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    Rights of Nature - Discussion Forum I JULY 2024-25

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    Rights of Nature - Discussion Forum I JULY 2024-25

    Uploaded by

    Arvind
    9 views10 pages

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    Rights of Nature - Discussion Forum I JULY 2024-25 (1)

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    9 views10 pages

    Rights of Nature - Discussion Forum I JULY 2024-25

    Uploaded by

    Arvind

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    Rights of

    Nature
    Ego-centric approach: Humans are apart
    from nature.

    Eco-centric Approach: Humans are a part of


    nature.
    Watch these videos to
    better understand
    Rights of Nature
    https://youtu.be/lubNvaTigAU

    https://youtu.be/qXQuPsElKPo
    What is rights of nature?

    Recognizing that ecosystems and


    natural communities are not merely
    property that can be owned. Rather,
    they are entities that have an
    independent and inalienable right to
    exist and flourish.
    Rights of nature is gaining recognition
    throughout the world.

    Being adopted through various means. Three of


    which are: (examples in upcoming slides)
    1. Constitution
    2. Legislations
    3. Judicial intervention
    Ecuador recognised “Rights of Nature” under its Constitution in 2008 – First country to give
    recognition
    Excerpts from their Constitution given below:

    “Right to integral respect for its existence and for the maintenance and regeneration of its life
    cycles, structure, functions and evolutionary processes.”

    “All persons, communities, peoples and nations can call upon public authorities to enforce the
    rights of nature.”

    “The State shall give incentives to natural persons and legal entities and to communities to
    protect nature”

    “The State shall apply preventive and restrictive measures on activities that might lead to the
    extinction of species, the destruction of ecosystems and the permanent alteration of natural
    cycles.”
    Monjas River Mangroves Los Cedros Cloud Forest
    Australia: The Great Ocean Road and Environs Protection Act
    passed in June 2020 - recognizes the Great Ocean Road as “one
    living and integrated natural entity”

    Spain: The Mar Menor Lagoon given status of legal entity


    S. No. Case Citation Court Held

    1. CEL, WWF-India v. I.A. No. 100 in Supreme Article 21 of the Indian Constitution casts an
    Union of India Writ Petition Court obligation on human beings to protect and
    (2013) (Civil) No. 337 of preserve a specie becoming extinct.
    1995
    2. Animal Welfare Civil Appeal No. Supreme All living creatures have inherent dignity and a
    Board v. A. Nagaraja 5387 of 2014 Court right to live peacefully.
    (2014)
    3. Lalit Miglani v. State Writ Petition HC of Invoking parens patriae jurisdiction to
    of Uttarakhand (PIL) No.140 of Uttarakhand declare the Glaciers including Gangotri &
    (2017) 2015 Yamunotri, rivers, streams, rivulets, lakes, air,
    meadows, dales, jungles, forests wetlands,
    grasslands, springs and waterfalls, legal entity
    with all corresponding rights, duties and
    liabilities of a living person, in order to
    preserve and conserve them. They were also
    accorded the rights akin to fundamental rights.
    4. A. Periyakaruppan v. W.P.(MD)Nos. Madras HC Invoked parens patrie to declare ‘Mother
    The Principal 18636 of 2013 Nature’ as a legal person.
    Secretary, Revenue and 3070 of
    Department, 2020
    Chennai
    DISCUSS
    1. Importance of recognition of rights of nature. Give examples of
    countries that have recognized the Rights of Nature in their legal
    system to support your answers.

    2. Considering that Rights of Nature is a concept that is now gaining


    traction, there are bound to be certain hurdles in implementation.
    Discuss the various hurdles and suggest how they may be tackled.

    Examples of hurdles:
    a) Human rights v. rights of nature
    b) Inter-species rights. Currently apex predators are given more importance.
    c) Impact on existing concepts such as sustainable development. Since nature, as
    a legal entity, would have a right against exploitation.
    Reading Suggestion

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