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A River Declared a Legal Person, Briefly

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A River Declared a Legal Person, Briefly

In 2017 the Yamuna's sacred and legal standing collided directly with Indian law. The High Court of Uttarakhand, ruling in March of that year on a case concerning pollution and encroachment, declared the Ganga and the Yamuna to be living entities possessing the status of legal persons, with the same rights, duties and liabilities as a human being, appointing named government officials as the rivers' legal custodians responsible for their protection and, implicitly, liable on their behalf. The ruling drew directly on the rivers' religious standing as goddesses, treating their sanctity in Hindu tradition as a reason for, rather than a barrier to, formal legal personhood, and it followed a wave of comparable rulings internationally granting legal rights to rivers and ecosystems.

The decision proved unworkable in practice and was stayed by the Supreme Court of India later the same year, after the state government argued that a river could not sensibly be sued or held liable in the way a legal person can, and no comparable personhood status has since been finalized for the Yamuna. The episode nonetheless remains a striking instance of a modern secular court reaching for the language of an ancient goddess and its own doctrine of legal personhood at the same time, treating Yamuna's sacred character as directly relevant to an argument about environmental law rather than a separate, merely symbolic matter.

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