Context
- As climate change accelerates, India’s coastal regions are witnessing not just environmental degradation but also profound socio-economic disruptions.
- Rising sea levels, saltwater intrusion, and unchecked development are displacing communities dependent on coastal ecosystems, forcing them into vulnerable urban labour markets.
- This article examines the legal, environmental, and human rights challenges posed by climate-induced displacement, and argues for a rights-based policy framework to protect and rehabilitate the affected populations as part of India’s broader climate adaptation strategy.
Climate Change and Coastal Displacement in India
- Reshaping the Coastline
- India’s eastern and western seaboards are undergoing dramatic transformation due to rising sea levels, saltwater intrusion, and unregulated development.
- Agricultural and fishing communities, historically reliant on coastal ecosystems, are being uprooted and forced into migration.
- Inadequate Resettlement
- Villages like Satabhaya in Odisha have vanished, with displaced residents moved to government colonies that fail to ensure sustainable livelihoods.
- Displacement and environmental degradation are affecting regions such as Karnataka’s Honnavar, Tamil Nadu’s Nagapattinam, Gujarat’s Kutch, and parts of Kerala.
- Displaced populations are pushed into precarious urban labour markets, lacking legal safeguards and adequate state support.
Projects and Environmental Degradation: A Vicious Cycle
- Coastal Development Fuelling Ecological Loss
- Industrial projects like ports, energy hubs, and aquaculture under schemes like Sagarmala have led to large-scale clearing of mangroves, sand dunes, and wetlands—natural buffers against climate impacts.
- Environmental approvals often overlook cumulative climate vulnerabilities, promoting a development model that exacerbates ecological degradation and community displacement.
- Displacement into Informal Urban Labour
- Displaced coastal populations are being absorbed into informal jobs in cities like Bhubaneswar, Chennai, Hyderabad, and Mumbai, lacking job security and social safety nets.
- Rise of Labour Exploitation
- Migrants face systemic exploitation—through debt bondage, absence of legal protections under labour laws, and gendered abuse in domestic and low-wage work sectors.
Legal Gaps in Addressing Climate Displacement
- Absence of a Specific Legal Framework
- While Article 21 of the Constitution guarantees the right to life and dignity, India lacks a dedicated law for those displaced by slow-onset climate disasters.
- Current laws—like the Disaster Management Act (2005), Environment (Protection) Act (1986), and Coastal Regulation Zone (CRZ) Notifications—focus on environmental protection or emergency relief, not long-term rehabilitation or livelihood integration.
- Inadequate Coastal and Climate Policies
- The CRZ Notification, 2019, intended to ensure sustainable coastal management, has been criticised for prioritising tourism and industrial development over the rights of traditional fishing communities.
- Diluted zoning has enabled unchecked commercial projects without informed consent, violating national and international environmental norms.
- Policy Shortfalls in Climate Adaptation Plans
- The National Action Plan on Climate Change (NAPCC) and State Action Plans acknowledge vulnerability but lack targeted strategies for rehabilitating displaced populations or integrating them into formal labour markets.
- Labour Codes and Migrant Protections
- India’s recent Labour Codes fail to recognise or protect climate migrants, particularly in informal sectors like construction and domestic work, where such migrants are overrepresented.
- Judicial Recognition Without Legislative Translation
- Key Supreme Court judgments—M.C. Mehta v. Union of India (1987) and Indian Council for Enviro-Legal Action v. Union of India (1996)—established the link between environment and fundamental rights.
- However, these principles have not been translated into binding, community-centric legal safeguards for climate-induced displacement.
- Managed Retreat Without Safeguards
- As climate change is increasingly used to justify displacement under the guise of “managed retreat,” the absence of participatory planning and rights-based safeguards raises serious concerns for the displaced.
Building a Rights-Based Framework for Climate Migrants
- Integration into National Policies
- Climate migrants must be formally recognised in India’s migration and urban planning frameworks to ensure inclusive and equitable adaptation strategies.
- Guaranteeing Core Rights and Services
- A rights-based approach should ensure access to decent work, housing, education, and healthcare for displaced communities, particularly in urban informal sectors.
- Reforming Labour Codes
- Labour laws must be revised to extend explicit protections to climate migrants, especially in vulnerable sectors like construction and domestic work where exploitation is rampant.
- Rethinking Coastal Zone Management
- Coastal management policies must shift focus from commercial development to ecological sustainability and protection of community rights.
- Aligning with Global Commitments
- India’s pursuit of SDG Target 8.7—ending forced labour and promoting decent work—depends on addressing vulnerabilities caused by climate displacement.
- A Test of Democratic Values
- Upholding the rights and dignity of climate-affected populations is not just about adaptation—it is a moral and constitutional imperative for India.