A river as a legal person
The article discusses the evolving legal concept of 'legal personhood' for natural entities, particularly rivers, in India. It highlights the Supreme Court's stance against extending legal personhood to non-humans, contrasting it with the Uttarakhand High Court's earlier judgment on Ganga and Yamuna, and a recent Madras High Court judgment on the Tamirabharani river. The Madras High Court circumvented the Supreme Court's position by categorizing the Tamirabharani as a 'deity' to confer legal personality, primarily to prevent pollution. The article critically analyzes this judgment, particularly its allowance for immersion of ashes under specific conditions, arguing that it errs by not fully applying reasonable restrictions (health) on the Fundamental Right to practice religion (Article 25) and by not adopting a fully eco-centric approach in balancing it with the right to a healthy environment (Article 21). It also touches upon relevant Indian and international environmental laws.
The article discusses the evolving legal concept of 'legal personhood' for natural entities, particularly rivers, in India. It highlights the Supreme Court's stance against extending legal personhood to non-humans, contrasting it with the Uttarakhand High Court's earlier judgment on Ganga and Yamuna, and a recent Madras High Court judgment on the Tamirabharani river. The Madras High Court circumvented the Supreme Court's position by categorizing the Tamirabharani as a 'deity' to confer legal personality, primarily to prevent pollution. The article critically analyzes this judgment, particularly its allowance for immersion of ashes under specific conditions, arguing that it errs by not fully applying reasonable restrictions (health) on the Fundamental Right to practice religion (Article 25) and by not adopting a fully eco-centric approach in balancing it with the right to a healthy environment (Article 21). It also touches upon relevant Indian and international environmental laws.
Exam linkage
GS Paper II (Indian Polity, Constitution, Judiciary, Fundamental Rights); GS Paper III (Environment & Ecology, Environmental Law)
Syllabus mapping
This topic appears in Mains
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