What did the Court decide in Mohd Salim v. State of Uttarakhand?

The Court recognized Rivers Ganga and Yamuna (including tributaries and streams) as legal persons with corresponding rights and duties for their protection.

Which doctrines were applied?

Parens patriae and loco parentis—allowing the State and named officials to act as guardians for the rivers’ interests.

Why was legal personhood given to rivers?

To ensure strict protection and management of the rivers for present and future generations, aligning with Articles 48A and 51A(g).

Who was appointed to protect the rivers?

Director NAMAMI Gange, the Chief Secretary, and the Advocate General of Uttarakhand were designated as loco parentis to safeguard river rights.

What compliance was ordered?

Set up the Ganga Management Board, stop illegal encroachments and riverbed mining, and ensure continuous monitoring and reporting.

Mohd Salim v. State of Uttarakhand

High Court of Uttarakhand 2017 WPPIL 126/2014 Environmental & Constitutional Law 8–10 min

Author: Gulzar Hashmi • Location: India • Publish Date: 31 Oct 2025

Quick Summary

This case fights against encroachment and neglect along the Ganga in Uttarakhand. The Court used guardianship powers to protect rivers as if they were living persons in law.

Ganga, Yamuna, and their tributaries were granted legal personhood. Named officials were made loco parentis to act for the rivers. Directions were issued for eviction, anti-mining steps, and a Ganga Management Board.

Issues

Do rivers get a status similar to an individual in law?
Can rivers enjoy legal rights like living persons?

Rules / Principles

Juristic Person

Like companies, a juristic person has rights and duties. The Court treated rivers as such to secure their protection.

Parens Patriae

State can act as a guardian to protect those who need care—here, the rivers and their ecosystems.

Loco Parentis

Specific officials were appointed to perform the parent-like responsibilities for the rivers’ rights and interests.

Facts (Timeline)

Timeline image of encroachment notices and guardianship orders for Ganga

PIL Filed: Public Interest Litigation raised illegal construction and encroachment along Ganga in Dehradun.

Non-Compliance: Despite official orders, removal of encroachments did not happen on ground.

Court Directions: Eviction orders, ban on riverbed mining, and plan for a Ganga Management Board under the Reorganisation Act.

Guardians Appointed: Director NAMAMI Gange, Chief Secretary, and Advocate General named as loco parentis.

Legal Status: Ganga, Yamuna, and their tributaries declared as legal persons to secure rights and duties.

Arguments

Petitioner

Encroachments and mining harm river ecology and public health.
Officials failed to act; strong, court-backed remedies needed.
Grant legal rights to rivers for real accountability.

State/Respondents

Actions underway but require time and coordination.
Need clear roles for agencies to avoid overlaps.
Sought guidance on long-term governance structures.

Judgment

The Court declared the Ganga and Yamuna (and all tributaries/streams) as legal persons with rights, duties, and liabilities. This was done using parens patriae powers to protect the rivers.

Directed eviction of encroachments and a ban on riverbed mining in flood-prone stretches.
Ordered creation of a Ganga Management Board and appointment of members within set timelines.
Designated Director NAMAMI Gange, Chief Secretary, and Advocate General as loco parentis for river rights.

Ratio Decidendi

Recognizing rivers as juristic persons ensures enforceable rights and duties. The State, acting as guardian, must prevent harm and secure long-term governance for river health and public welfare.

Why It Matters

Shifts rivers from “objects” to “rights-bearing entities.”
Creates guardians who can act fast against damage.
Helps courts craft practical, on-ground compliance.

Key Takeaways

Rivers = juristic persons with legal rights and duties.
Parens patriae & loco parentis enable active protection.
Encroachment removal, anti-mining, and board formation mandated.

Mnemonic + 3-Step Hook

Mnemonic: “R.I.V.E.R.”

Rights of a juristic person.
Intervene via parens patriae.
Veto mining/encroachment.
Empower loco parentis guardians.
Regulatory board for governance.

3-Step Hook:

See harm: encroachment/mining.
Give rights: juristic personhood.
Guard & govern: appoint, act, report.

IRAC

Issue: Can courts recognize rivers as legal persons to stop harm and ensure protection?

Rule: Juristic person concept; parens patriae and loco parentis; constitutional duties (Arts. 48A, 51A(g)).

Application: Continued non-compliance and risk to Ganga justified rights-based protection and appointment of guardians.

Conclusion: Legal personhood granted; compliance and governance directions issued.

Glossary

Juristic Person: A non-human entity recognized by law as having rights and duties.
Parens Patriae: Power of the State to act as guardian for those needing protection.
Loco Parentis: A role where officials act “in place of a parent” for protection and care.