Madras High Court declares “Mother Nature” legal person with rights, duties, liabilities

The Madurai Bench of the Madras High Court recently declared “Mother Nature” as a “living being” with the status of a legal person, with all corresponding rights, duties and liabilities of a living person and urged to preserve and conserve them [A Periyakaruppan v The Principal Secretary]..Justice S Srimathy, therefore, directed that the State and Central governments to conserve “Mother Nature” and take appropriate steps to protect it in all possible ways.“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 well-being” the single-judge stated..The declaration came while hearing a plea against an order of the government imposing compulsory retirement and reducing one third of the petitioner’s pension and retirement gratuity as penalty for granting patta to forest land.The petitioner contended that the harsh punishment was imposed for carrying out the orders of the Madurai assistant settlement officer, who had been let off scot free. It was highlighted that the director of survey and settlement who treated land in question as Ryoti, was also let off scot-free..Further, it was stated that the patta was eventually cancelled and there was no monetary loss and therefore, the punishment imposed was extremely harsh.The respondents, however, stressed that the petitioner was duty-bound to protect the lands but failed..The High Court found that since the petitioner was similarly placed as his co-delinquents against whom proceedings were dropped or quashed, he was also entitled to be treated on par with them.“On hearing the rival contentions this Court is of the considered opinion since the co-delinquent’s disciplinary proceedings were quashed, the petitioner is entitled to the same benefit as held in various cases”, the single judge said while observing that delinquents deserved to be treated equally in matters of punishment in departmental proceedings..Despite this, the fact that the land was classified as “forest land”, certain reservations were expressed by the court.Justice Srimathy highlighted that mother nature needs to be preserved, and any act against it ought to be checked at all levels since natural environment was a part of the basic human right of right to life.“Indiscriminate destruction or change is leading to several complications in ecosystem, ultimately is endangering the very existence of the animals, flora and fauna, forests, rivers, lakes, water bodies, mountains, glaciers, air and of course human. Strangely the destruction is carried on by few humans. Any such act ought to be checked at all levels,” the Court said. .The single-judge said that under the guise of sustainable development, human beings should not destroy the nature.“The phrases like 'sustainable development', 'the polluter pays', 'the precautionary principle' shall not be allowed anymore”, it was observed.With this, the court invoked its parens patriae (parent of the nation) jurisdiction and declared mother nature a living being..Therefore, taking note that the petitioner had issued patta to the Megamalai forest land, it was concluded that he ought to be punished.The punishment of compulsory retirement was modified to stoppage of increment for six months without cumulative effect. However, consequential monetary benefits have to be conferred on the petitioner, the Court clarified. “This punishment is imposed for the act done against mother nature,” the judgment made it clear. .Advocate S Visvalingam appeared for the petitioner, and the respondents were represented by Special Government Pleader D Farjana Ghoushia..[Read Judgment]