Environmental Personhood – The GW Point Source

By Monishaa Suresh

As countries around the world begin to grant legal personhood to environmental resources, three stand out in conferring legal personhood to rivers – New Zealand with the Whanganui, Colombia with the Atrato, and India with the Ganges. New Zealand chose to grant personhood to the Whanganui via legislative action, whereas, the Atrato secured legal personhood in Colombia in a High Court decision. In India, a state court granted the Ganges personhood, which was ultimately reversed at the Supreme Court level. The precedents set in New Zealand and Colombia, however, offer India possible pathways to re-grant the Ganges personhood at the national level.

By Monishaa Suresh

This is the first entry of a two-part post on environmental personhood. It defines and explains the history of environmental personhood both domestically and internationally. The second post explores the concept of legal personhood for rivers with a focus on two rivers that have already been granted personhood — the Whanganui in New Zealand and the Atrato in Colombia.

“Legal personhood” can be conferred to non-human entities, essentially treating them as people for limited legal purposes such as allowing the entities to sue, own property, and enter into contracts. This is not a new concept as corporations have long been considered “legal persons.” This then begs the question: if we can confer such legal protection to multi-billion dollar corporations, why can’t we do the same for the environment?

Category: Environmental Personhood

Riverine Rights Around the World – Three Case Studies

Environmental Personhood and the Rights of Rivers