Madras High Court Rules ‘Mother Nature Is A Living Being’, Grants Full Rights

In a case involving a government official who was denied full pension for allotting Forest Land to a private individual, the judge ruled that mother nature will be given corresponding rights as a living individual.

Observing that humans are destroying nature indiscriminately in the name of sustainable development, the judge, Justice Srimathy said, “if sustainable development finishes off all our biodiversity and resources, then it is not sustainable development, it is ‘sustainable destruction’.”

Justice S. Srimathy invoked a ‘parens patriae jurisdiction’ during the ruling. ‘Parens patriae jurisdiction' is used as an intervention by the court when it feels that a custodian is not acting on behalf of the wellbeing of a citizen or citizens.

Can Our Natural Ecosystem Have Rights?

While the jury is out there, most people agree that in order for humans to survive it is important that we conserve nature.

Many countries including India have granted legal rights to nature in the past. In 2008 Ecuador was the first country in the world to assign and implement the Rights of Pachamama (Mother Earth) to nature. In 2017 the Uttarakhand High Court granted living rights to glaciers in a case involving the rivers Ganga and Yamuna the same ‘parens patriae jurisdiction’.

The Madras High Court Ruling

Justice S Srimathy referred to the judgement passed by the Uttarakhand High Court in 2017 while making this ruling.

She said, “the phrases like ‘sustainable development’, ‘the polluter pays’, ‘the precautionary principle’ shall not be allowed anymore.”

She also added that these “development” projects need to be checked at every level.

“They are also accorded the rights akin to fundamental rights/legal rights/constitutional rights for their survival, safety, sustenance and resurgence in order to maintain its status and also to promote their health and wellbeing. The State Government and the Central Government are directed to protect the “Mother Nature” and take appropriate steps to protect Mother Nature in all possible ways,” the court declared.

With this judgement, mother nature now enjoys the same fundamental rights as a living being which include the right against exploitation.

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