The Uttarakhand High Court on Monday, 20th March 2017, ruled that the holy rivers, Ganga and Yamuna as legal and living human entities. This ruling means that the rivers have a status of a legal person with all corresponding right, duties, and responsibilities of a human being. The rivers can represent themselves in court over any violation they face. The judges remarked that the ruling was in the wake of the rivers’ loss of their very existence.
Being living entities, the rivers are entitled to “legal parents, ” and the court declared the Chief Secretary and the Advocate General of Uttarakhand as the legal parents of the rivers since it originates from the state. The two officials were asked to act as the human face that will protect, preserve and conserve the rivers and their tributaries.
The National Cancer Registry Program, under the Council of Medical Research, came up with a study, “Ganga- A cancer-causing river.” The study was done in 2012, and it reported that excessive amounts of pollutants, heavy toxins and metal had made the river a health risk to inhabitants on her banks. The NCRP head went on to further report that cancer incidents were highest in the areas drained by the Ganga river.The Yamuna, on the other hand, was declared a dead river. The oxygen levels in its waters couldn’t allow survival of any life forms. The heavy toxic foam was also reported on the river’s surface, and it was greatly attributed to increased incidences of fire on the river.
The judge’s verdict makes the two rivers to be the first ever to be declared legal and living in India. The order was viewed by some as unusual, but it is has happened before in other parts of the world. Recently, a court in New Zealand ruled the Whanganui River a living entity, making it the first ever water body to be granted a living status. Previously, there have been cases of non-living things being granted a living entity status, most notably the Ram Janmabhoomi land dispute in 2010. The Allahabad High Court asked the disputed land to be divided into three, a third for the Sunni Waqf Board, another third for the Nirmohi Akhara and the final third to the party for ‘Ram Lalla.’ The court accepted the argument and based its ruling on the fact that ‘Ram Lalla’ (idol of the infant Lord Ram) was a living entity.
It was further clarified that ‘living person’ should not be interpreted as real world consequences, but rather in legal terms as a legal person. The rivers not only have the right to property, but they can also be party to disputes. This by some was seen as a means to an end. Harmful activities to the living entities such as illegal constructions and encroachment along the river banks will be considered illegal. This is said to be a step in the right direction in putting a stop to the destruction of these natural resources because the number of raised eyebrows will be increased.
