Climate Induced Displacement And The Right To Rehabilitation: A Socio-Legal Analysis
- IJLLR Journal
- Oct 15
- 1 min read
Bincy Mariam Biju, Ashbin V Karim & Yumna KP, Bharata Matha School of Legal Studies
ABSTRACT
Climate change has evolved from an environmental phenomenon into a pressing human-rights and social-justice crisis. Extreme weather events, sea- level rise, coastal erosion, recurrent floods, and prolonged droughts are already triggering large-scale internal displacements in India and worldwide, disproportionally affecting marginalized communities who lack the resources to adapt or relocate. Despite policy rhetoric on “adaptation” and international commitments under the Paris Agreement, India lacks a dedicated legal framework that recognises climate-induced displacement as a distinct category requiring a rights-based Right to Rehabilitation. This paper offers a socio-legal analysis of climate displacement in India. It maps empirical patterns of displacement, critically examines the adequacy of existing laws (notably the Disaster Management Act, 2005 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013), and evaluates judicial approaches that have shaped environmental justice in India. Drawing on international instruments particularly the Guiding Principles on Internal Displacement and comparative experiences, the paper argues that rehabilitation must be reframed as a justiciable element of the right to life and dignity under Article 21 of the Constitution. The article concludes with model policy architecture for a National Climate Displacement and Rehabilitation Framework grounded in environmental justice, gender sensitivity, and intergenerational equity.
