Climate Refugees and Environmental Justice: Rethinking Legal Protection for Climate-Induced Displacement in India
Climate change has emerged as one of the defining challenges of the twenty-first century, affecting not only ecosystems and economies but also human mobility. Increasing occurrences of sea-level rise, floods, cyclones, droughts, desertification, and other climate-induced disasters have compelled millions of people to abandon their homes in search of safer living conditions. Despite the growing scale of climate-induced displacement, international refugee law does not recognize individuals displaced solely by environmental or climatic factors as refugees. Consequently, these populations often remain outside the scope of existing legal protection, creating a significant gap in international and domestic legal frameworks.
India is particularly vulnerable to climate-induced displacement because of its long coastline, large river systems, dependence on agriculture, and dense population. Coastal erosion, flooding, cyclones, glacial lake outburst floods, and changing weather patterns have already displaced thousands of individuals, particularly in states such as Kerala, Assam, Odisha, West Bengal, and Uttarakhand. These environmental challenges disproportionately affect economically weaker sections, indigenous communities, women, children, and other marginalized populations, thereby raising important concerns relating to environmental justice.
This paper critically examines the legal status of climate refugees within international and Indian law. It analyzes the relationship between climate-induced displacement and environmental justice while evaluating the adequacy of existing legal frameworks. The study further explores the constitutional dimensions of environmental protection, the limitations of current refugee law, and the growing importance of human rights-based approaches to climate mobility. The paper argues that although environmental justice has gained recognition within judicial and policy discourse, the absence of a comprehensive legal framework for climate refugees continues to undermine effective protection for displaced populations. It concludes by proposing legal and policy reforms aimed at strengthening environmental governance and ensuring justice for climate-displaced communities.