On March 4, I woke up to an urgent message from Avaaz in my email asking me to join the global effort to protect the Earth’s rivers. An image of a polluted river with denuded sides crowded with people trying to bathe or to pan (it was unclear which) graced their petition. This could be any water body anywhere. Yet, I have argued for paying attention to the specificity of types of water bodies in my scholarly work, thinking to militate against the tendency to dissolve all to water within the framework of Integrated Water Resources Management (IWRM), the reigning policy paradigm. It matters whether water comes in a plastic container or from a tube-well. It matters what type of a river it is, say, braided or meandering. Entirely different sets of experiences, practices, policies, problems spring to mind with each.
My intuition is served by the recent spate of efforts to give personhood to rivers as distinct from other water bodies. New Zealand’s Whanganui, United States’ Klamath, Colombia’s Amazon, Canada’s Magpie are all rivers which have had personhood given to them. The western legal concept of a person with rights and responsibilities has been tasked to express varying Indigenous notions of the river, from embodying ancestors to aspects of Mother Earth. Whereas the notion of personhood has been used to much pernicious effect, such as in the granting of personhood to corporations, invariably the effort to extend personhood to rivers is to protect them, say from mining or damming or to secure them for eco-tourism, the latter bringing with it its own issues and concerns.
Even if such legal claims are yet to be tested and the protective, redemptive measures that unfold from them yet to be borne out in practice, the granting of personhood to rivers seems a positive development. It helps express in however awkward a fashion a range of relations to rivers beyond thinking of them as “ecological service infrastructures” and provides a conceptual bridge for the imagination to take flight to explore other possible relations to rivers than the ones to which one is accustomed. It raises the question for me: by means of this legal claim, what experiences and possibilities present themselves to people who have otherwise very instrumentalist relations to rivers? Can we reimagine our relation to rivers?
As I explore in my recent book on the Jamuna River in Bangladesh, the river expresses itself in myriad ways among those who live alongside it. While writing my book, I was hard pressed to find elaborate cosmologies with respect to the river. Inspired by these recent moves to grant personhood to rivers, I turned to newspaper reportage on rivers in Bangladesh to see how these moves had registered within the Bangladeshi imagination. The English national daily, the Daily Star, known for its consistent focus on the plight of rivers in Bangladesh, records the appalling state of the many rivers of Bangladesh (the Government of Bangladesh portal records 800). The articles point to visual evidence and studies to show how rivers are being filled in to create roads and build factories and how their waters are becoming toxic due to chemical, industrial and household wastes. Some are more forthright in saying that Bangladesh rivers are dying; in fact, 29 are considered biologically dead, unable to support life, possibly asphyxiating.
Among the causes for this crisis in the rivers of Bangladesh are infrastructural tendencies towards river training and the creation of embankments left over from British colonial times. Other articles point to unfair water arrangements with India, notably the Farraka and Gajoldoba Barrages that caused the decline of the Padma and Teesta Rivers in Bangladesh. In a grimly amusing interview with Saber Hossain Chowdhury, head of the parliamentary committee on Environment, Forest and Climate Change, he recounted “they [the industry’s ministry] make the same excuses each time, massive employment and earning of foreign currencies are involved with the tannery industry and a shutdown will have a negative impact,” followed by “We have asked the environment ministry to take measures to sever electricity connection to the respective industrial units upon their failure to act on the directives” (“Slow Death of the Dhaleswari” Daily Star July 18, 2022). And in a clear recognition that the forces that spell the death of rivers are the very same forces that seek to capture all resources in Bangladesh, another article specifies that names of encroachers on rivers be put on lists to prevent them from running for office, getting bank loans or even leaving the country (“Protecting Rights of Rivers: Turning Intentions into Action, Nov 20, 2020).
Such, then, is the context within which the Bangladesh High Court conferred legal personhood upon the Turag River in February 2019 and by extension all rivers in Bangladesh. Writing in October 2021, Suraya Ferdous explains the history of the concept of environmental personhood to Daily Star readers, tracing it back from Dr. Christopher Stone’s 1972 book Should Trees Have Standing?, to the 1972 U.S. Supreme Court Decision on behalf of natural entities, and to Ecuador’s enshrinement of the rights of Pachamamma (Mother Earth) in 2007 and Bolivia’s “Law of the Rights of Mother Earth” (“The Idea of ‘Environmental Personhood’ with Reference to River” Daily Star, Oct 16, 2021). The author notes that the important shift is in perception, from anthropocentricism that upholds natural entities as mere resources for human use, to considering that entities have their own rights to shield themselves from human exploitation. “Legal personhood entitles a river to sue, to utilise compensation for its own wholesomeness, to have a say in multipurpose projects and to have a right in rem not to be affected adversely” (ibid). The National River Conservation Commission (NRCC), created in 2014, was granted guardianship of the Turag. Given the parlous state of law and order in Bangladesh it should not surprise that the NRCC’s efforts to publicize the names of encroachers on rivers are equal parts heroic and pusillanimous for quickly shelving any further actions against them.
What is interesting in the case of Bangladesh extending the rights of personhood to rivers is what transfers from the most capacious understanding of the notion of personhood of rivers. This is another way of asking: what experiences and possibilities present themselves to people who have otherwise very instrumentalist relations to rivers? Can we reimagine our relation to rivers? In the case of say the Whangaui River in New Zealand, it is seen as continuous with the Maori social body—any harm to it is harm to Maoris. Meanwhile, rivers in Bangladesh are granted a more limited set of rights that stops shy of treating them as persons. Rather, they are in the stated custody of persons whose practical action is to protect the rivers, again not for the rivers’ own sake but for the sake of the general good. This fits within the normative Muslim perspective, in which nature is given to humans for their use but also to be safeguarded as God’s creation against human excesses (Bangladesh is majority Muslim). Here too is an unstated reference to Hindu-Muslim relations in these parts through the implicit concern with associating humans with non-humans or rendering non-humans humanlike. What is worrying for me in this question of what transfers or doesn’t transfer is the continued occlusion of those bodies which may put themselves with rivers along a continuum of personhood. Indigenous populations or Adivasis in Bangladesh have long maintained relations with sacred groves, mountains and water bodies. They have also long suffered violence and dispossession of their ancestral lands. While personhood for rivers may enter the Bangladesh imagination through the route of international legal actions, it is dispiriting to find that it does not spur inquiry into Indigenous peoples in Bangladesh, as if they have nothing to add on the matter or insights, experiences, or even critiques. In the event marking the launch of the bilingual translation of the above-mentioned High Court judgment in English and Bengali (“Protecting Rights of Rivers: Turning Intentions into Action, Nov 20, 2020), we hear from students of geography and law, various high-ranking officials of the Bangladesh Government, the senior editor of the Daily Star, lawyers, environmental activists associated with Bangladesh Poribesh Andolon (BAPA), and members of the NRCC. The usual faces, the usual voices, join in an undoubtedly noble struggle to keep alive rivers in Bangladesh, but offer no new possibilities for re-imagining our relations to rivers.
Naveeda Khan is Associate Professor of Anthropology at Johns Hopkins University and author of Muslim Becoming: Aspiration and Skepticism in Pakistan and the new book River Life and the Uprising of Nature. Save 50% on both books, now through April 17, with coupon code SPRING23.