Paper: GS – III, Subject: Environment, Ecology and Disaster Management, Topic: Broad/Overlap, Issue: Legal Rights of nature.
Context:
The Government’s mega project on Great Nicobar (power plant, township, transshipment port, airport) raises the question of granting legal rights to nature to safeguard ecology.
Key Highlights:
Rights of Nature in India:
- The Great Nicobar issue shows tension between mega-projects and ecological rights. Past examples of environmental legal recognition include:
- Tehri Dam (Uttarakhand) protests highlight displacement and ecological damage.
- Sardar Sarovar Dam (Narmada) – prolonged conflict between development and rights of displaced.
Past Judicial Precedents:
- Niyamgiri Hills case (2013) – Orissa Mining Corporation Ltd. vs Ministry of Environment & Forests:
- Court upheld the rights of Dongria Kondh tribe against bauxite mining.
- Recognized Gram Sabha’s authority to safeguard culture, religion, and environment under Forest Rights Act, 2006.
- Similar judicial protection could be extended to Great Nicobar forests.
- Mohd. Salim vs State of Uttarakhand case:
- Uttarakhand High Court granted legal personhood to Ganga, Yamuna, Gangotri & Yamunotri glaciers.
- It assigned responsibilities to guardians.
- However, the Supreme Court stayed aspects of the ruling due to ambiguity in guardian responsibilities which indicates the need for clearer legal framework on rights of nature.
Global Case studies:
- Bolivia & Ecuador: Adopted a ‘Rights of Nature’ doctrine, granting legal personhood to ecosystems.
- New Zealand: Granted legal rights to the Whanganui River.
- Colombia: 2016 Atrato River case recognised rivers as legal entities with guardianship bodies.
Issues & Challenges:
- Who speaks for nature? (Guardianship question).
- Defining legal rights and remedies for natural entities.
- Balancing development vs conservation in ecologically sensitive regions like islands.
- Enforcement challenges owing to weak institutional mechanisms for ecological protection.
Conclusion:
India needs to learn from international models and develop a comprehensive legal framework for natural entities in India. It must strengthen community participation and recognize nature as a stakeholder in development planning.
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