Author: Krati Agarwal, 3rd year LL.B. student at Amity University, Gwalior

⁠Introduction

The 21st century has been defined by mass displacement, traditionally driven by conflict and political persecution. However, as the provided dissertation notes, humanity is entering an era where "climate change sparks mass migration on an unprecedented scale". While international law has long focused on political refugees, there is a growing legal vacuum for those displaced by environmental
collapse—individuals often termed "climate refugees." This paper explores how India, despite lacking a formal refugee law, can utilize its constitutional "Rule of Law" to protect this new class of displaced persons.

The Legal Gap

Defining the Climate Refugee The 1951 Refugee Convention defines a refugee based on a "wellfounded fear of persecution". This narrow definition excludes those fleeing natural disasters or rising sea levels.

The Inadequacy of Current Terms

The dissertation highlights "significant confusion" regarding terms like "eco migrants" and "environmental refugees". India’s Ad-Hoc Reality: India currently manages refugees through "ad-hoc administrative measures" rather than statutory law. For climate refugees, this lack of structure creates a risk of they being treated as "illegal migrants" rather than individuals in need of humanitarian protection.

⁠Constitutional Safeguards and the Rule of Law

The most potent argument for protecting displaced persons in India lies in the "Rule of Law" as an integral part of the Constitution's basic structure. Universal Rights: Article 14 (Equality) and Article 21 (Right to Life) of the Indian Constitution apply to all "persons," not just citizens.

Judicial Activism

Indian courts have historically filled the gaps left by the legislature, applying the principle of non-refoulement as a facet of the Right to Life. This same logic can be extended to climate refugees, where returning them to a disaster-prone homeland would be a violation of their life and dignity.

⁠Challenges: Security vs. Humanitarianism

A primary hurdle in formalizing refugee law in India is the "fear of security threats".   Resource Competition: In areas like Delhi or Mizoram, competition for limited resources already leads to friction between refugees and local populations.   Policy Hesitation: The government often prefers a "wavering stance" to maintain "irregular extradition powers". However, the paper argues that a formal "refugee regime" would actually enhance security by creating a "fair, expeditious, and firm process" for identifying and documenting arrivals.