The concept of legal personhood for nature grants ecosystems rights to exist, flourish, and evolve, similar to humans or corporations. It marks a shift from anthropocentric conservation to an eco-centric approach.
Rationale for Rights of Nature:
- Current environmental laws such as EIA, and Forest Conservation Act often fail under development pressures.
- Legal personhood enables ecosystems to be represented in court through guardians.
- It supports principles of sustainable development, inter-generational equity, and Article 21 (Right to Life).
India’s case so far:
- Judicial precedents:
- Uttarakhand HC (2017): Ganga & Yamuna as living entities.
- MP HC (2019): Narmada River was granted personhood.
- Punjab & Haryana HC (2020): Sukhna Lake recognized as a legal person.
- Constitutional provisions:
- Article 21: Right to a clean environment.
- Article 48A: Duty of State to protect environment.
- Article 51A(g): Duty of citizens to protect nature.
- Tribal/community rights:
- Niyamgiri Hills case (2013): SC upheld Gram Sabha’s authority to safeguard ecology.
Challenges:
- Guardianship dilemma: It is unclear who represents nature such as state, community, or judiciary.
- Liability issues: Concerns are raised on whether rivers can be held responsible for flooding deaths.
- Conflict of interests: Between nature’s rights and livelihood needs of tribal communities.
- Development vs conservation: Projects like Nicobar, Tehri Dam, Sardar Sarovar raises concerns on unbalanced development.
- Enforcement gap: Weak regulatory mechanisms, overlapping legal regimes.
- Judicial uncertainty: Contradictory judicial stances as seen in SC staying HC orders due to lack of clarity.
Way Forward:
- Enact a National Rights of Nature Act with clear definitions, guardianship roles, and liabilities.
- Establish community-led guardianship councils with Gram Sabhas, local tribes, and civil society.
- Learn from international best practices such as New Zealand’s guardianship, and Colombia’s custodianship bodies.
Conclusion:
Rights of nature is a transformative shift in environmental jurisprudence. India must evolve from reactive litigation to a codified rights-based framework, ensuring ecosystems are treated as stakeholders in development.
‘+1’ Value Addition:
- India is a signatory to the Convention on Biological Diversity (1992).
- IPBES (2019): Nearly 1 million species face extinction.
- FAO Report (2021): 60% of ecosystem services globally are degraded.
- UN Resolution (2009): Harmony with Nature recognizes Earth’s intrinsic rights.
- Global Experiences:
- Ecuador (2008): First Constitution to recognize rights of nature.
- New Zealand (2017): Whanganui River and Te Urewera Forest declared legal persons with guardianship bodies.
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