Legal Personhood of Rivers in Bangladesh: Promise, Pitfalls, and the Way Forward

Abstract

The study examines the environmental and governance implications of granting ‘Legal Personhood’ to all rivers in Bangladesh, following the 2019 Turag River case. It is conducted using a twofold approach, integrating doctrinal legal analysis with empirical inquiry based on the Narrative Thematic Analytical Approach (NTAA). The doctrinal part examines the constitutional and statutory frameworks through the lens of the High Court’s directions to determine any gaps between judicial innovation and legislative power. The empirical layer is based on 41 in-depth interviews, with thematic saturation achieved at 36, the remaining 5 interviews confirmed the themes without adding new insights. Interviews are conducted with farmers, fishers, local authorities, and NGO representatives (April-June 2024), in the Baral, Karatoya, and Narod rivers, chosen as ecologically pressured critical cases. Field accounts indicate that pollution, encroachment, and drying have been ongoing issues over time, and that community consciousness has primarily focused on livelihoods and cultural continuity, rather than legal rights. Findings suggest that weaknesses in the institutions, the advisory mandate of the NRCC, and the lack of statutory enforcement powers restrict the practical ramifications of personhood. The study concludes that, without statutory codification, empowered guardianship, and ecological monitoring benchmarks, the concept of river personhood remains symbolic. Implementing rights-standard features into the legislation, decentralizing enforcement, and incorporating local co-guardianship are necessary steps to achieve meaningful ecological outcomes.