Blog post by Bushra Ali Khan, a Guest Member at University of Sussex and an incoming PhD student at King’s College London
As the impacts of climate change become increasingly severe, the phenomenon of climate migration is emerging as a critical issue in South Asia. India, with its vast and varied geography, faces significant environmental challenges that threaten to displace millions of people. Rising sea levels, desertification, floods, and unpredictable weather patterns are already forcing communities to abandon their homes and seek refuge elsewhere. Despite the growing scale of this crisis, India’s legal framework remains inadequate to address the needs of climate migrants, who are left in a vulnerable and precarious situation. This blog explores the urgent need for India to revise its legal and policy frameworks to provide protection and support for climate migrants, with a focus on the challenges faced by the displaced communities along the Sundarbans delta.
India is particularly susceptible to climate-induced migration due to its geographic and demographic characteristics. Coastal areas, especially in states like West Bengal, Odisha, and Gujarat, are experiencing the effects of rising sea levels, while regions like Rajasthan and Maharashtra are grappling with desertification and drought. The Sundarbans delta, straddling the India-Bangladesh border, is one of the most vulnerable regions, with increasing salinity, soil erosion, and flooding leading to large-scale displacement. According to estimates, millions of people could be displaced in India by 2050 due to climate change, leading to significant social, economic, and political challenges.
India’s existing legal framework is ill-equipped to handle the complex and multifaceted issue of climate migration. The country does not have a specific legal category for climate migrants, and its approach to migration and displacement is largely governed by outdated laws such as the 1946 Foreigners Act and the 1955 Citizenship Act. These laws do not differentiate between various types of migrants, treating refugees, economic migrants, and undocumented immigrants under the same legal framework. As a result, climate migrants do not receive the recognition or protection they require, leaving them vulnerable to exploitation, marginalisation, and statelessness.
Moreover, India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, which define the rights of refugees and the obligations of host countries. This further complicates the situation for climate migrants, who do not fit the traditional definition of refugees and therefore fall outside the scope of international protection. The absence of a clear legal framework means that climate migrants are often treated as illegal immigrants, subject to detention, deportation, and denial of basic rights.
Case Study: The Sundarbans Delta
The Sundarbans delta, located at the confluence of the Ganges, Brahmaputra, and Meghna rivers, stretches across India and Bangladesh. It is one of the largest and most biodiverse mangrove forests in the world, home to unique wildlife, including the endangered Bengal tiger. However, this ecologically sensitive region is also one of the most vulnerable to climate change and a host to some of the poorest and most vulnerable communities in South Asia.
The Sundarbans is facing a range of environmental threats that have intensified over the years, including:
- Decline in the landmass year by year: The region had shrunk by 210 km² since 1967 and by 451 km² since 1904, a trend consistent across both the Indian and Bangladesh. This degradation has affected the biodiversity of the Sundarbans, which in turn affects the livelihoods of those dependent on fishing and forest resources.
- Rising Sea Levels: Due to global warming, the sea level in the Bay of Bengal has been rising at an alarming rate. This has led to the submergence of several islands in the Sundarbans, resulting in the displacement of thousands of people.
- Cyclones and Storm Surges: The region is increasingly subjected to powerful cyclones, such as Cyclone Aila in 2009 and Cyclone Amphan in 2020. These storms cause massive destruction, including flooding, erosion, and loss of lives and livelihoods.
- Salinization of Soil and Water: The intrusion of seawater due to rising sea levels and storm surges has led to the salinization of soil and freshwater sources, making agriculture – one of the primary livelihoods in the region – unviable.
In the Indian part of the Sundarbans, several villages have already been submerged, forcing inhabitants to move to higher ground or migrate to urban areas like Kolkata. These climate migrants often face significant challenges in their new locations, including lack of access to housing, healthcare, and employment. Furthermore, without legal recognition as climate migrants, they are unable to claim any form of compensation or support from the government. This situation has led to increased poverty, social tensions, and a sense of hopelessness among the affected populations.
The Need for Legal Reform
Given the scale of the climate migration crisis in India, there is an urgent need to reform the country’s legal and policy frameworks to provide protection and support for those affected. India must recognise climate migrants and create a legal category distinct from other types of migrants and refugees. This recognition would allow for the formulation of specific policies and programs aimed at addressing the unique challenges faced by climate migrants, including access to housing, healthcare, education, and livelihoods.
While India is not a signatory to the 1951 Refugee Convention, it should consider adopting international norms and best region-specific practices for the protection of climate migrants. For example, to develop a comprehensive policy framework that addresses the various aspects of climate migration, from prevention and mitigation to adaptation and resettlement. This policy should be based on a thorough understanding of the environmental, social, and economic impacts of climate change, and include a commitment to the principle of non-refoulement, ensuring that climate migrants are not forcibly returned to areas where their lives and well-being would be at risk. The effective implementation of the suggested climate migration policies requires strengthening the institutional capacity of government agencies at all levels. This includes enhancing the ability of local governments to respond to climate-induced displacement, as well as improving coordination between different levels of government and across sectors.
Conclusion
Climate migration is a regional issue that transcends national borders in South Asia, demanding urgent attention from policymakers across the region. India should actively participate in regional dialogues and cooperate with neighbouring countries to develop joint strategies for managing climate-induced migration. By formally recognizing climate migrants as a distinct legal category and implementing comprehensive policies that prioritise their rights and needs, India can lead the way in addressing this escalating crisis. This approach would also help establish regional frameworks for the protection of climate migrants and facilitate the sharing of best practices and resources among South Asian nations.
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