History, Religion, and Law Intertwined
The Ganges River, or Ganga, is more than just a body of water; it is a symbol of life, purity, and spiritual renewal in India. For centuries, the Ganges has been central to the cultural and religious practices of millions, with its waters believed to purify the soul and cleanse sins. The river’s sacredness is deeply ingrained in Hindu mythology, where it is personified as the goddess Ganga, descending from the heavens to cleanse the earth. This spiritual reverence, however, stands in stark contrast to the river’s current state of pollution, which threatens its ability to sustain life.
The historical significance of the Ganges is closely tied to its role in supporting agriculture, fishing, and daily life for communities along its banks. The river has historically provided irrigation for one of the most fertile agricultural regions in the world, supporting crops such as rice, wheat, and sugarcane.
In March 2017, the Uttarakhand High Court ruled that the Ganges River and its main tributary, the Yamuna, would be granted the same legal rights as human beings. This groundbreaking decision aimed to protect these rivers from environmental degradation, drawing on precedents such as Ecuador's 2008 recognition of nature's rights and New Zealand's acknowledgment of the Whanganui River as a legal person. However, the legal status of the Ganges and Yamuna as "living entities" faced significant challenges, especially given the complexities surrounding the Ganges, which impacts the lives of over 500 million people. Unlike previous cases, the sheer scale of the Ganges River presented a more difficult legal and practical scenario. Ultimately, the ruling was overturned by India's Supreme Court, which declared that rivers cannot be treated as legal persons. The Court raised concerns about the practical implications of holding governments responsible for the rivers' rights, particularly considering the extensive pollution and environmental degradation they face. Despite the High Court's intentions to protect these vital water bodies, the Supreme Court's decision underscored the challenges in implementing such a legal framework. While the concept may seem impractical, this holistic approach—treating the Ganges River Basin as a living entity—could be precisely what is needed to ensure its protection and restoration, acknowledging its role as a source of life for millions.
