Climate-Induced Displacement: Human Rights, Refugee Law, And International Protections – A Case Study Of The 2024 Wayanad Landslide In Kerala
- IJLLR Journal
- Apr 30
- 2 min read
Jewel Maria Sony, School of Legal Studies, CUSAT
Sharon Thomas, School of Legal Studies, CUSAT
ABSTRACT
Climate change represents a significant global challenge, disproportionately impacting vulnerable populations through severe weather phenomena, environmental degradation, and forced migration. One of the critical yet under-examined consequences of this phenomenon is climate-induced displacement within the Indian legal context. The 2024 landslide in Wayanad, Kerala, serves as a pertinent case study, resulting in extensive displacement among indigenous and rural communities. Despite the rising occurrence of such disasters, India currently lacks a specific legal framework to acknowledge and safeguard the rights of climate-displaced individuals. The existing provisions under the Disaster Management Act of 2005 primarily address immediate relief efforts but do not offer longterm rehabilitation or legal recognition for those who have been permanently displaced.
This research critically analyses the Wayanad landslide to identify deficiencies in India's legal framework and its compatibility with international human rights and refugee protection standards. Employing a qualitative methodology, the research utilizes case study analysis, legal doctrinal research, and thematic content analysis. The study evaluates international legal instruments, including the UN Refugee Convention, the Paris Agreement, and the Sendai Framework for Disaster Risk Reduction, to assess their relevance to climate-induced displacement in India. A comparative analysis with nations such as Bangladesh and various Pacific Island countries enhances the study’s recommendations, providing a comprehensive perspective on policy solutions.
This investigation aims to enrich legal scholarship by pinpointing significant deficiencies in India's climate displacement legislation and advocating for policy reforms that are consistent with international human rights norms. By illuminating the vulnerabilities faced by communities impacted by the Wayanad landslide, this study seeks to inform policy debates surrounding climate migration, disaster management, and legal safeguards, thereby providing a strategic framework for future legislative and policy advancements.
Keywords: Climate-induced displacement, human rights law, refugee law, Wayanad landslide, disaster management, environmental law, climate justice.
