When The River Claims Our Rights: Bihar’s Climate Emergency
- IJLLR Journal
- Sep 6
- 2 min read
Vishal Anand, Department of Law, Patna University, Patna
Pooja Kumari, Chanakya National Law University, Patna
ABSTRACT
Bihar, a land historically defined by its riverine geography, is now at the epicentre of India’s climate emergency. This article posits that the escalating frequency and intensity of climate-induced disasters, particularly floods and river erosion, constitute a profound and systemic human rights crisis. The changing monsoon patterns, intensified by global warming and Himalayan glacial melt, have transformed the state’s rivers, especially the Kosi, from life-givers into agents of displacement and destitution. This analysis moves beyond the traditional “natural disaster” narrative to frame the situation as a violation of fundamental rights guaranteed under the Constitution of India. It examines the erosion of the right to life and dignity (Article 21), the effective nullification of the right to property (Article 300A) for riparian communities whose lands are claimed by rivers, and the systematic destruction of the right to livelihood for millions dependent on agriculture. The article critically evaluates the national and state-level legal and policy frameworks, including the Disaster Management Act 2005 and the Bihar State Action Plan on Climate Change, arguing that their top-down, engineering-centric approach-epitomised by the controversial embankment strategy-has often exacerbated vulnerability rather than alleviating it. By foregrounding the lived experiences of affected communities, it underscores the disproportionate impact on marginalised groups, including Dalits, Mahadalits, and women, creating a new class of climate refugees within India’s borders. The article concludes by advocating for a paradigm shift towards a climate justice framework, demanding legal recognition for climate-displaced persons, community-centric adaptation strategies, and robust accountability mechanisms to ensure that the rights of Bihar’s citizens are not washed away with the rising waters.
Keywords: Bihar, Climate Justice, Human Rights, Internal Displacement, River Erosion.
