The dual status of rivers in Bangladesh as legal persons and public trust properties: the likelihood of legal complexity

What is it about?

The High Court Division of the Supreme Court of Bangladesh has declared the rivers of Bangladesh to be legal persons and has appointed the National River Conservation Commission (NRCC) as the legal guardian of rivers for protecting the rivers of Bangladesh. The court considered the importance of rivers to Bangladesh, the public trust doctrine, the current global trend of granting rights to natural entities and the pressing need for an alternative option for river protection. However, on the one hand, the court has not clearly articulated any aspects of the legal personhood of the rivers; while, on the other hand, according to the Constitution of Bangladesh, rivers are public trust properties as the court interpreted, which signifies that rivers are legal objects but under the supervision of the state for the benefit of the public. This article explains that there is a likelihood of conflict arising between human interests and the interests of rivers, which may create legal complexity in the implementation of the legal personhood of rivers in Bangladesh and overall river protection. Mere recognition of new status by the court will on its own not ensure the protection of the rivers of Bangladesh. How the existence and application of the dual status of rivers – as public trust property and as having legal personhood – will maintain a balance between the needs and interests of rivers and the needs and interests of people needs to be clarified.

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Photo by Md Arafat Ul Alam on Unsplash

Photo by Md Arafat Ul Alam on Unsplash