Rights of Nature Law and Policy
The law has seen the beginning of an evolution toward recognition of the inherent rights of Nature to exist, thrive and evolve. This evolving legal approach acknowledges that the traditional environmental regulatory systems generally described herein regard nature as property to be used for human benefit, rather than a rights-bearing partner with which humanity has co-evolved. Rights of Nature is grounded in the recognition that humankind and Nature share a fundamental, non-anthropocentric relationship given our shared existence on this planet, and it creates guidance for actions that respect this relationship. Legal provisions recognizing the Rights of Nature, sometimes referred to as Earth Jurisprudence, include constitutions, national statutes, and local laws. In addition, new policies, guidelines and resolutions are increasingly pointing to the need for a legal approach that recognizes the rights of the Earth to well-being. Furthermore, educational activities on the rights of Nature are on the increase in the professional and public spheres to advance Earth Jurisprudence worldwide.
2020 The Punjab and Haryana High Court of Chandigarh, on 2 March, declared Sukhna Lake a legal person for its survival, preservation and conservation, and declared all citizens of Chandigarh to save the lake from extinction. Click article. Click official document.
2022 On 1 May, the Madras High Court Declared Mother Nature as a Living Being. The Madurai bench of Justice S. Srimathy also observed that Nature shall have fundamental rights/legal rights and constitutional rights for its survival, safety and sustenance, and resurgence in order to maintain its status and also to promote its health and wellbeing. Click article. Click official document.
2019 The Punjab and Haryana High Court has accorded the status of “legal person or entity” to animals in Haryana, granting them the “corresponding rights, duties and liabilities of a living person”. Click here. Click Official Document.
2018 In July, the Uttarakhand High Court accorded the status of legal person or entity to animals in the northern state. Click here and see also Judgment.
2017 In April, the Himalayan Gangotri and Yamunotri glaciers were granted status of living entities including waterfalls, meadows, lakes and forests. Click here and see also Judgment.
2017 In March, the Ganga and Yamuna Rivers, two of India's most sacred rivers, were granted human status. Click here and see also Writ Petition here.
2012 T.N. Godavarman Thirumulpad Vs. Union of India & Others. Click here.
T.N Godavarman Thirumulpad Vs. Union of India & Others is known for the opinions of Judges K.S. Radhakrishnan and Chandramauli Kr. Prasad who asserted that Environmental Justice could be achieved only if we drift away from anthropocentric principles. Relevant section (Para.14) is highlighted in the document.
2017 The State Assembly of Madhya Pradesh declared the Narmada River a living entity and the life line of the state, announcing indefinite ban on sand mining in the Narmada River. Click here.
2017 The proposal National River Ganga Act would provide the Ganga with legal personhood. Click here.
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