Legal Push for Recognition of 'Climate Refugees' in Indian Law
- ByAdmin --
- 14 May 2025 --
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India is witnessing a growing legal and policy debate around the recognition of 'climate refugees' — individuals forced to migrate due to climate-related disasters such as floods, droughts, sea-level rise, and extreme weather events. While India does not currently have a dedicated law recognizing climate-induced displacement, recent discussions among environmentalists, legal scholars, and policymakers are pushing for urgent legislative action.
This legal gap highlights the need to align Indian laws with emerging international principles protecting people displaced by environmental degradation
Current Legal Framework and Gaps
- No Formal Recognition:
Indian law currently does not define or recognize 'climate refugees.' The Foreigners Act, 1946 and the Citizenship Act, 1955 deal with immigrants and nationality but do not cover internal or external displacement due to environmental causes.
- Disaster Management Act, 2005:
While this Act provides for disaster risk reduction and rehabilitation, it mainly addresses temporary displacement within India and does not grant any special status to those displaced by slow-onset climate disasters like rising seas or desertification.
- Constitutional Rights:
Article 21 guarantees the right to life, which has been interpreted to include the right to a healthy environment (see M.C. Mehta v. Union of India, 1987). However, there is no explicit constitutional protection for the plight of climate migrants.
- International Context:
Climate refugees are not recognized under the 1951 Refugee Convention or its 1967 Protocol, meaning there is no binding international legal framework yet. However, the Global Compact for Safe, Orderly and Regular Migration (2018) acknowledges climate change as a driver of migration.
Key Arguments for Legal Recognition
- Increased Climate-Induced Displacement:
Studies by the Internal Displacement Monitoring Centre (IDMC) show that India is among the top countries experiencing internal displacement due to climate disasters.
- Protection of Vulnerable Populations:
Displaced persons, particularly from coastal regions like the Sundarbans or drought-prone areas like Bundelkhand, often lose livelihoods, housing, and access to basic rights.
- Strengthening Disaster Management:
Clear legal recognition would enable better planning, resource allocation, and rehabilitation strategies.
- Alignment with International Commitments:
India’s commitments under the Paris Agreement (2015) and United Nations Framework Convention on Climate Change (UNFCCC) require integrating climate resilience into national policies.
Proposals Under Discussion
- Amending the Disaster Management Act, 2005:
Including a definition and protection framework for "climate-displaced persons" could be a practical first step.
- New Standalone Law:
A new Climate Displacement Act could outline rights, compensation, relocation support, and rehabilitation measures for affected individuals.
- Cross-Border Frameworks:
Although India is not bound by refugee conventions regarding climate displacement, regional cooperation with neighboring countries like Bangladesh, Nepal, and Maldives could create protocols for managing cross-border climate refugees.
Judicial Contributions
- Environmental Jurisprudence Expansion:
Indian courts, especially the Supreme Court, have consistently expanded environmental rights under Article 21. The legal concept of "environmental justice" as highlighted in T.N. Godavarman Thirumulpad v. Union of India (1997) could potentially be extended to recognize climate migrants.
- Public Interest Litigations (PILs):
Several PILs have sought the Court’s intervention in addressing large-scale displacement from floods, droughts, and deforestation, although none specifically demand recognition of 'climate refugees' yet.
Conclusion
The climate crisis is already causing irreversible changes, leading to mass displacement across India’s vulnerable regions. While Indian law offers fragmented protections through disaster management and constitutional rights frameworks, a specific recognition of "climate refugees" is becoming a legal necessity. Whether through amending existing laws or framing a new statute, India must proactively protect millions who are — and will increasingly be — forced to migrate due to climate change.
A legally sound and humane framework would not only honor India's constitutional values but also position India as a leader in global climate justice efforts.
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