Tamirabharani not just a river but a deity and has personhood, says HC
The Madras High Court has granted the Tamirabharani river the status of a 'juristic person' to protect it from pollution. The court emphasized that this legal innovation is necessary to address environmental degradation through both law and spiritual ecology.
Why it matters
This sets a significant legal precedent in India for environmental conservation by granting personhood to natural resources.
“Deity is a juristic personality. River Tamirabharani is admittedly worshipped as a deity by Hindus. Therefore, it partakes the character of a person. We, therefore, make it clear that we recognise the personhood of the Tamirabharani not because it is a river but because She is a deity. No one has a right to pollute her,” the Madurai Bench of the Madras High Court has held.
A Division Bench of Justices G.R. Swaminathan and B. Pugalendhi said polluting the river would be a breach of not only statutory provisions found in various environmental laws and fundamental rights of fellow citizens under Article 21 of the Constitution, but also the rights of the River Herself. She was hereby recognised for Her own intrinsic value.
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