India: Symbolism for Sacred Ganga

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Legal personhood to sacred rivers: The ruling gave symbolism, not solutions.

In recent years, India’s higher judiciary has increasingly ventured into domains traditionally reserved for the legislature or executive, issuing rulings that, while well-intentioned, often blur legal boundaries. Legal scholars and former judges have raised concerns over this tendency, pointing to a pattern of judgments marked by doctrinal ambiguity, administrative overreach, and, at times, an uneasy blending of constitutional law with religious sentiment. A striking example of this trend is the Uttarakhand High Court’s 2017 decision in Mohd Salim v. State of Uttarakhand, which conferred legal personhood upon the Ganga and Yamuna rivers. While the verdict sought to address grave environmental degradation, it did so through a ruling that raises far-reaching legal and constitutional questions.

This extraordinary judgement, inspired by environmental degradation and bureaucratic inaction, sought to breathe legal life into two of India’s most sacred and imperilled rivers. But while the intention was noble, the judgment has sparked a vigorous debate in legal and environmental circles. Was this an act of environmental jurisprudence or judicial overreach? And can such a declaration survive the weight of administrative and constitutional scrutiny?

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