India: Mother Nature Can Sue And Be Sued

Meanwhile, at a courthouse in Madras, India…

     The bizarre notion of treating “Mother Nature” as a person with inalienable human rights can be easily laughed at, but it is increasingly being not only pushed but also implemented, most lately by the High Court of Madras in India:

“The Madras High Court has invoked the ‘parens patriae jurisdiction’ to declare Mother Nature as a Living Being with all corresponding rights, duties and liabilities of a living person, in order to preserve and conserve them.

“The Madurai bench of the HC in its recent order placed immense importance on conserving nature, while dealing with a petition from a former Tahsildar-level official who sought to quash the disciplinary proceedings against him for allegedly granting patta (land deed) for government land classified as ‘Forest Poramboke Land’ to certain individuals.

“…

“She said the past generations have handed over Mother Earth in its pristine glory and that we are morally bound to hand over the same to the next generation.

“‘It is right time to declare/confer juristic status to the “Mother Nature”. Therefore this Court by invoking “parens patriae jurisdiction” is hereby declaring the ‘Mother Nature’ as a ‘Living Being’ having legal entity/legal person/juristic person/juridical person/moral person/artificial person having the status of a legal person, with all corresponding rights, duties and liabilities of a living person, in order to preserve and conserve them.’

“‘They are also accorded the rights akin to fundamental rights/legal rights/constitutional rights for their survival, safety, sustenance and resurgence in order to maintain its status and also to promote their health and wellbeing. The State Government and the Central Government are directed to protect the “Mother Nature” and take appropriate steps to protect Mother Nature in all possible ways,’ the court said.”

     So, just how does a court enforce violations by nature? How will it be enjoined against natural disasters? How will it compensate the injured or dead? How to you imprison the planted itself?

     All sound and fury… signifying nothing (except madness).


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