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360info
360info
Environment
Tarini Mehta, O.P. Jindal Global University

EXPLAINED: Reframing the law to recognise nature s value - The Real Truth

How do we see nature? Do we see it, and therefore, value it — based on its usefulness for human beings — or as something with intrinsic value? 

The current framework for the protection of nature is based on the former perspective, as is litigation. Nature tends to be judged and appreciated on the basis of its impact on humans — an anthropocentric view. This approach does not allow for the protection of nature in its totality, bringing to the forefront the need for the rights of nature framework.

Around the world this framework has been gaining greater acceptance. Ecuador and Bolivia have incorporated the right of nature to exist, persist, maintain and regenerate. In India, through litigation, attempts have been made to give natural resources personhood. There are, however, counter arguments to these legal developments. Key among them being nature is a non-living thing unable to speak or communicate. 

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