Rivers as Legal Personalities in India and Bangladesh from an Eco-Centric Perspective: Balancing Developmental Needs and Environmental Protection

Abstract

Recognition of the right to the environment as a human right in several jurisdictions revolutionised the approach towards environmental protection. Nevertheless, the right to the environment has an anthropogenic dimension, and this recognition could not mitigate the environmental crisis faced by the planet. In response to this increasing ecological crisis, the concept of recognising the rights to nature evolved. The Indian judiciary propounded the river Ganges and Yamuna; Glaciers, Gangotri, and Yamunotri as legal personalities and granted them the rights commensurate with that of a human being. This trend gained attention in Bangladesh, which gave all its rivers rights and legal personhood in 2019. Though the decisions followed the more prominent global trend, these decisions differ from the worldwide movement and their decisions in the articulation of rights and implementation. This paper critically evaluates the legal developments in the rights to nature jurisprudence in India and Bangladesh, focusing on the right to rivers. A critical understanding of the judicial developments is essential in analysing the potential of giving the rights of rivers in improving environmental protection strategies. Considering the impact of these judgments in the transboundary context, the paper looks into the impacts and implications of this recognition on transboundary river governance in India and Bangladesh. The article articulates an eco-centric approach as the starting point for evolving a global perspective in recognising the rights of rivers.