The Rights of Nature: Taking an Ecocentric Approach for Mother Earth

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Somabha Bandopadhay1 & Shivam Pandey2

1Ph.D. Scholar and Research Assistant. The West Bengal National University of Juridical Sciences, Kolkata, India. Email: somabha@nls.ac.in.

2Former Legal Researcher, High Court at Ranchi, Jharkhand, India. Email: shivampandey@nls.ac.in

 Volume 12, Number 4, July-September, 2020 I Full Text PDF

DOI: 10.21659/rupkatha.v12n4.08

Abstract

Amidst the developing and progressive world that ensures the balance of needs-rights- duties and politics for human rights i.e. to attain the highest form of self-actualization, the world has truly become anthropocentric. It is only about human beings as such. But, in this process, what we often forget is the reason human beings exist- mother earth or nature. The paper seeks to take a break from anthropocentrism and take a journey of and through ecocentrism that would finally enable human beings to take a step forwards in fulfilling the duties of humans in the truest sense. The paper hopes to contribute to the emerging earth jurisprudence and elaborates on the path that has been traversed and the work yet to be done, both from a philosophical and legal point of view. The paper is primarily a work of doctrinal research using the analytical mode of research to present the developing jurisprudence in the field of earth justice.

Keywords: Rights of nature, anthropocentric, ecocentric, bioregionalism, mother earth, earth jurisprudence, anthropogenic.