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Research Paper Volume 8 Issue 3 1701 - 1722 May 26, 2025

Sacred Waters, Legal Rights: Reconceptualizing Personhood for Indian Rivers in the Anthropocene

Lead author · Corresponding
Suji Cheriyan
Assistant Professor at Bharata Mata School of Legal Studies, Aluva, Ernakulam, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.119997
Abstract

This article examines the emerging jurisprudential concept of granting legal personhood to rivers in India, a nation where waterways hold profound religious and cultural significance while simultaneously suffering severe environmental degradation. The analysis contextualizes India's judicial experiments with river rights within the broader global movement toward rights of nature. Through critical examination of landmark cases, particularly the short-lived recognition of the Ganges and Yamuna rivers as legal persons by the Uttarakhand High Court, this article identifies both the revolutionary potential and practical limitations of applying legal personhood to natural entities. The study interrogates theoretical justifications for river rights through multiple lenses: Hindu cosmology and religious traditions that venerate rivers as divine; indigenous ontologies that conceptualize non-human entities as relational beings rather than resources; and Western legal frameworks that have historically limited personhood to humans and corporations. The article argues that while legal personhood for rivers represents a paradigm shift in human-nature relationships, significant doctrinal and implementation challenges persist. These include questions of standing, representation, liability, jurisdictional fragmentation, and enforcement mechanisms. Nevertheless, this jurisprudential innovation offers promising pathways for reimagining environmental governance in ways that might better protect vital ecosystems. The article concludes that granting legal personhood to rivers requires reconceptualizing fundamental legal categories while simultaneously developing robust institutional frameworks capable of giving practical effect to these novel rights.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 1701 - 1722
DOI: https://doij.org/10.10000/IJLMH.119997
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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