'Mother Nature' is a living being... with rights and duties': Madras High Court

Context

The Madurai Bench of Madras High Court invoked the ‘parens patriae jurisdiction’, and declared ‘Mother Nature’ as a ‘living being’ having the status of a legal entity.

What is Legal Entity Status?

• A legal entity is an entity that acts in the same way as a natural person whose actions are governed by the law.
• A juristic person is a non-human legal entity recognized by the law and entitled to rights and duties in the same way as a human being.

About Legal rights for nature: Background

• The movement for legal personhood for the environment and animals began in the 1970s.

• This concept was articulated by Christopher D. Stone in his thesis, Should Trees Have Standing.
• In this compelling piece, the author makes an argument for the environment to have independent legal rights, much like what was granted by the judgment of the Uttarakhand High Court in 2017.
• He highlights how the theory of rights has developed over the years and that many inanimate objects have both rights and legal duties. 
• They can sue and be sued.

Court’s Observation

• The Madurai Bench declared ‘Mother Nature’ a ‘living being’ having the status of a legal person with all corresponding rights, duties and liabilities of a living person.
• The State and Central governments are directed to protect ‘Mother Nature’ and take appropriate steps in this regard in all possible ways. 

Significance 

• The Legal Person status will accord ‘Mother Nature’ with the rights akin to fundamental rights, legal rights, constitutional rights for its survival, safety, sustenance and resurgence.
• Mother Nature’ is a ‘living being’ having the status of a legal person with all corresponding rights, duties and liabilities of a living person.
• This will preserve and conserve biodiversity and resources, thereby preventing the destruction of nature.