The Madurai Bench of Madras High Court declared ‘Mother Nature’ as a ‘living being’ having the status of a legal entity.
- The court invoked the ‘parens patriae jurisdiction’ to declare mother nature as a legal entity.
Court’s observation
- The court observed that the court is hereby declaring ‘Mother Nature’ a ‘living being’ having the status of a legal person with all corresponding rights, duties and liabilities of a living person, in order to preserve and conserve it.
- The court observed that ‘Mother Nature’ was accorded the rights akin to fundamental rights, legal rights, constitutional rights for its survival, safety, sustenance and resurgence in order to maintain its status and also to promote its health and well-being.
- The State and Central governments are directed to protect ‘Mother Nature’ and take appropriate steps in this regard in all possible ways.
- The court further observed that the natural environment is part of basic human rights, of ‘right to life’ itself.
Not the first case
- This is not the first time, the natural bodies were declared legal entities.
- In 2017, the Uttarakhand High court had given Ganga and Yamuna rivers the rights of a “juristic person.”
- The order described “juristic person” as “recognition of an entity to be in law a person which otherwise it is not.”
- Later, the Supreme Court stayed the order of the Uttarakhand High Court recognizing the rivers Ganga and Yamuna as “living entities”.
- The Uttarakhand government had challenged the order on the ground that could the victims of floods in Ganga and Yamuna sue the guardians of the rivers?
What is Parens Patriae ?
- Parens Patriae in Latin means “parent of the nation”.
- In law, it refers to the power of the State to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection.
- The parens patriae jurisdiction is sometimes spoken of as ‘supervisory’”.
- The doctrine of Parens Patriae has its origin in the United Kingdom in the 13th century.
- It implies that the King as the guardian of the nation is under obligation to look after the interest of those who are unable to look after themselves.
(Source: The Hindu)
