Why in News?
The Madurai Bench of the Madras High Court has recognised Tamil Nadu’s Tamirabharani (Porunai) River as a deity and granted it the status of a “legal person” to strengthen its protection against pollution and ecological damage. The ruling came in the Sivanupandian v. District Collector, Tirunelveli case, where the court considered the pollution caused by funeral rituals and waste dumping along the river.
Key Highlights
- The Tamirabharani River also known as Porunai has been recognised as a deity and legal person by the Madurai Bench of the Madras High Court.
- The decision aims to provide stronger legal protection to the river against pollution.
- The court directed government officials to ensure compliance with protective measures.
- The case highlighted the large quantity of waste entering the river due to funeral and related activities.
- Around 90 tonnes of clothes, 2 tonnes of ash and nearly 3 tonnes of other waste were collected from the river within three weeks.
- The judgment has renewed discussion on Rights of Nature and Earth Jurisprudence in India.
What is Earth Jurisprudence?
- Earth Jurisprudence is a legal philosophy that views nature as having inherent value and argues that legal systems should recognise the rights and interests of natural entities.
- It moves away from a purely anthropocentric approach, where nature is primarily protected for human benefit, towards an eco-centric approach, which recognises nature as having value in itself.
- The Supreme Court has also emphasised the importance of an eco-centric approach to environmental justice.
Legal Personhood of Nature
- Giving a natural entity the status of a legal person means that it can be legally represented and its interests can be protected through the judicial system.
- In earlier cases, Indian courts had extended similar recognition to certain natural entities. However, the approach has faced legal and administrative challenges.
Earlier Judicial Developments in India
Ganga and Yamuna
- In Mohammad Salim v. State of Uttarakhand (2017), the Uttarakhand High Court recognised the Ganga and Yamuna rivers as legal persons.
- The court appointed government officials as guardians for the rivers.
- However, the Supreme Court later stayed the order, citing practical and administrative difficulties, including the fact that the rivers flow through multiple states.
Entire Animal Kingdom
- In Narayan Dutt Bhatt v. Union of India (2018), the Uttarakhand High Court extended the concept of legal personality to the entire animal kingdom.
Global Example: Whanganui River
- New Zealand provides one of the best-known examples of granting legal recognition to a natural entity.
- The Whanganui River was recognised as a legal person under the Te Awa Tupua Act, 2017.
- The river is treated as a legal entity with rights and interests, represented through designated guardians.
- The development is often cited as an important example of Rights of Nature jurisprudence.