Climate change is causing more floods, droughts, and rising sea levels in India, forcing many people to leave their homes and move to safer places. These people are called internally displaced persons (IDPs). India, however, does not have a proper law to protect their rights or ensure their fair rehabilitation. This paper studies how the idea of equality must be understood through equity meaning fair and need-based treatment instead of the same treatment for everyone. It explains that people who suffer more because of climate change need extra legal protection and government support. Using examples from the Indian Constitution, court judgments, and international laws, the paper argues that India should create policies based on fairness and justice. It concludes that true equality for climate-displaced people can be achieved only when laws focus on rebuilding lives with dignity and equal opportunities.
- INTRODUCTION
Developmental policies in developing nations, including India, have been more focused on the economic benefit with the least attention on environmental protection and poverty elimination[1].Traditional and rural communities that rely primarily on the natural resources available in the surroundings for their sustenance face the outcome of these policies. These communities rarely participate in these policy formulations and therefore they do not have any say in compensation, displacement, employment, and any other socio-economic decisions.
Weather-related disasters such as extreme heat, droughts, and massive flooding are increasing both in frequency and intensity across India. While their impact is widespread, it is usually the vulnerable and economically weaker communities that suffer the most. These groups often live in disaster-prone regions, depend directly on natural resources for livelihood, and lack access to proper housing, healthcare, and legal protection. As a result, they are disproportionately affected by the consequences of climate change and displacement[2]. In 1976, Lester Brown first introduced the term “environmental refugees.” Later, in 1985, Essam El-Hinnawi elaborated on the concept, describing these individuals as people compelled to leave their native lands either temporarily or permanently due to environmental disruptions that threaten their lives and degrade their quality of living.² Over time, several related terms have emerged, including climate refugee, environmental displacee, climate migrant, and environmental migrant, all referring to persons displaced as a result of climate-induced or environmental disasters.³ However, these terms remain subject to ongoing debate, as climate-induced migration is a relatively new and evolving concept in international law.
Climate-induced migrants do not fit within the traditional definition of “refugee” as established under the 1951 Refugee Convention, leading to uncertainty and inconsistency in their legal status. This distinction becomes crucial in international discourse, where migrants and refugees are treated differently based on the nature of obligations imposed on host states. The International Organization for Migration (IOM) has emphasized the need to broaden the legal understanding of “refugee” to include persons displaced by environmental and climatic factors, as the current definition leaves such populations without recognition or adequate protection during relocation and resettlement[3]. The International Organization for Migration (IOM) and the United Nations High Commissioner for Refugees (UNHCR) have repeatedly stressed the need for an expanded definition of “refugee” to encompass those displaced by climate change. The Global Compact for Migration (2018) acknowledges climate change as a driver of migration, urging states to adopt cooperative frameworks, yet it remains non-binding. Similarly, the Warsaw International Mechanism for Loss and Damage (2013) under the UNFCCC highlights displacement due to climate change but offers limited enforcement mechanisms.
In the Indian context, climate-induced displacement is largely treated as a disaster management issue rather than a rights-based concern. The Disaster Management Act, 2005, and related policies focus on emergency response and relief but do not address long-term rehabilitation or legal recognition of displaced persons. States such as Assam, Odisha, and coastal regions of Gujarat and Tamil Nadu have witnessed large-scale internal migration due to floods, cyclones, and sea-level rise, yet the absence of a dedicated legal framework leaves affected communities vulnerable to poverty, social exclusion, and loss of identity.
Hence, it becomes essential to approach the issue of climate displacement not merely as an administrative challenge but as a matter of equity and justice, requiring proactive recognition and protection of displaced persons’ rights under constitutional and international obligations.
[1] Sehrawat, Madhu, A. K. Giri, et. al., “The impact of financial development, economic growth and energy consumption on environmental degradation: Evidence from India.” Management of Environmental Quality: An International Journal (2015).
[2] Deutsche Welle, India: Extreme weather fuels migration-related challenges, Hindustan Times (2025).
[3] Shreya Singh, Climate Migration and Displacement: Challenges and Responses, Indian Counsil of World Affairs (2024)