Empowering nature with biocentric jurisprudence In a recent ruling, the Supreme Court of India has sought to move away from an anthropocentric basis of law lines.” ture farming in the forests of Bor- one is heartened to observe some In protecting the birds, the neo and Sumatra is leading to the green shoots emerging. Court has affirmed and empha- extinction of orangutans. Rhinos Pieces of legislations are slowly sised the biocentric values of eco- are hunted for the so-called medi- evolving that fall in the category of preservation. The philosophy of cinal value of their horns and are the “Right of Nature laws”. These biocentrism holds that the natural slowly becoming extinct. From the seek to travel away from an an- N.L. Rajah environment has its own set of time humans populated Madagas- thropocentric basis of law to a bio- rights which is independent of its car about 2,000 years ago, about centric one. In September 2008, ability to be exploited by or to be 15 to 20 species of Lemurs, which Ecuador became the first country he Great Indian Bustard, a useful to humans. are primates, have become ex- in the world to recognise “Rights
gravely endangered species, Biocentrism often comes into GETTY IMAGES/ISTOCKPHOTO tinct. The compilation prepared of Nature” in its Constitution. Boli- Twith hardly about 200 alive conflict with its contrarian philo- Reservoir project. Following this by the International Union for via has also joined the movement in India today, came under the sophy, namely anthropocentrism. revelation, a lawsuit came to be Conservation of Nature lists about by establishing Rights of Nature protective wings of the Supreme Anthropocentrism argues that of filed challenging the continuation 37,400 species that are gravely en- laws too. In November 2010, the Court of India in a recent judg- all the species on earth humans of the Tellico Reservoir project. dangered; and the list is ever city of Pittsburgh, Pennsylvania ment. The Court said, in M.K. Ran- are the most significant and that The challenge travelled all the way growing. became the first major municipali- jitsinh & Others vs Union of India & all other resources on earth may to the Supreme Court. The Su- ty in the United States to recognise Others (https://bit.ly/372sm5v), be justifiably exploited for the be- preme Court of the United States Some green shoots the Rights of Nature (https:// that in all cases where the over- nefit of human beings. Expres- of America in Tennessee Valley Some aspects of constitutional law bit.ly/3iHkKuK). As a first step, head lines in power projects exist, sions of such line of thought date Authority vs Hill, held that since on ecoconservations are signifi- these laws empower people in a the governments of Rajasthan and back many centuries and find the “Snail darter” was a specifical- cant. The Constitution of India de- community to “step into the Gujarat shall take steps forthwith mention in Politics, a well-known ly protected species under the Na- clares that it is applicable to the shoes” of a mountain, stream or to install bird diverters pending work of Aristotle, as also the moral tional Environmental Policy Act, territory of India. While making forest ecosystem and advocate for consideration of the conversion of philosophy of Immanuel Kant the executive could not proceed such a declaration, it very obvious- the right of those local communi- overhead cables into underground amongst many others. with the reservoir project. Howev- ly refers to humans within that ter- ties”. These laws, like the Constitu- power lines. er, after the Supreme Court deli- ritory and its predominant aim tion of the countrie