Keywords:Environment, Earth Jurisprudence, Ecocide, Parens Patriae Jurisdiction”
Our environment is an inestimable gift to a human being. It is the responsibility that all of us have to preserve and protect the environment.
With this goal in the year 1972 United Nations at the Stockholm Conference on the Human Environment, through the discussions on the integration of human interactions and the environment, has incorporated the idea of celebrating World Environment Day on 5th June every year across the globe.
Henceforth, on 5th June 1973, the first World Environment Day was celebrated all over the world with the theme “Only One Earth”. The object behind the celebration of Environment Day is to preserve and protect the environment by creating awareness among people.
Again, this year, World Environment Day 2022 has been celebrated with the theme “Only one Earth” which stands for “Living Sustainably in Harmony with Nature”. Since 1974, the UN has been focussing on the need to live sustainably in harmony with nature and strives to bring a balance between the needs of this generation and the future generations. The highlight of the theme is preserving the earth and its creatures.
Earth is the only living planet in the entire solar system and is most important for the survival of mankind, without it, we can’t imagine our lives. Nowadays, the earth has given the legal personality as per the concept of “Earth Jurisprudence”. This term has coined by Thomas Berry, and his idea behind this approach is to bring harmony between humans and nature.
The Earth jurisprudence emphasizes that the universe is made of creatures
whom we must be empathized with and not be used as objects; every creature of the universe is capable of having their own rights; it recognizes three basic rights available to nature. They are – the right to be, the right to habitat, and the right to fulfil their role in the ever-renewing processes of the Earth community.
This means nature also has rights, duties, and liabilities in the same manner as we have. If anyone violates the rights of nature it has to be considered “ecocide” which is considered a grave crime against the earth community.
Today human have become very selfish. They over-exploit nature to fulfil their needs. The practices like cutting down trees, wastage of water, etc. destroy our environment. So, weneed to take care of our “Mother Earth”.
Therefore, to fulfil the aspirations of environment jurisprudence, the creation of a new model of the environmental criminal justice system is required which will guard the rights and liabilities of the Earth and punishes the wrongdoer with strict punishment which is much more than hefty fines or compensation along with strict adherence to the law. To implement this, the state should involve the grass-root level of governance by making the locals, activists, and others to be the guardian of the environment and their sole responsibility is to work for the betterment of nature.
In India, Earth jurisprudence could find its place in various verdicts of the courts by using the principles of ‘the polluter pays, ‘the ‘precautionary principle, sustainable development, etc. Recently the court has given the legal personality to nature and derecognized the principles as mentioned above” and has invoked the “Parens Patriae Jurisdiction” where it declares thatthe grasslands, springs, rivers, glaciers, and other creatures, all have legal personality with all corresponding rights, duties, and liabilities for their survival, safety, sustenance, and resurgence. This is a great initiative to protect and preserve nature.
However, various countries of the world have come up with separate
legislation for granting rights and duties to mother earth. Bolivia was the first nation followed by Ecuador, New Zealand, and so on. India is also striving to come up with such laws. Lastly, it can be said that the purpose of the UN behind celebrating World Environment Day, can be better served if earth jurisprudence will get due recognition all over the world and all nations will make laws or rules to ensure the right, duties, and liabilities of Nature.
Prof. Anupama Singh
School of Law
