Environmental Sciences and Ecology: Current Research
[ ISSN : 2833-0811 ]
Ecological Entity and Juristic Personality of River Ganga in India: from Sanctity to Legality
Abstract
The ecological entity and juristic personality of River Ganga traced from the standpoint of the legal status vis-à-vis the reverence and sanctity attached to its identity. The demographic rise, industrialization and urbanization led to degradation of Ganga Rivers. The water laws and policies have endeavoured to protect it from pollution, but the deterioration in the water quality is on the rise. In Mohammed Salim vs State of Uttarakhand the Uttarakhand High Court of India realized that Rivers Ganga and Yamuna are losing their very existence and requires extraordinary measures. To restore its pristine glory, the Court declared these rivers as a living person and legal entity. The precedent of the Whanganui River Case of New Zealand is followed explicitly in the judgment. The paper is an enviro-legal analysis of the decision in the conservation of the Ganga River to keep the religious conscience and science of river health assessment. It assigns a top priority of environmental governance of the river by recognizing the doctrine of loco parentis and parens patriae on the Director Namami Gange (Clean Ganga), the Chief Secretary of the State of Uttarakhand and the Advocate General of the State of Uttarakhand for the preservation and conservation of Ganga and Yamuna rivers.