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India court case Salim v. State of Uttarakhand establishing legal personhood for the Ganga and Yamuna Rivers

India
State of Uttarakhand
Overturned in 2017
Case
Personhood, Rights Of Nature
Ganga and Yamuna Rivers
Freshwater Ecosystem
High Court of Uttarakhand; Judge Rajiv Sharma, J.
Court

Summary

In 2014, Mohammed Salim filed a lawsuit in the High Court of Uttarakhand of India over illegal construction and encroachments along the Ganges River. In March 2017, the High Court in Uttarakhand state ruled that the Ganga and Yamuna rivers are in danger of losing their existence and are therefore declared legal entities with rights. The court appointed two top state officials as the “legal guardians” of the rivers who will represent their rights.

The Ganges river and its tributary the Yamuna are two of the country’s major rivers. The move was a measure to increase protection for the rivers, which are deeply venerated in India but are heavily polluted. The river Ganges – worshipped in Hinduism as “Ganga Mata” or mother – is a lifeline to more than 500 million people across India. In its ruling, the High Court of Uttarakhand recognized that Hindus hold a “deep faith” in the two rivers and they “collectively connect with them”, stating that “the rivers are central to the existence of half of the Indian population and their health and well being. They have provided both physical and spiritual sustenance to all of us from time immemorial.”

However, Uttarakhand’s state government took the issue to the Supreme Court, arguing that the declaration was legally unsustainable. In July 2017, India’s Supreme Court overturned the earlier ruling by the High Court in Uttarakhand and determined that the Ganges and Yamuna rivers cannot be viewed as living entities.

Legal Document

To see the original legal document(s) for this initiative, click the links below:

Salim v. State of Uttarakhand Judgment [PDF]

Additional Resources

To see other supplementary information related to this initiative, click the links below:

Yale University Press - Of Holy Rivers and Human Rights: Protecting the Ganges by Law
The Guardian - Ganges and Yamuna rivers granted same legal rights as human beings
Smithsonian - India’s Ganges and Yamuna Rivers Are Given the Rights of People
Reuters - India's sacred Ganges and Yamuna rivers granted same legal rights as humans
[Article] India's Ganges and Yamuna rivers are 'not living entities'

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