A plea for survival: Can the return to eco-centrism strengthen the legal protection of nature in Sri Lanka?

Abstract

The right to life of all living beings and the duty of humans to co-exist with nature have been recognized in Sri Lankan tradition and religious practice for centuries. Yet, environmental destruction, degradation and pollution due to human activities have become a common phenomenon in contemporary Sri Lanka. Anthropocentric thinking pervades Sri Lankan jurisprudence. Laws and judicial decisions have largely failed to recognize the rights of nature to be protected for its relational and intrinsic values. There is also limited acknowledgement that the very survival of human beings depends on the continuous existence of Mother Earth. Significant shifts from human-centred thinking are increasingly observed in other jurisdictions. This article considers how environmental protection in Sri Lanka could be strengthened through the adoption of a greater ethic of ecocentrism. The overarching question posed considers how the examination of eco-centrism in Sri Lankan religious and cultural texts might enable the emergence of an Earth jurisprudence approach to nature protection. The article highlights traditional and religious teachings from Sri Lanka to emphasise the need for greater recognition of existing histories and cultures as the foundation of contemporary law for the protection of nature. The article draws on lessons from the emergence of Earth jurisprudence globally to provide recommendations for legal reform in the Sri Lankan context.