Tag Archives: Ganges river as legal person

Saving Iconic Rivers: Ganges

Open defecation, India, image from "The Hindu"

The Ganges, arguably the lifeline of India, has its origin in the Himalayas. Once it crosses Gangotri, it flows through Haridwar collecting industrial, agricultural and human waste on its way. Before it culminates in the Bay of Bengal, it passes through various towns and villages lacking sanitation. The Government of India is rolling up its sleeves to clean the 2525 KM long-Ganga and facilitate its flow as it is the source of water for more than 40 per cent of India’s population.

The Institution of Engineering and Technology (IET) is non-profit engineering organisation founded 145 years ago, the IET is one of the world’s leading professional societies for the engineering and technology community. The IET has more than 167,000 members across 150 countries. In India, the IET has over 13,000 members, eight Local Networks and focuses on Energy, Transport, Information & Communications, IoT and Education sectors.

In March 2017, a panel formed by the Institution of Engineering and Technology (IET) on IoT (Internet of Things) were invited to consult the Government of India’s National Mission for Clean Ganga (NMCG) to discuss the ways to clean the river. According to IET, the leaders discussed and tried to identify ways to improve the water flow in Ganga, better treatment of pollutants via sewage and effluent treatment plants, need for controlling unregulated sewage, open defecation,  and handling chemical runoff from agricultural lands (fertilisers and pesticides).

The IoT technology could be used in providing real-time information of pollution status and enabling the industries and societies to find alternate means of disposal of waste.   Other technologies being used to clean up the river Unmanned robotic water surface vehicle with drones: The vehicle can be programmed to collect all the pollutant waste through its arms and offload the same. It works 24X7 and under all weather conditions. More, it can actually submerge to clean up pollutants on even the riverbed. A set of drones is used with it to collect videos of the pollutants.

Gumps- Detectors for pipeline leaks: The Guided Ultrasonic Monitoring of Pipe Systems (GUMPS) can detect oil leakages from oil pipelines that are laid across the river bed of the Ganga River. They continuously monitor pipelines and alert any impending leaks, thus preventing loss of marine life and pollution due to oil leakages.

Excerpts, Alekhya Hanumanthu ,Using technology for clean Ganga, Telangana Today,Oct. 10, 2017

How to Become a Legal Person: World Rivers

Whanganui River, image from wikipedia

The new law that declares the Whanganui river, New Zealand’s third-longest, a legal person, in the sense that it can own property, incur debts and petition the courts, is not unprecedented. Te Urewera, an area of forested hills in the north-east that used to be a national park, became a person for legal purposes in 2014….

The law, which was approved on March 15th, 2017 stems from disputes over the Treaty of Waitangi, by which New Zealand’s indigenous Maori ceded sovereignty to British colonialists in 1840. The treaty was supposed to have protected Maori rights and property; it was observed mainly in the breach. In recent years the government has tried to negotiate settlements for breaches of the treaty with different Maori iwi, or tribes. For the Whanganui iwi, the idea of the river as a person is nothing new. The iwi professes a deep spiritual connection to the Whanganui: as a local proverb has it, “I am the river and the river is me.” The law acknowledges the river as a “living whole”, rather than trying to carve it up, putting to rest an ownership dispute that has dragged on for 140 years. When it was passed, members of the iwi in the gallery of parliament broke into a ten-minute song of celebration.

In practice, two guardians will act for the river, one appointed by the government and one by the iwi. Mr Finlayson, the minister in charge of negotiations tied to the Treaty of Waitangi, hopes the change will help bring those who do environmental damage to the river to book. Under the settlement the government will also pay the iwi NZ$80m ($56m) as compensation for past abuses and set up a fund of NZ$30m to enhance the “health and well-being” of the river. It is one of 82 deals that aim to remedy breaches of the treaty, including one with the Tuhoe iwi that made Te Urewera into a person.

Days after the law passed, an Indian court declared two of the biggest and most sacred rivers in India, the Ganges and Yamuna, to be people too. Making explicit reference to the Whanganui settlement, the court assigned legal “parents” to protect and conserve their waters. Local lawyers think the ruling might help fight severe pollution: the rivers’ defenders will no longer have to prove that discharges into them harm anyone, since any sullying of the waters will now be a crime against the river itself. There is no doubt that of the 1.3bn-odd people in India, the Ganges and the Yamuna are among the most downtrodden.

Excerpts from Hydrological Jurisprudence: Try me River, Economist, Mar. 25, 2017

See also Do Trees have Standing? by Christopher Stone