International Journal of Law
International Journal of Law
International Journal of Law
Vol. 8, Issue 3 (2022)

India’s climate refugees and legal implications


Gauri S Rane, Riddhi Jangam

Climate change has been a significant cause of the end of many civilizations in the past. It is also the most crucial factor in creating climate refugees. The Internal Displacement Monitoring Centres have reported that millions of people in India are classified as Internally Displaced every year due to climate change. The climatological factors like extreme temperatures, droughts, widespread floods, rise in sea levels, tsunamis, desertification, and other natural calamities have left several people displaced within their own country, leading to massive migration of the population. The nexus between climate change and migration is still unclear and complex. There are significant uncertainties regarding the effects of climate change on human societies and their decision to migrate. Second, it is a complex task to disaggregate the role of climate change in migration decisions from other social and economic factors. Climate refugees are neither recognized nor protected under any Indian statutes or international law. Environmental conditions do not constitute a basis for international protection under international refugee laws. Therefore, the International Organisations and Institutions, like the Office of the United Nations High Commissioner for Refugees (UNHCR), have no role in protecting the Right to Asylum of the Climate refugees. There are significant gaps with respect to the failure of the International Community in recognizing the new category of migrants, and the lack of precise definition and meaning of the term refugees. Even if the climate refugees are recognized, the question arises as to who will take the responsibility to provide protection and assistance? A clear understanding of the relationship between migration and climate change is required to mitigate the conundrum of climate refugees. The objective of this research paper is to highlight the lack of legal protection given to the climate refugees under the national and international laws and suggest possible solutions and arrangements to effectively deal with the problem.
Download  |  Pages : 118-122
How to cite this article:
Gauri S Rane, Riddhi Jangam. India’s climate refugees and legal implications. International Journal of Law, Volume 8, Issue 3, 2022, Pages 118-122
International Journal of Law