Saturday | 11 January 2025 | Reg No- 06
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Saturday | 11 January 2025 | Epaper
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River can now sue as legal personhood granted to it

Published : Wednesday, 8 January, 2025 at 12:00 AM  Count : 321
Mst Sumaia Akter Jonaki
The recent ruling by the Supreme Court of Bangladesh granting legal personhood to the Turag River raises an essential question: why do rivers need permission to sue? The answer lies in the increasing threat faced by rivers due to pollution, encroachment, and unregulated development. For rivers like Turag, which have been heavily polluted and encroached upon, this legal recognition serves as a crucial tool to protect their very existence. And if Turag can now sue for its protection, could other rivers in Bangladesh also follow suit?
 
In February 2019, the Supreme Court of Bangladesh issued a landmark judgment regarding the Turag River, which granted the river legal personhood. The Court emphasized the need to protect the Turag River from encroachment and pollution, recognizing its vital role in the ecosystem and the health of nearby communities. This ruling established a precedent for granting legal rights to rivers, empowering them to challenge those who threaten their existence through illegal activities such as pollution or encroachment.
 
Under this judgment, Turag River was granted the status of a legal person, allowing it to sue any entity that harms it. The government was appointed as the trustee to act on the river's behalf, ensuring that its legal rights are protected. This decision marked an important shift in how environmental protection is approached, with nature itself being recognized as a rights-bearing entity capable of seeking justice in a court of law.
 
So why is this necessary? Rivers like Turag have suffered for years, with illegal activities destroying their natural resources. The recognition of rivers as legal persons shifts the responsibility of protecting these waterways from environmental activists or local authorities to the legal system itself. By granting rivers legal rights, they are no longer passive entities subject to exploitation-they are now active participants in the legal process.
  
One of the most significant challenges is the role of the government as the trustee of these rivers. If the government itself contributes to pollution or environmental harm, can it effectively fulfill its responsibility as the river's guardian? This paradox creates a tension between the legal framework established by the ruling and the practical realities of environmental governance in Bangladesh.

In Bangladesh, where citizens often struggle to enjoy basic human rights, the hope is that this ruling will lead to a more robust framework for environmental justice. For this ruling to be effective there must be concrete actions: stronger enforcement of environmental laws, a shift in public attitudes, and a legal infrastructure that can support the real needs of rivers. Only then will the recognition of rivers as legal persons translate into meaningful protection.
 
Ultimately, the question of whether rivers can sue is more than just a legal query; it's a call to rethink our relationship with nature. If the ruling leads to real environmental change, it could pave the way for a more sustainable and just future for Bangladesh's rivers. If not, it risks remaining a symbolic gesture, with little effect on the rivers it seeks to protect. The real challenge is not just granting rights, but ensuring that these rights lead to real-world changes that safeguard the future of Bangladesh's waterways.

The writer holds an LL.M from American International University, Bangladesh


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