Holding that it is the right time to confer juristic status to ‘Mother Nature’, Justice S Srimathy of 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.
Justice S. Srimathy observed that the court is hereby declaring ‘Mother Nature’ a ‘living being’ having the status of a legal person with all corresponding rights, duties and liabilities of a living person, in order to preserve and conserve it. The court observed that ‘Mother Nature’ was accorded the rights akin to fundamental rights, legal rights, constitutional rights for its survival, safety, sustenance and resurgence in order to maintain its status and also to promote its health and well-being.
The State and Central governments are directed to protect ‘Mother Nature’ and take appropriate steps in this regard in all possible ways. The court was hearing petitions filed by A. Periyakaruppan of Theni, who served in the Revenue Department. He had challenged an order passed by the Revenue Department, due to which the petitioner was not allowed to retire from service but put under suspension. The petitioner was then placed under compulsory retirement for issuing a patta (deed) for land that was classified as ‘Forest Land’ in Megamalai. He said that he was only carrying out the orders of his superiors.
The judge said, indiscriminate destruction or change is leading to several complications in the ecosystem and is ultimately endangering the very existence of flora and fauna, forests, water bodies, mountains, glaciers, air and of course humans. Strangely, the destruction is carried out by a few humans. Any such act ought to be checked at all levels. The natural environment is part of basic human rights, of ‘right to life’ itself, she added.
The court observed that under the guise of sustainable development, humans should not destroy nature. If sustainable development destroys biodiversity and resources, it is not sustainable development as it is sustainable destruction. Phrases like ‘sustainable development,’ ‘the polluter pays’ and ‘the precautionary principle’ shall not be allowed anymore.
“Mother Nature is accorded the rights akin to fundamental rights, legal rights, constitutional rights for its survival, safety, sustenance and resurgence in order to maintain its status and also to promote its health and well-being. The State and Central governments are directed to protect ‘Mother Nature’ and take appropriate steps in this regard in all possible ways. ”Madurai Bench of Madras High Court
“The past generations have handed over ‘Mother Earth’ to us in its pristine glory and we are morally bound to hand over the same in a similar fashion to the next generation”.
The judge modified the punishment of compulsory retirement to stoppage of increment for six months without cumulative effect. The consequential monetary benefits shall be conferred on the petitioner. This punishment is imposed for the act done against the ‘Mother Nature,’ the judge observed.
