Climate Refugees: A Lacuna In A Non-existent Refugee Law

In a technological advancing world, climate-induced displacement has been escalating for years now, yet climate refugees still lack legal recognition under both and Indian and international frameworks. Although the 1951 Refugee Convention defines refugees as those individuals who are fleeing persecution based on race, religion, nationality, social group, or political opinion, the convention has failed to including those displaced by climatic events such as floods, droughts, rising sea levels, etc. The title of this paper, “Climate Refugees: A Lacuna In A Non-existent Refugee Law” is a rhetorical emphasis to address the significance of the subject matter that has been ignored for far too long. Thus, the title is deliberately provocative to address the dual failure in the part of the policy-makers of the country, leading the readers to engage with the rhetoric with their own suggestions as this paper examines the absence of refugee laws in India, which has not ratified the 1951 Convention, leaving refugees without formal recognition or protection. It would also highlight the legal gaps concerning climate refugees through an analysis of international conventions, regional agreements, and case studies, underlining the urgent need for legal reforms in the subject. The paper further highlights potential solutions for the same including climate humanitarian visas, the Model International Mobility Convention, and human rights law that protect displaced populations. By focusing on the complexities and challenges present in addressing climate-induced displacement, this paper aims to find potential solutions for those seeking refugee from displacement due to climate change.