The concept of granting legal 'personhood' to nature is an emerging idea that focuses on giving legal rights to nature. This innovative approach allows individuals to take legal action on behalf of natural ecosystems, rather than solely representing people affected by environmental degradation. With this concept, ecosystems can become distinct entities with their own agency, similar to non-human entities like charitable trusts and organizations.
Ecuador was the first country to enshrine rights of nature in its 2008 constitution. Following Ecuador, a growing number of countries have started to award rights to nature. Notably, Aotearoa New Zealand has granted legal personhood to the Whanganui River, the former national park Te Urewera, and is set to extend this recognition to the Taranaki maunga. In India, the Narmada and Ganga rivers, along with all natural entities, have also been recognized in a similar manner.
This question does not have a straightforward answer. Many rights-of-nature initiatives have emerged because existing legal frameworks were insufficient to protect nature from the relentless economic pressure exerted by development. A key aspect of well-designed rights-of-nature frameworks involves defining who is ultimately liable and for what actions.
Examples of rights-of-nature frameworks include the Whanganui River in New Zealand, which was declared a legal person, and the Victorian Environmental Water Holder in Australia. The latter is an independent statutory body established as a legal person that manages water entitlements to enhance the health of rivers and wetlands.
One significant challenge in granting legal 'personhood' to nature lies in the issue of liability. For instance, in the US, farming operations have contested the Lake Erie Bill of Rights, which grants Lake Erie the right to "exist, flourish, and naturally evolve." They argue that the bill is too vague and could expose them to liability due to fertilizer runoff. Similarly, in India, the Ganges and Yamuna rivers were granted living-person status, but this decision faced challenges concerning the uncertainty about who the custodians are and who would be liable for damages to families of those who drowned in the rivers.
The Ganga and Narmada rivers were recognized as legal persons or "living entities" by the Uttarakhand High Court in 2017 and the Madhya Pradesh High Court in 2019, respectively. This legal recognition means that these rivers possess inherent rights akin to those of humans. As legal persons, the Ganga and Narmada rivers have the right to:
This legal status aims to ensure the long-term conservation and protection of these sacred and ecologically significant rivers, holding individuals and organizations accountable for any harm caused to them.
Kutos : AI Assistant!
