International Journal of Research in Social Sciences
  • Year: 2018
  • Volume: 8
  • Issue: 5

Treating rivers as living entities

  • Author:
  • Mr. Pramod Ranjan
  • Total Page Count: 14
  • Page Number: 59 to 72

Assistant Professor, Institute of Legal Studies, C.S.J.M.University, Kanpur, Uttar Pradesh, India

Online published on 12 July, 2019.

Abstract

In a world-first a New Zealand river has been granted the same legal rights as a human being. The local Maori tribe of Whanganui in the North Island has fought for the recognition of their river, the third-largest river in New Zealand as an ancestor for 140 years. Hundreds of tribal representatives wept with joy when their bid to have their kin awarded legal status as a living entity was passed into law. All Maori tribes regarded themselves as part of the universe, at one with and equal to the mountains, the rivers and the seas.1

The reason behind this approach is because they consider the river an ancestor and always they have fought to find an approximation in law so that all others can understand that from our perspective treating the river as a living entity is the correct way to approach it, as in indivisible whole, instead of the traditional model of treating it from a perspective of ownership and management. The new status of the river means if someone abused or harmed it the law now sees no differentiation between harming the tribe or harming the river because they are one and the same. Now river Whanganui will have its own legal identity with all the corresponding rights, duties and liabilities of a legal person.

The approach of granting legal personality to a river is unique. It responds to the view that of Whanganui River which has long recognised through its traditions, customs and practice. As court has ordered two guardians will be appointed to act on behalf of the Whanganui River, one from the crown and one from the Whanganui's Iwi community. The new law now honoured and reflected their worldview and could set a precedent for other. 2

Keywords

Ancestor, Approximation, Custom, Approach, Guardians, Corresponding, Practice