Climate displacement in India: exploring the current legal framework and proposed legal initiatives

Studies indicate that, by 2059, 44 million people are expected to be displaced in India by sudden and slow climate-induced disasters like cyclones, floods and droughts. This article presents this landscape of climate displacement in India and explores the suitability of the existing legal framework for dealing with it, particularly through examination of the Action Plans on Climate Change and legislation such as the Disaster Management Act 2005. The article also notes the judicial response to the issue and then analyses proposed legal initiatives – two Private Member’s bills – tabled in India’s Parliament that stress the need for protection, resettlement and rehabilitation of people displaced due to climate change events. The article concludes that a human rights approach is desirable where affected communities have a say in outlining their needs.