On 7 July, 2017 Supreme Court stayed the final judgment passed by the Nainital Bench of Uttarakhand High Court in Mohd. Salim v State of Uttarakhand dated 20 March, 2017 that gave recognition to the “legal status as a living person/legal entity to Rivers Ganga and Yamuna r/w Articles 48-A and 51A (g) of the Constitution of India”. The order came upon hearing the Special Leave Petition of State of Uttarakhand against the verdict. The one sentence order reads: “In the meantime, the operation of the impugned order shall remain stayed.” The Bench of 44th Chief Justice of India Jagdish Singh Khehar and Justice D Y Chandrachud heard the petitioner’s counsel in the absence of the counsel for the respondents mentioned as ‘caveator-in-person’.The misreporting of the order by media provided an incorrect impression that Supreme Court has pronounced that Ganga and Yamuna rivers are not living entities. In a legal context wherein Paris Agreement has been adopted by United Nations Framework Convention on Climate Change (UNFCCC) which is aimed at the protection of Mother Earth, a living person and a legal entity, it is eminently clear that any interpretation declaring rivers as non-living and non-legal entities cannot be defended and… Read full this story
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Aren’t Rivers Juristic, Legal Persons And Living Entities? have 305 words, post on www.livelaw.in at September 2, 2017. This is cached page on Law Breaking News. If you want remove this page, please contact us.