label on power loom Gamosas cannot be ruled out, but fake GI labels will not be able to thrive if the enforcement machinery is strengthened and strong punishments are meted out. Application of QR codes for traceability of registered weavers and digital verification of GI logos can be effective in preventing counterfeiting to a great extent, provided the enforcement machinery is well equipped with legal and infrastructural tools to act against fraudsters. The Gamosa is an important identity marker and cultural symbol of Assamese people. If Assamese weavers are compelled to stop weaving it on a commercial scale due to the market being captured by power loom replicas, the loss will not be limited to the livelihood loss of over ten lakhs of traditional weavers in the state. It will gradually lead to an irreversible distortion of this crucial identity marker of Assamese people.