Whanganui River Granted Legal Personhood: A Historical Shift

In a groundbreaking move that reverberated across the globe, the Whanganui River in New Zealand etched its name in history as the first natural entity to be granted legal personhood, inheriting the same rights, duties, and liabilities as a human being. This landmark decision, culminating from a tenacious 170-year struggle spearheaded by the local Maori tribe, the Iwi, marks not just a legal victory but a profound shift in our understanding of the natural world and our relationship with it.

For the Whanganui Iwi, this recognition transcends mere legal jargon. The river, coursing 145 kilometres from the heart of the North Island to the vast ocean, is not just a geographical feature; it is a living entity, deeply intertwined with their spiritual identity. Their worldview embraces the interconnectedness of all things – the rivers, the mountains, and the sea are all imbued with life, deserving of respect and protection. The passing of the bill by the New Zealand parliament on Wednesday signifies a monumental acknowledgement of this indigenous perspective, embedding it within the fabric of the nation’s legal framework.

The implications of this legal personhood are far-reaching. No longer can the Whanganui River be viewed merely as a resource to be exploited. Now, any harm inflicted upon it will be legally equivalent to harming the Iwi themselves, forging an unbreakable bond of responsibility and accountability. To ensure the river’s voice is heard and its rights are upheld, two guardians will be appointed – one representing the Crown and the other nominated by the Whanganui Iwi. These guardians will act as the legal representatives of the river, advocating for its well-being and ensuring its flourishing.

While New Zealand’s decision marks a global first for a river, the concept of recognising the Rights of Nature is not entirely new. Ecuador, a nation deeply rooted in its rich biodiversity, took a pioneering step in 2008 by enshrining the Rights of Nature directly into its Constitution. This visionary move acknowledged the inherent rights of ecosystems to exist, persist, maintain, and regenerate their vital cycles, structures, functions, and evolutionary processes. Furthermore, the Ecuadorian Constitution empowers its citizens to act on behalf of these ecosystems and mandates the government to redress any violations of these rights, even allowing the ecosystem itself to be named as a defendant in legal proceedings. Ecuador’s bold step served as an inspiring precedent, igniting conversations and movements advocating for a paradigm shift in how legal systems perceive and interact with the natural world.

Inspired by these global developments and deeply rooted in their own cultural reverence for nature, India too has begun to contemplate a similar legal recognition for its sacred rivers. The holy Ganga, revered and worshipped as a mother by millions, may soon be granted the same legal standing as a living entity. While this potential recognition cannot undo the extensive damage inflicted upon the river system in the name of development, it holds the promise of acting as a powerful deterrent against future harm, reinforcing the intrinsic value and sanctity of this vital waterway.

The dominant legal frameworks across the world have historically been anthropocentric, viewing nature primarily as a resource for human consumption. Filing environmental lawsuits often necessitates proving direct personal injury, a hurdle that can be virtually insurmountable, especially when trying to establish a conclusive link between environmental degradation, such as polluted drinking water, and specific health issues like cancer.

The burgeoning movement advocating for the Rights of Nature and the granting of legal personhood to natural entities offers a compelling alternative. By shifting the legal lens to recognise the inherent value and rights of nature, these frameworks aim to redress the imbalance in our legal systems. They move beyond the notion of nature as a mere commodity and instead acknowledge its intrinsic worth, paving the way for a more harmonious and sustainable coexistence between humanity and the natural world.

Adding to this growing global momentum, on March 20, 2017, the Uttarakhand High Court in India took a significant step by recognising the Ganga and the Yamuna rivers as “living entities,” granting these rivers, which have endured years of human-induced damage, a legal voice. The court further directed the government to establish a Ganga Administration Board dedicated to the cleaning and improved maintenance of the river. Key officials were entrusted with the responsibility of protecting, conserving, and preserving these vital rivers and their tributaries.

The legal recognition of the Whanganui River, alongside Ecuador’s constitutional provisions and India’s ongoing considerations, represents a profound turning point in our relationship with the natural world. It signifies a growing global awareness that the health and well-being of our planet are inextricably linked to our own. By granting nature legal standing, we are not just protecting ecosystems; we are acknowledging their inherent right to exist and thrive, paving the way for a future where both humanity and nature can flourish in harmony. This is more than just a legal evolution; it is a fundamental shift in our understanding of life itself and our place within the intricate web of existence.

24 thoughts on “Whanganui River Granted Legal Personhood: A Historical Shift

  1. Harsh Wardhan Jog's avatar Harsh Wardhan Jog

    गंगा तो हमारी अम्मा एक ज़माने से है पर अफ़सोस साफ़ नहीं रख सके.

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    1. हजारों सालों से हम गंगा की पूजा कर रहे हैं। हम उसे दुर्व्यवहार कर रहे हैं लेकिन उसकी कोई आवाज नहीं है। यह सही समय है कि हम उसे आवाज देते हैं। We give her voice to protest.

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      1. Harsh Wardhan Jog's avatar Harsh Wardhan Jog

        करके देखा जा सकता है. मुर्दे, सीवर, फक्ट्रियों का बेकार पानी सब नदियों में. सफाई का बिस्मिल्लाह ही नहीं हो पा रहा , करना भी मुश्किल है. दिल्ली के नजदीक कई छोटी नदियाँ थी जैसे हिंडन, बरसाती नदी छबीली सभी मरने के कगार पर हैं. राम भली करे अगली पीढ़ियों का!

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  2. My view is slightly different, keeping in view the legal system, religious sentiments and their exploitation for ulterior motives. A country in which the basic rights of people are not respected, talking about the rights of one sacred entity is quite absurd as one will lead to another and we have many more such sanctums, deeply revered by people.

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        1. The court also instructed the government to form a Ganga Administration Board for cleaning and better maintenance of the river. The Director, Namami Gange project for cleaning and rejuvenating the river, and the Chief Secretary and the Advocate General of Uttarakhand have been charged to protect, conserve and preserve the rivers and their tributaries.

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  3. “Now that I am here, things will change.”
    There have been hundreds, if not thousands, of Action Plans I have seen in over thirty years. Nothing has changed.
    I can only hope this one does.
    Frankly, we just don’t care about what happens to others, people and things.

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