Rivers Ganga And Yamuna Are Now Living Entities With Legal Rights, Here's What It Means

In a landmark judgment, the Uttarakhand High Court on Monday ruled that holy rivers, Ganga and Yamuna as living human entities.

The verdict has given the two sacred rivers the status of a legal person with all corresponding rights, duties and liabilities.

AFP

Being a 'living entity' the court has made the Chief Secretary and the Advocate General of Uttarakhand the "legal parents" of the two rivers, as it originates from the state. The court has asked the two officials to "work as the human face to protect, conserve and preserve them and their tributaries."

Not the first

The unusual order came after a PIL filed in 2014 making it the first river to be declared so in India. Last Monday, a court in New Zealand had ruled the Whanganui River a 'living entity', making it the first water body in the world to be granted the status.

In India in the past too, non-humans have been granted living entity status - most notably in the Ram Janmabhoomi dispute.

In 2010, the Allahabad High Court asked the disputed land to be divided into three, one-third for the Sunni Waqf Board, one-third for the Nirmohi Akhara and one-third to the party for 'Ram Lalla'.

This was because the court accepted the argument that Ram Lalla (idol of the infant Lord Ram) was a living entity.

The rivers have the right to property

The 'living person' term should not be seen in real world terms but has real world consequences. This is strictly in legal terms - where they will be considered as a legal or juristic person.

Since the rivers are 'living entities' the significance is they have the right to property. They can also be party to disputes.

This will go a long way in stopping illegal constructions and encroachments along the rivers and its tributaries. It can file cases and take people to court for such actions.

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They are considered as 'minors'

The two rivers will now have the legal rights as enjoyed by minors, in the cases like ownership of property. They can be 'represented' in the court by others as they are considered as minors- and, therefore, needs a Guardian to fight its legal battles.

They don't enjoy all the rights of a human

While both Ganga and Yamuna have been declared as living entities, which awards them certain rights, they don't enjoy them beyond the legal framework.

Ban on sand mining in Ganga

In the case of the two holy rivers, another significant development that could come out of this judgement is the possible ban on mining on the Ganga flood plains.

Various governmental and non-governmental assessments have called for an end to sand mining, dredging, stone crushing, sediment removal, and mining of other materials from river beds.

The rivers can take polluters to court

The verdict is expected to give a boost to the clean Ganga mission, on of the pet projects of Prime Minister Narendra Modi. Even with crores spent on cleanup in the past couple of years, the two holy rivers remain as polluted as ever. In fact a recent report suggest the pollution level has only increased.

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This is because an estimated 1500 million litres of sewage is flown into Ganga every day other than the 500 million litres of industrial waste.

A large stretch of the Yamuna is technically dead due to the release of untreated sewage into it, many activists wonder if the order would ensure that every drain that enters the river carries treated water or if a minimum "ecological flow" will be maintained to sustain life in the river.

The ruling will help in fixing accountability of officials in curbing the uncontrolled menace, which has been slowly killing the rivers worshiped the by millions.