Analysis Of The Legal And Policy Framework For The Protection Of Natural Disaster- Induced Internally Displaced In India: Lessons From The Kampala Convention
- IJLLR Journal
- 15 hours ago
- 2 min read
Shreyasi Bhattacharya, University Research Fellow, WBNUJS
Prof. Dr. NK Chakraborty, Former Vice-Chancellor, WBNUJS
ABSTRACT
With increased climatic events and rise of natural disasters, internal displacement has overwhelmingly proliferated with IDMC estimates showing that out of the 83.4 million IDPs by the end of 2024, disasters remaining a major factor for displacement. India has been no exception with monsoon floods alone contributing to a displacement figuring around 2.4 million in 2024. Unlike refugees however, international mechanisms of internal displacement are still largely governed within the sovereign confines of the State. In absence of any international hard law framework governing the phenomenon of internal displacement, the Guiding Principles of 1998 is the primary soft law instrument which deals with IDPs. However, regionally, there lies numerous comprehensive frameworks that effectively encompass various aspects of internal displacement. In particular, the Kampala Convention developed in the African region exemplify what a well-informed IDP framework must encompass. It is the first regional, binding convention that deals with all the stages and issues surrounding internal displacement from a rights-based approach. In this article, the authors explore Kamapala Convention and other frameworks in the African region which with various aspects of IDPs, including but not limited to pre-displacement measures, humanitarian measures, rehabilitation etc and attempt to identify relevant norms regarding IDP protection. The authors further explore Indian frameworks of displacement and its current shortcomings. The authors also discuss the issues concerning the uncoordinated disjointed mesh of laws governing IDPs in India which potentially vulnerate IDPs to natural disasters. Finally, the authors conclude with a discussion of some possible governing principles that must inform any Indian IDP related framework.
Keywords: Internal Displacement, Kampala Convention, Natural Disasters, Vulnerability
