Nepal is an ancient country known for its rivers and streams. There are more than 6,000 rivers and rivulets in the Himalayan nation, which have nourished this land and human civilization for centuries. It is believed that human civilization developed along riverbanks. Almost every village, town and city in Nepal has access to rivers.
Like Nepal, civilizations across the world have long been connected with rivers. Some rivers are globally famous, such as Asia’s Yangtze, Europe’s Volga, Africa’s Nile, North America’s Mississippi, South America’s Amazon and Australia’s Darling and Murray rivers.
However, human society has not been serious enough about keeping rivers clean. Population growth and increasing pollution have weakened the protection and rights of rivers. The government’s celebration of Asar 14 as National Tree Plantation Day reflects the state’s concern for environmental protection.
Even in our Vedic tradition, nature is regarded as a sacred force and bathing in rivers and other water bodies is considered a means of purification. So, it would be unjust to say that society is completely unconcerned about river conservation. Nevertheless, water and river pollution have now become major global threats, including in Nepal.
Development and environmental protection should move together. Unfortunately, while development is progressing rapidly, environmental conservation is often ignored. This prevents the country from achieving sustainable development. Pollution caused by development activities affects not only human life but also rivers, forests, and wildlife. Rivers are increasingly being polluted and disappearing. In some cases, even protecting their existence has become an uphill task.
Legal rights of rivers
Contemporary environmental jurists argue that natural resources should be recognized as “legal entities.” When laws are clear, they define rights and responsibilities. When the law remains silent, public expectations seek recognition.
Like living beings, rivers should also enjoy certain fundamental rights, such as: the right to flow freely, right to protect aquatic biodiversity, the right to a pollution-free environment, and the right to legal protection. Despite this, rivers in Nepal with immense religious significance—such as the Koshi, Doodhmati, Gandaki and Bagmati—have become heavily polluted. During the rainy season, sewage and solid garbage are often directly discharged into rivers. As a result, polluted water spreads diseases among people and harms aquatic life.
This situation has led to the growing idea of granting legal rights to rivers. Austrian jurist Hans Kelsen believed that law is a normative system—a system of rules that determines what should happen if a certain act occurs. In this respect, special laws should recognize rivers as legal persons and create legal mechanisms to reduce pollution and protect river ecosystems.
The public trust doctrine places responsibility on the state to properly manage natural resources. The state also has a duty to adopt preventive and precautionary measures against environmental harm caused by misuse of natural resources. So, rivers should be recognized as living legal entities, with the state acting as their guardian through law.
International practice
Several countries around the world have adopted laws concerning rivers and environmental protection. In 1972, Professor Christopher Stone of the University of Southern California argued that rivers, lakes, forests and other natural resources should have legal standing. His ideas significantly influenced the development of environmental law in the United States.
In the 1972 case of Sierra Club v. Morton, US Supreme Court Justice William O. Douglas stated in his dissenting opinion that rivers, forests, lakes and natural resources should possess legal rights. He supported Stone’s theory that anyone could act as a guardian for the protection of nature.
In 2018, the Supreme Court of Colombia recognized the Amazon River as possessing legal rights. New Zealand went even further by recognizing Whanganui as an independent legal entity in 2017.
Likewise, Canada recognized the Magpie River as a legal person in 2021. In India, the Uttarakhand High Court in 2017 declared the Ganga and Yamuna rivers to be “living legal persons” and directed the government to ensure that rivers remain pollution-free.
In England, in 2026, the entire catchment area of the River Wye was officially recognized as a “Living Ecosystem” with natural rights through a Charter. Earlier, in 2025, River Ouse had also received similar rights at the local level. In 2025, Peru recognized Lake Titicaca and its tributary rivers as legal entities with rights.
Constitutional provisions
The Constitution of Nepal contains environmental provisions that support the country’s “green democracy.” Article 30 guarantees every citizen the right to live in a clean and healthy environment. Article 35 guarantees the right to clean drinking water and sanitation. Similarly, Article 36 ensures food sovereignty, while Article 25 empowers the state to formulate land reform laws for agricultural and environmental improvement. Moreover, Article 44 establishes consumers’ rights to quality goods and services.
Article 51 directs the state to adopt principles of sustainable environmental development, including precautionary measures. The Constitution grants High Courts and the Supreme Court authority to issue directives, orders and writs for environmental protection and conservation.
In a writ petition filed by Thaneshwar Acharya against Bhrikuti Paper Factory, it was argued that industrial waste discharged into the Narayani had polluted surrounding areas and endangered aquatic life. The Supreme Court ordered the installation of treatment plants for pollution control. There are many court rulings in Nepal against water pollution.
Way forward
Excessive use of chemicals, destruction of natural resources and poor waste management are causing serious environmental damage. Rivers flow across national boundaries, meaning pollution caused in one country affects people in the other. That's why, all nations must work together to prevent transboundary river pollution.
Even small efforts can help protect rivers. Organic household waste can be converted into compost. Waste generated from homes and businesses can be separated at the source, while non-biodegradable materials such as metal, plastic, paper and glass can be managed separately. Cloth bags can replace plastic bags while shopping. Governments and citizens should work together to prevent contamination of waters. After all, rivers also carry religious and spiritual significance.
At the same time, pollution is threatening the existence of rivers and aquatic life. A collective anti-pollution movement is now necessary—from government institutions to ordinary citizens.
Legal reform is equally important. Rivers should be recognized as “living legal persons” and granted enforceable legal rights. Doing so would allow polluters to be brought within the legal framework while strengthening the principles of sustainable development. While celebrating World Environment Day this year, Nepal should seriously consider enacting a law declaring rivers as living legal persons.
