Ganga, Yamuna termed ‘living persons’

• Uttarakhand High Court has declared Ganga and Yamuna and their tributaries “juristic/legal persons/living entities having the status of a legal person”.

Main points of the Judgement:

• A Hindu idol is a juristic entity capable of holding property and of being taxed” through those “who are entrusted with the possession and management of its property”.
• There is utmost expediency to give legal status as a living person/legal entity to Rivers Ganga and Yamuna r/w Articles 48-A and 51A(g) of the Constitution of India
• The Rivers Ganga and Yamuna, all their tributaries, streams, every natural water flowing with flow continuously or intermittently of these rivers, are declared as juristic/legal persons /living entities having the status of a legal person with all corresponding rights, duties and liabilities of a living person in order to preserve and conserve river Ganga and Yamuna”.
• The extraordinary situation has arisen since Rivers Ganga and Yamuna are losing their very existence.

Analysis:

• This is the first instance that a river has been granted a legal status in India. Also, this is among rare instances in the world that a river is given legal status of a juristic person.
• Recognizing the rivers as a living entity grants them new found legal identity and all rights laid out in the Constitution of India.
• The two rivers thus have the right to be legally protected and not be harmed/destroyed. They can also be parties to disputes. The rights, experts say, can be used to protect the interests of the rivers.
• Both the rivers have been in a state of neglect and even though several government initiatives.
• Over 1500 million litres of raw sewage is discharged into the Ganga every day. This joins 500 million litres of industrial waste dumped by more than 700 highly polluting industries located along it.
• The decision is likely to boost the Namami Gange (Clean Ganga) Mission launched to clean and revive the river. The centre approved an outlay of Rs20,000 crore for five years for the centrally financed mission and created a ministry to focus on it. To reach out to people along the river, the government has been working on developing villages as part of its programme. In the first phase, 400 villages are being developed.
• The Ganga, often called India’s lifeline, has significant economic, environmental and cultural value attached to it. Originating in the Himalayas and flowing into the Bay of Bengal in the east, it travels for more than 2,500km through the plains of northern and eastern India, passing through 29 major cities, 23 small cities and 48 towns.
• Earlier, the New Zealand Parliament, acknowledging rights of its native Maori people, had passed a Bill, declaring Whanganui river as a legal entity that has the right to represent itself through its representatives. New Zealand river Whanganui became the first in the world to be granted a legal human status.

By: Vishal