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Aparna
Aparna

Aparna

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Aparna
Asked: October 12, 20212021-10-12T01:31:09+05:30 2021-10-12T01:31:09+05:30In: Law

What is Sukhna Lake becomes a ‘Living Entity’?

What is Sukhna Lake becomes a ‘Living Entity’?

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      [Deleted User]
      2021-10-12T01:38:41+05:30Added an answer on October 12, 2021 at 1:38 am

      Context:

      The Punjab and Haryana high court has declared Sukhna Lake a “living entity” or “legal person” with rights, duties and liabilities of a living person. It also declared all citizens of Chandigarh as loco parentis (in the place of a parent) to save the lake from extinction.

      About:

      • Sukhna Lake is situated at the foothill of Shivalik Hills in the city of Chandigarh. The famous Rock Garden of Chandigarh is located on the banks of this lake.
      • The Lake was created in 1958, by damming a seasonal stream Sukhna Choe, which cascade from the Shivalik Hills.
      • Sukhna Reservoir was also designed by Le Corbusier (Chief Architect of Chandigarh city) and the Chief Engineer P L Verma in the year 1974.
      • Several migratory birds like cranes, Siberian ducks, storks etc., can be seen during the season.

       “living entity” means

      • Rights are the obligations that society and state have for establishing sustainable relationships.
      • With this ruling, Sukhna Lake is no more voiceless water body, but “person” with legal rights.
      • As “juristic person”, the lake, have a right to be legally protected from any kind of harm or destruction.
      • Polluting it, henceforth, could entitle to human rights violation for which it can take legal recourse.
      • From now, the lake can be a party to disputes and rights violation, represented by court-appointed individuals who can fi le and contest cases on its behalf.

      Similar examples:

      • In 2008, Ecuador became the fi rst country to enshrine the legal rights of nature in its constitution.
      • Bolivia passed a similar law in 2011.
      • Meanwhile, New Zealand in 2017 became the fi rst country to grant the Whanganui river legal rights, followed by the Indian state of Uttarakhand, when it declared the Yamuna and Ganges rivers “living entities” (a verdict that was later stayed by the Supreme Court).
      • ElSalvador recognized its forests as living entities and stated that each person must commit to caring for, preserving, and respecting forests.
      • In 2019, the city of Toledo, Ohio, passed what is known as the Lake Erie Bill of Rights to protect its shores, making it one of several U.S. communities to have passed legislation recognizing the rights of nature.
      • In July 2019, Bangladesh became the fi rst country to grant all of its rivers the same legal status as humans.
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