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OPINION

Earth Democracy: Enshrining the Rights of Nature in the Constitution

The Bagmati River, once a sacred lifeline, now languishes as Nepal's most polluted waterway, its tainted waters a stark reflection of the erosion within Nepali society’s moral fabric. The government appears either absent or mired in corruption, indifferent to the fate of this once-revered river.
By Bimal Pratap Shah

The Bagmati River, once a sacred lifeline, now languishes as Nepal's most polluted waterway, its tainted waters a stark reflection of the erosion within Nepali society’s moral fabric. The government appears either absent or mired in corruption, indifferent to the fate of this once-revered river. The old adage "For Justice, Go to Gorkha," which once epitomized honor and righteousness in the 16th century, now echoes mournfully as a representation of a lost ideal, a future that has drifted far from its noble beginnings. A nation once a beacon of justice has become so corrupt that it has unraveled into a mere shadow of its former self, with its disillusioned youth fleeing in high numbers in search of a more hopeful horizon.


In an era where human greed and unchecked profit reign, and exploitation knows no bounds, the Earth now responds in anger—through fire and flood, tempest and drought—a somber requiem for a world teetering on the brink of collapse. Since 1850, the planet’s temperature has crept upward by a seemingly modest 2°F, yet this modest rise masks the profound upheavals it portends. After 1982, this gradual ascent accelerated, as though Earth's heartbeat quickened in a desperate bid for survival. By 2023, the planet’s fever had surged to 2.12°F above the 20th-century average and 2.43°F above pre-industrial levels, each incremental rise a stark testament to our collective negligence and the unholy fusion of industry and indifference.


The Earth, once brimming with boundless abundance, now stands as a beleaguered warrior, striking out at the human settlements that have encroached upon its natural sanctuaries.The ten hottest years on record, all within the past decade, reveal an undeniable truth: we are teetering on the precipice of an abyss, peering into a future we have forged with our own hands. In this moment of reckoning, we must confront the bitter consequences of our decisions—decisions that have favored immediate gains over the enduring health of our planet and its inhabitants.


As the Earth convulses under the strain of climate change, the chasm between the privileged and the oppressed widens, with the cries of the marginalized growing ever more desperate. Corporations, driven by an insatiable thirst for profit, have commodified our very existence. Forests, once revered, are now reduced to mere assets; rivers, the lifeblood of civilizations, are seen only as resources to be exploited. In this relentless marketplace, it is the poorest who suffer the most. Nepal, one of the world’s poorest nations, exemplifies this plight.


Despite ongoing efforts to combat poverty, the situation remains dire, with 20 percent of the population living below the poverty line—a figure that could rise to 50 percent if not for the opportunities sought abroad by its helpless citizens. Yet, as advancements in AI and robotics reshape the global job market, these opportunities are increasingly under threat, casting a long shadow over the future prospects for Nepali people who have relied on migration as a crucial lifeline. This is especially dire for Nepal so dependent on remittances, where the prospect of reduced opportunities abroad threatens to undermine the very foundation of its economic stability.


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Global warming brings not merely discomfort but disaster to the Nepali people, with 80 percent of the population now facing extreme heat, unrelenting floods, and air thick with toxins. The once-majestic glaciers now pose a threat of catastrophic floods, a chilling reminder of a nation on the brink. In Nepal, the rivers—sacred veins of the land—are suffocating under pollution, mirroring a broader crisis of unsustainable development. The Bagmati River, coursing through Kathmandu, has become a toxic amalgam of untreated sewage, industrial waste, and plastic debris. Contaminants, from heavy metals to organic pollutants, poison its waters, jeopardizing both the environment and public health. The relentless drive for rapid urbanization, compounded by inadequate waste management and lax enforcement, has transformed these rivers into graveyards for the life they once nurtured.


For countless communities, these rivers are essential for drinking and daily life—making their degradation not just an ecological crisis but a profound human one. Just as these rivers falter under the weight of pollution, so too do the democratic ideals of the 19th century, which seem increasingly ill-equipped to address the complex challenges of the 21st Century. The democratic frameworks that once promised liberty and justice are now struggling to keep pace with global crises demanding urgent, adaptive, and inclusive solutions.


Yet, from the depths of despair, a glimmer of hope emerges with the rise of Earth Democracy, as envisioned by Dr. Vandana Shiva and ardently championed by Navdanya International.This organization, born from Shiva’s unwavering commitment, advocates for a world where the rights of all beings are respected, biodiversity thrives, and communities reclaim their sovereignty over food and resources. Earth Democracy presents a hopeful alternative, rooted in ecological sustainability, social justice, and grassroots empowerment. It calls for a profound shift away from the destructive forces of industrial agriculture and corporate dominance toward a future where the interconnectedness of all life is honored, and local communities become stewards of their land and destiny.


Local farmers in Uttarakhand, India, empowered by Navdanya International, have reclaimed their agricultural heritage through organic farming and seed sovereignty. By rejecting the destructive practices of industrial agriculture, they are nurturing the land that sustains them, preserving biodiversity, and securing their futures, one seed and one harvest at a time. This grassroots movement stands as a testament to the power of a harmonious relationship with the Earth—proving that such a relationship is not only possible but essential for our survival.


Nepal's rural economy struggles under the weight of youth migration, as many leave rural areas in search of better opportunities abroad. This exodus has led to the abandonment of large tracts of farmland, creating significant challenges for the agricultural sector. The situation is exacerbated by the fact that remittances sent home are often used to purchase imported food rather than reinvested in local agriculture. This trend fosters dependency on imports, weakening the domestic agricultural sector and threatening the country’s food security. Twenty years ago, Nepal spent USD 11.84 million annually on food imports from India. By 2021, this expenditure had surged to nearly USD 1 billion, marking a staggering 78-fold increase largely fueled by remittance income. This dramatic rise highlights a profound failure in political leadership, underscoring a lack of effective economic planning and oversight.


To address such challenges, there is a growing movement to grant farmland rights to prevent it from being divided into plots for non-agricultural use. This idea underscores the importance of preserving agricultural land for farming, ensuring it remains productive and continues to support rural livelihoods. Such measures are gaining traction globally, as more countries recognize the need to protect nature and agricultural land from urban sprawl and other non-agricultural developments.


Ecuador has enshrined the rights of nature in its Constitution, acknowledging rivers, forests, and ecosystems as living entities with inherent rights. In New Zealand, the Whanganui River has been granted legal personhood, recognized not merely as a resource but as a sacred being deserving of protection. These legal precedents, born from ancient wisdom and modern necessity, represent a profound shift in our understanding of the world. They challenge us to move from domination and exploitation to stewardship and reverence—a shift that is not only necessary but imperative. To weather the storms ahead, we must learn to live in harmony with the Earth, seeing ourselves not as destroyers but as caretakers.


Earth Democracy provides a vision for a future where ecological integrity and social justice are not opposing forces but harmoniously aligned. It calls for a fundamental reevaluation of our relationship with the Earth and each other, urging us to resist the pressures of globalization and exploitation and to envision a world where both people and the planet can flourish. In this context, Nepal’s slide into a dystopian state highlights the pressing need for radical reform.


Parliament must act decisively to enshrine nature’s rights in the constitution through amendments, protecting the environment and empowering local communities to become true stewards of their ecosystems. Investing in organic farming, safeguarding indigenous seeds, enforcing rigorous environmental regulations, prioritizing renewable energy, and ensuring food security are crucial for building resilience and securing a sustainable future for all. Nepali people are fed up with the incessant political bickering in parliament, which has become utterly meaningless to the average Nepali.


It is a tragic irony that a small cadre of around 300 parliamentarians, most lacking genuine expertise and mired in political bickering, presumes to steer the fate of an entire nation. Their deliberations, often more theatrical than substantive, might occasionally entertain, but they pale in comparison to the rich narratives spun by Kollywood. The Nepali film industry offers an escape from the disheartening spectacle of political inertia while addressing pressing issues with a clarity that Parliament rarely achieves. It is high time that Parliament abandon its futile competition with Kollywood for dramatic flair and redirect its energies toward meaningful reform that can genuinely uplift and transform the lives of the Nepali people, fostering a healthier and more sustainable future.


Parliament should focus on amending the constitution to enshrine the rights of nature and move beyond outdated rhetoric, embracing a vision of justice that reflects our commitment to the Earth and future generations.

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