The IUP Journal of Law Review
River as a Legal Entity: An Analysis in the Light of Mohammed Salim vs. State of Uttarakhand

Article Details
Pub. Date : Oct, 2018
Product Name : The IUP Law Review
Product Type : Article
Product Code : IUPLR41810
Author Name : Sanu Rani Paul
Availability : YES
Subject/Domain : Law
Download Format : PDF Format
No. of Pages : 09

Price

Download
Abstract

In India, river Ganga is extremely important for Hindus and for those who depend on it for their livelihood. The Government of India has declared river Ganga as the ‘national river of India’ in a bid to prevent the water from getting polluted and to improve the water quality and as a step to instill in the minds of the people the importance of the river. On March 20, 2017, the Uttarakhand High Court, in the case of Mohammed Salim vs. State of Uttarakhand, expressed the utmost expediency to give legal status to rivers Ganga and Yamuna as a living person/legal entity in accordance with Articles 48A and 51A(g) of the Constitution of India. This decision gained wide popularity across the world as India became the second in the world after New Zealand to declare river as a living entity. But despite the popular approval of the verdict, the apex court, in a subsequent Special Leave Petition filed by the Government of Uttarakhand, stayed the order of the High Court. Against this background, the paper highlights the importance of river Ganga in the Hindu mythology. The paper also focuses on the recent judgment by the Uttarakhand High Court on the status of river Ganga and also compares the position of river Ganga with the case of Whanganui river of New Zealand and the rights of nature under Ecuador Constitution.


Description

India is known for its rivers and river valley civilizations. Rivers have occupied a very important place in India right from the ancient times. Every river in India has cultural, social, religious significance and also finds a place in Hindu mythology, thereby glorifying the rivers and river systems in India. Unlike other countries, in India, rivers are considered as goddesses and are prayed to and worshipped across the country. The Government of India has declared river Ganga as the ‘national river of India’ in a bid to prevent the water from getting polluted and to improve the water quality and as a step to instill in the minds of the people the importance of the river. Against this background, this paper highlights the importance of river Ganga in the Hindu mythology and the steps taken for the abatement of pollution of the river. It also looks into various judgments by the apex court for the abatement of the pollution of river Ganga. The paper focuses on the recent judgment by the Uttarakhand High Court on the status of river Ganga, and also compares the position of river Ganga with the case of Whanganui river of New Zealand and the rights of nature under Ecuador constitution.

Upload Articles
Click here to upload your Articles

Journals


Magazines

Finance Magazines
  • The Global Analyst
  • Treasury Management
  • Portfolio Organizer
Management Magazines
  • HRM Review
  • Marketing Mastermind
  • Global CEO
IT Magazine
  • The IUPs World of IOT

Articles of the Month
ISBN: 978-81-314-2793-4
Price: ₹250
Payment by D.D. favouring
"ICFAI A/c IUP", Hyderabad

Reach us at
info@iupindia.in
Tel: +91 8498843633