Legal Personhood of Rivers in Bangladesh: Judicial Responses and Legal Implications
Year: 2025
Type: article
Abstract: In 2019, all the rivers of Bangladesh have been recognized in law as legal personhood or legal entities through a landmark verdict which was pronounced by The Supreme Court of Bangladesh. This declaration was given with an aim to protect and preserve the ecosystem of all the rivers by addressing some significant rights and by granting them the capacity to be represented in legal proceedings to ensure such rights. This concept of legal personhood of rivers has been acclaimed globally, with notable examples of Whanganui River in New Zealand, Ganges and Yamuna River in India. These legal precedents establish a basis for the rivers to hold rights like the right to flow, to be free from pollution, to protect native biodiversity and regeneration and restoration. To safeguard the vulnerable rivers and ensure water security, we need time-tailored river protection enactments to secure the ecological balance of rivers in Bangladesh. Here the challenge is to implement this innovative concept of river personhood that must identify the scope of these rights, addressing the right forum to represent the rivers before the judicial authorities for such rights and incorporate these rights within the existing legal system. This paper explores the legal status of rivers of Bangladesh through judicial decisions and legal implications and highlighted the challenges to implement the legal rights of rivers in Bangladesh. Through critical analysis author try to address whether legal entity of rivers provide a better protection to the rivers of Bangladesh or not. Finally, through various enacted river protection laws and case studies it examines the future prospects and challenges to apply such an innovative concept of personhood of rivers to ensure legal rights of all the rivers situated in Bangladesh.
Authors: Tamanna, Tanjila, Rashpi, Raspiatur
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6949467781