Madras High Court· 23 July 2026
On what basis may juristic personality be conferred on a river, and how far does it extend?
Sivanupandian v. The District Collector, Tirunelveli District
WP(MD) No. 18560 of 2026 · WP(MD) No. 18560 of 2026
Coram: Justice G.R.Swaminathan · Justice B.Pugalendhi
Answer
It was conferred here not because the object is a river but because She is reverentially worshipped as a deity, our jurisprudence recognising deities as juristic persons. The conferral is for the limited purpose of recognising the right not to be polluted, and no other right, duty or liability springs from it. The contours of a juristic personality must be guided by the reasons for which it was conferred, and here the existing laws had proved ineffective against the pollution of the river.
Headnote
Water (Prevention and Control of Pollution) Act, 1974 — s.24 — Tamil Nadu Public Health Act, 1939 — s.36 — Constitution of India — Art.21 — Art.25 — Art.51A(g) — River as a juristic person — Encroachment on a river bank —
Encroachment — River bank — Bank not to be divorced from the river —
Held: The bank of a river cannot be divorced from the river proper and must be maintained free of any encroachment; no title can be claimed over what is in truth an ancient monument standing on it. (¶3)
Constitution of India — Art.25 — Art.21 — Water (Prevention and Control of Pollution) Act, 1974 — s.24 — Pollution in the name of religion —
Held further: No one has the right to pollute a water body even in the name of religion; the freedom to practise religion is subservient to public health, and regulating rituals on a river bank breaches no fundamental right. (¶6, ¶8)
River as a juristic person — Personhood as a deity — Right not to be polluted —
Held further: Personhood is conferred on the river not because it is a river but because She is worshipped as a deity, and only for the limited purpose of the right not to be polluted; no other right or liability springs from it. (¶13, ¶15)
Directions — Continuing mandamus — Immersion of ashes permitted —
Held further: Dumping of clothes and articles in the river stands banned as a continuing mandamus, while immersion of ashes is permitted in unfired earthen pots alone. Petition disposed of. (¶21, ¶23)
In the Court's own words
Paragraph 13Deity is a juristic personality. The Hon’ble Supreme Court held that a deity is also an individual and can even be treated as an unit of assessment (Official Trustee of W.B for the Trust of Chitra Dassi v. CIT (1974) 3 Scc 616). River Tamirabarani is admittedly worshipped as a deity by the Hindus. Therefore, it partakes the character of a person. We are conscious that the judgment of the Uttarakhand High Court in Mohd.Salim v. State of Uttarakhand conferring personhood right on Ganga river basin has been stayed by the Hon’ble Supreme Court in SLP (C) No.16879 of 2017 on 07.07.2017. We, therefore, make it clear that we recognise the personhood of Tamirabarani not because it is a river but because She is a deity. No one has a right to pollute her. That will not only be a breach of the statutory provisions found in various environmental laws and a breach of the fundamental rights of fellow citizens under Article 21 of the Constitution of India but also the rights of the River Herself. She is hereby recognised for Her own intrinsic value.
Paragraph 14It was argued in Rama Janma Boomi case (2020) 1 SCC 1 that the birth place of Lord Rama should be conferred with juristic personality. Though the court rejected the said submission, the following observations made in the said judgment are apposite : “...The conferral of legal personality subserves specific requirements that justify its recognition. The conferral of juristic personality does not automatically grant an ensemble of legal rights. The contours of juristic personality i.e. the rights and liabilities that attach upon the object conferred with juristic personality, must be determined keeping in mind the specific reasons for which such legal personality was conferred. The limits or boundaries of the rights ascribed to the new legal person must be guided by the reasons for conferring legal personality. The parameters of judicial innovation are set by the purpose for which the Judge innovates….” By conferring personhood on river Tamirabarani, we are in noway ignoring the pitfalls highlighted by the Hon’ble Supreme Court. Conferment of juristic personality in this case is only for a limited purpose ie., right not to be polluted. The conferral of juristic personality is a legal innovation applied by courts in situations where the existing law of the day has certain shortcomings or such conferral increases the convenience of adjudication. It is a fact that Tamirabarani has been heavily polluted. The rituals practised by Hindus are also a contributory factor. They invoke Article 25 of the Constitution to resist the move to ban dumping of clothes. Reminding the objectors of their own faith and belief lightens the task of adjudication. The objectors have no answer when we ask if they are entitled to desecrate their own Devi.
Paragraph 15Rama Janma Boomi case was a contest between Hindus and Muslims over a piece of land. That is why, the Hon’ble Supreme Court held that the land cannot be immunised from proprietary or title-based claims of others by conferring juristic personality on the land itself. Such is not the case here. By treating the river as a person, the rights of the other religionists are not prejudiced in any manner. We have already made it clear that the consequence flowing from conferral of the juristic personality on the river is only for the limited purpose of recognising that the river has a right not to be polluted. No other right or duty or liability springs out of such recognition. Since the existing laws have turned out to be ineffective in dealing with the pollution of river, conferral of juristic personality would go a very long way in restoring the lost glory.
Acts & Sections
s.24 Water (Prevention and Control of Pollution) Act, 1974s.36 Tamil Nadu Public Health Act, 1939Art.21 Constitution of IndiaArt.25 Constitution of IndiaArt.51A(g) Constitution of IndiaOne judgment a day. That's the whole habit.
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