This is an archive article published on May 12, 2017
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Once upon a river

Ganga and Yamuna are legal persons now. What does this mean for these cesspools of pollutants, still revered by people, but which have lost any connect to their lived experiences?

Written by: Kaushik Das Gupta
7 min readMay 12, 2017 12:05 AM IST First published on: May 12, 2017 at 12:05 AM IST
 Ganga, Yamuna living body, Yamuna river, Uttarakhand HC, Uttarakhand HC Yamuna river, Treaty of Waitangi, legal rights to Yamuna, Ganga legal rights, Indian Express C R Sasikumar

In the Third week of March, while welcoming the rivers Ganga and Yamuna as legal persons, Justice Rajiv Sharma and Justice Alok Singh of the Uttarakhand High Court observed that they were inspired by lawmakers in New Zealand. Barely a week earlier, the New Zealand Parliament had conferred legal personhood to the country’s third longest river, the Whanganui, bringing to an end a more than 140-year old dispute.

In 1840, when the Maori tribes ceded sovereignty to the British colonists, the Treaty of Waitangi promised protection of their natural resources including the Whanganui. But the treaty was observed only in the breach, leading the communities, who profess a deep spiritual connection to the Whanganui, to take the issue of ownership of the river to the courts in the early 1870s. As the protracted dispute drew to a close, Maoris at the gallery in New Zealand’s Parliament broke into a song of celebration. Some wept tears of joy.

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