Maarg Manthan · Topic 20.19

Ganga and Yamuna Rivers Accorded Legal Personhood Status

Environment & Ecology › Protected Areas Lists and Recent Developments in Environment · Topic 20.19

On 20 March 2017, the Uttarakhand High Court at Nainital, in Mohd. Salim v. State of Uttarakhand, declared the Ganga and Yamuna rivers to be legal persons, or living entities, with the status of a legal person and all the corresponding rights, duties and liabilities. The court said that this was needed to preserve and conserve the rivers, and it named the Director of Namami Gange, the Chief Secretary of Uttarakhand and the Advocate General as persons in loco parentis, who would act as legal custodians and speak for the rivers. A few days later, on 30 March 2017, in Lalit Miglani v. State of Uttarakhand, the same High Court extended the status to the Gangotri and Yamunotri glaciers, and to rivers, streams, lakes, air, meadows, forests, wetlands, springs and waterfalls of the state. The idea draws on the concept of juristic or legal personality, which Indian law already grants to companies and to Hindu idols, and on international developments such as New Zealand's Te Awa Tupua Act of 2017 recognising the Whanganui River as a legal person, and the Atrato River case in Colombia in 2016. In India, constitutional provisions such as Article 21, Article 48A and Article 51A(g) were cited. However, the Supreme Court of India stayed the Uttarakhand High Court's order on 7 July 2017 after the State of Uttarakhand appealed, pointing to practical problems such as who would be liable for flood damage, since rivers flow through many states. So the legal status is currently suspended pending the Supreme Court's decision. Other courts have since made similar declarations for Sukhna Lake in Chandigarh (2020), and the Madhya Pradesh Assembly passed a resolution on the Narmada. Hedge details: the case status can change, so check the latest orders.

5 min read · UPSC Prelims · Environment & Ecology · Protected Areas Lists and Recent Developments in Environment

At a Glance

Court Uttarakhand High Court, Nainital
Date 20 March 2017
Case Mohd. Salim v. State of Uttarakhand
Supreme Court Stayed on 7 July 2017
Comparison Whanganui River, New Zealand
Exam link UPSC Prelims, Environment & Ecology: Protected Areas Lists and Recent Developments in Environment

Where Does It Fit?

This topic follows the glacier topic and begins the final block on the Ganga, the River Ganga Authorities Order and the Smart Ganga City Scheme, which together show the legal and institutional treatment of the river. Previous topic: Melting of Himalayan and Antarctic Glaciers and Its Climate Impact. Next topic: Environment (Protection) Act, 1986 Replaced 2009 NGRBA order Apex body National Ganga Council,…">River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016.

What Did the High Court Decide and What Happened Next?

Event	Details
Order	20 March 2017, Uttarakhand High Court: Ganga and Yamuna are legal persons with rights, duties and liabilities
Case	Mohd. Salim v. State of Uttarakhand
Custodians	Director of Namami Gange, Chief Secretary of Uttarakhand and Advocate General as persons in loco parentis
Extension	30 March 2017, Lalit Miglani v. State of Uttarakhand: glaciers, streams, forests and others
Supreme Court	Stayed the order on 7 July 2017 on the state’s appeal
Reason for stay	Practical issues such as liability for flood damage and the rivers’ passage through many states
Current status	Order suspended; check the latest position

What Is the Idea Behind Legal Personhood?

Juristic person: an entity that can own property, sue and be sued, like a company or an idol
Guardians: humans act for the river as guardians in court
Rights of nature: Ecuador’s 2008 Constitution recognises rights of nature
New Zealand: Te Awa Tupua Act 2017 for the Whanganui River, with Maori guardians
Colombia: Atrato River recognised as a rights holder in 2016
Other Indian cases: Sukhna Lake declared a living entity in 2020
Doubt: enforceability and who pays
Support: strengthens duty to protect and gives rivers a voice

What Else Should You Remember?

Ganga as national river: declared on 4 November 2008
NGRBA: National Ganga River Basin Authority set up in 2009
Namami Gange: flagship programme from 2014-15
Legal person: a being the law treats as having rights and duties
Natural person: a human being
Artificial person: a company or a corporation
Deity as person: a Hindu idol is a juristic person, as in Pramatha Nath Mullick case of 1925
Article 21: right to life includes a clean environment
Article 48A: State to protect the environment
Article 51A(g): citizens’ duty to protect the environment
Public trust doctrine: State holds natural resources in trust for people
In loco parentis: in the place of a parent
Stay: the Supreme Court has not decided the main appeal
Narmada: the Madhya Pradesh Assembly resolved to treat the Narmada as a living entity in 2017
Bangladesh: its Supreme Court recognised rivers as legal persons in 2019
Whanganui: New Zealand river with Maori ancestral status
Ecuador: first country to include rights of nature in its constitution
Criticism: unclear who is liable for floods, and rivers cross states
Practical effect: limited so far, with cleaning depending on programmes
Rights of rivers: rights to flow, to be free of pollution and to exist
Environmental flow: a related idea of leaving enough water in the river
Link to previous: see Melting of Himalayan and Antarctic Glaciers and Its Climate Impact
Link to next: see River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016
Link to Ganga: see Namami Gange Programme and Ganga Rejuvenation Plan
Caution: court orders and stays can change, so check the latest status
Exam hint: remember 20 March 2017, Uttarakhand High Court, the stay and the New Zealand parallel
Practical doubt: Courts asked who would be sued if a river flooded fields and homes, and whether state governments could be held liable
Rights to flow: Supporters argue that legal personhood can back claims for minimum flow and for protection from dams and encroachment
Indigenous links: In New Zealand the status was a settlement with the Maori, who regard the river as an ancestor
Federal question: The Ganga flows through five states, so a single state’s High Court order raises questions of jurisdiction
Link with NGT: The National Green Tribunal also hears Ganga cases and has issued directions on pollution and encroachment

Why Does It Matter for the Exam?

Order: 20 March 2017
Court: Uttarakhand High Court
Status: Stayed by Supreme Court
Current affairs link: Rights of nature
Common errors: saying the Supreme Court granted the status

As an analytical point, personhood gives rivers a voice in court but does not by itself clean them. Without clear duties, funds and enforcement, it risks becoming a symbol, which is one reason for the Supreme Court’s caution.

Why Is This Topic Important?

Idea Rights to river
Hurdle Liability
Status Stayed

What Came Next?

The next topic covers the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016. Next topic: River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016.

Key People and Terms

Juristic person Legal entity
In loco parentis In place of a parent
Te Awa Tupua Whanganui River person
Rights of nature Legal rights for ecosystems
Public trust State as trustee
NMCG National Mission for Clean Ganga

Exam Corner

Points to Remember

Order 20 March 2017.
Court: Uttarakhand High Court.
Stay: 7 July 2017.
Parallel: Whanganui.
Custodians include NMCG Director.

Do Not Confuse With

High Court and Supreme Court Declared status versus stayed it
Legal person and national river Rights holder versus national symbol
Ganga and Whanganui India stayed versus New Zealand statute

Memory Hook

March seventeen the Ganga is a person; July seven, the stay says reason.

Mains Angle

Questions ask for date, court, custodians and the stay. These points help.

Idea Legal person
Issues Liability
Status Stay

A Question You May Face

An original practice question, not a past paper question.

“Examine the legal personhood status granted to the Ganga and Yamuna and the issues involved.”

How to Answer

Order 2017.
Idea Juristic.
Issues Liability.
Status Stay.

GS Relevance

Prelims: date, court, custodians, Supreme Court stay. GS Paper 2 and 3: environmental jurisprudence.

Frequently Asked Questions

What did the Uttarakhand High Court decide about the Ganga and Yamuna?

On 20 March 2017, in Mohd. Salim v. State of Uttarakhand, the Uttarakhand High Court declared the Ganga and Yamuna to be legal persons or living entities with all the rights, duties and liabilities of a person. It named the Namami Gange Director, the Chief Secretary and the Advocate General as legal custodians.

Was the order stayed by the Supreme Court?

Yes. On 7 July 2017, the Supreme Court stayed the High Court's order after the State of Uttarakhand appealed, saying that it was unclear who would be liable for harm such as flood damage, and that the rivers flow through several states. The legal status is therefore suspended pending the final decision.

What is a juristic person?

A juristic or legal person is an entity that the law treats as having rights and duties, such as the ability to own property and to sue or be sued. Companies and Hindu idols are examples in Indian law. Rivers cannot act, so humans act as guardians on their behalf.

Which other rivers have been given legal personhood?

New Zealand recognised the Whanganui River as a legal person through the Te Awa Tupua Act in 2017, Colombia's Constitutional Court recognised the Atrato River as a rights holder in 2016, and Bangladesh's Supreme Court recognised all rivers as legal persons in 2019. In India, courts have also made declarations for Sukhna Lake.

Does legal personhood clean the river?

Not by itself. It gives the river a legal voice and strengthens the duty to protect it, but cleaning depends on funds, sewage treatment, regulation of industry and enforcement through programmes like Namami Gange. Practical questions of liability and responsibility across states also remain to be settled.

PYQ Practice — Statement Analysis

1 The Ganga was declared a legal person in 2017.

True

By the Uttarakhand High Court.

2 The Supreme Court upheld the order.

False

It stayed it.

3 The Whanganui River has legal personhood.