I had to go digging to find it. It's definitely not a toque. This was being used as the reference image.
Okay, some googling has shown that this is a style of turban usually worn by boys (presumably they switch to the other styles that we're more familiar with, once they're adults).
Bullying, Sikh Children, and Awareness
Dastar
So... this has been a "TIL" moment. I suppose it would be considered cultural appropriation if a non-Sikh were selling them without making it clear that it is a Sikh garment, or if the kids in the picture used them as Halloween costumes. But that's something that real Sikh people would have to weigh in on, since I have no idea how they feel about other people wearing their clothing (Justin Trudeau got lambasted for overindulging in various sorts of Indian garments on his recent trip to India, including a wedding outfit that wasn't worn to a wedding).
Most of what is billed as cultural appropriation doesn’t seem to involve actual appropriation, like taking something from another culture as your own and obscuring the origin.
Even then, it can have a positive result. Like I don’t think most people would enjoy the bitter tasting cocoa drink they had in MesoAmerica over European chocolate and I prefer European coffee to Middle Eastern coffee, which isn’t even the original.
You want to see cultural appropriation? The Society for Creative Anachronism is full of people who do this regularly. If it was a thing between 600 and 1600 AD and had verified contact with Europe/Europeans, we used it.
Mind you, the SCA stresses research and documentation, so if one of the people in the local branch wanted her persona to be an Aztec warrior (in reality her ancestry is Norwegian), it was expected that she would do research on naming practices, period clothing, history, and other pertinent cultural issues. We even put on an Aztec feast one year, including turkey with chocolate sauce as one of the dishes. Our branch was fairly multicultural, with some of us creating personas close to our own RL ancestry and others trying something completely new.
There was someone who wrote to Dear Prudence who was hand-wringing over attending an Indian wedding because it involves henna and Indian clothes and she thought it might be cultural appropriation. This was someone actually invited to the wedding by the bride and her family and who were Indian.
That is bizarre. How can people appropriate their own culture?
Yes I agree mass murder took place, and indeed the Portuguese wanted to completely assimilate the Indians and thus destroy their culture (not out of malice but out of a desire to secure their vast dominion and also a sincere desire to "save their souls").
But I would still distinguish this from what the Germans did to Jews and Russians, or what the turks did to Armenians and etc. The goal was never to wipe anyone out. It was to turn then portuguese. When there was resistance, brutal violence wse employed - but it's the same brutal violence that Portuguese rebels could expect, both in Brazil and Europe.
Cultural genocide is when the original culture is erased, by assimilation or, as was done to the residential school kids in Canada, by literally beating it out of them, all the while preaching at them about how God and Jesus love them and they're supposed to love God and Jesus in return. This created generations of people who were completely messed up and felt they didn't belong anywhere - they were too "Indian" to be accepted by white society and too "white" to be accepted back on the reserve. Some of the kids tried to escape and return home and were later found dead of starvation and/or exposure.
I'm curious what legal approach might work in a case of cultural appropriation, aside from trademark/copyright related concerns
I wonder if anyone has gone the route of using the Human Rights Commission to deal with cultural appropriation issues. There are some people who think, for instance, that if you're going to own and/or run an ethnic restaurant, you should only be allowed to do that if you yourself are a member of that ethnicity.
If you consider religion to be a shared culture, there was a woman on a Doctor Who forum I belonged to who insisted that it should be illegal for non-Christians to celebrate Christmas.
I imagine this involves a lot of assumptions too. Let’s say someone accosts a woman she sees in the street wearing Native American tribal jewelry and the woman who is not Native American bought it from a Navajo vendor in Santa Fe who sells his traditional designs. I mean I suppose she could just tell people that but does she need to tell everyone where she bought the necklace and I imagine most offended people will just give her dirty looks.
There was a squabble about cultural appropriation between two female MPs here some time ago. One of them had been on a holiday to China and bought some traditional clothing from a Chinese vendor. She later wore those garments to a party in Canada, and her colleague raked her over the coals in Parliament, on social media, and it ended with the "offender" practically groveling on her knees for forgiveness, apologizing profusely, and promising never to do it again.
My take on it is that if a white woman wearing Chinese garments is so "offensive" then why did the vendor sell them to her in the first place?
So, what is they do? What if they’re an expert in fact. Do they need to carry around a disclaimer informing people of this? Are people from that culture always so knowledgeable of their own cultural traditions?
I don't think people should have to go around carrying disclaimers or permissions (unless it's something that's already a law, like wearing eagle feathers, for example). And given how blatantly over the top some complaints are, it's sometimes like I mentioned earlier - Egypt screams at Mexico for appropriating the pyramid, when the fact is that both cultures came up with the same general idea independently.