CAN SRI LANKA’S JUDICIARY PROTECT TREES AS LEGAL ENTITIES? FUTURAMA OF LEGAL RIGHTS FOR TREES

Abstract

The concept of granting legal personhood to non-human entities, such as trees, challenges the traditional legal framework and raises critical questions about the intersection of law, ecology and ethics. In this research explores the feasibility of recognizing trees as legal entities within Sri Lankan judicial system focusing on specific categories of trees i.e. religious trees, trees of antiquity, heritage trees, protected species, public trees, and ecologically important trees rather than advocating for universal tree rights. This research critiques the current Constitutional legal provisions on environment in Sri Lanka that are restricted to directive principles of state policy and fundamental duties which are unenforceable. Further, other statutory laws such as the Forest Ordinance (1907), the Flora and Fauna Protection Ordinance (1937), and the National Environmental Act (1980) which while offering some protection, fall short of conferring enforceable rights to trees. Drawing on global precedents, including Ecuador’s constitutional recognition of nature’s rights and Bolivia’s Rights of Mother Earth, the research argues for constitutional amendments in Sri Lanka to grant legal standing to trees. Such reforms would prioritize conservation while balancing human needs, ensuring trees are protected as stakeholders in environmental governance. This research employs qualitative, normative, and applied methodologies, to interpret tree rights as an innovative legal concept. It examines existing standards and explores their practical implementation within Sri Lanka's constitutional framework. Further, data analysis relies on qualitative and content analysis, supported by primary and secondary sources to ensure validity, reliability, and credibility in assessing domestic and international environmental protections. This research also addresses practical concerns, such as legal representation for trees, by proposing mechanisms like public interest litigation, akin to guardianship for minors or incapacitated persons. By advocating for a shift from anthropocentric to ecocentric legal principles, this research underscores the cultural, ecological, and economic necessities for tree rights. It positions Sri Lanka as a potential leader in environmental jurisprudence, demonstrating how constitutional recognition of tree rights could set a global precedent for sustainable and just ecological stewardship. The findings highlight the urgency of reimagining legal frameworks to safeguard biodiversity and ensure the survival of vital natural entities for current and future generations