Context

As climate change intensifies, India’s coastal regions are grappling not only with environmental destruction but also deep socio-economic disruptions.

Rising sea levels, saltwater intrusion, and unchecked industrial development are displacing coastal populations, pushing them into insecure and informal urban labour markets.

This situation raises urgent legal, environmental, and human rights concerns, and calls for a rights-based policy framework to ensure protection and rehabilitation of affected communities as part of India’s climate adaptation strategy.

Climate Change and Coastal Displacement in India

Transforming the Coastline

• India’s eastern and western coastal belts are being reshaped by:
• Sea level rise
• Saltwater intrusion
• Unregulated and climate-insensitive development
• Agricultural and fishing communities, traditionally dependent on coastal ecosystems, are being uprooted and forced to migrate.

Examples of Inadequate Resettlement

• Satabhaya (Odisha): Entire village disappeared due to sea encroachment; residents relocated to government colonies lacking livelihood support.
• Displacement patterns are also visible in:
• Honnavar (Karnataka)
• Nagapattinam (Tamil Nadu)
• Kutch (Gujarat)
• Parts of Kerala
• Resettled populations are often absorbed into low-paid, insecure urban labour without legal protections or government support.

Ecological Loss Driven by Development Projects

Projects Worsening Coastal Fragility

• Infrastructure schemes (e.g. Sagarmala) involving ports, aquaculture farms, and energy facilities have:
• Destroyed natural coastal barriers like mangroves and sand dunes
• Increased the vulnerability of coastlines to climate impacts
• Environmental approvals typically ignore cumulative and long-term climate risks, reinforcing a destructive development paradigm.

Urban Labour Absorption and Exploitation

• Migrants relocate to cities such as Mumbai, Chennai, Hyderabad, and Bhubaneswar, taking up work in:
• Construction
• Domestic work
• Other informal sectors
• They often experience:
• Debt bondage
• Gender-based abuse
• Exclusion from legal and social protections

Legal and Policy Gaps

Lack of Dedicated Legal Framework

• While Article 21 of the Indian Constitution protects the right to life and dignity, there is no specific legislation to address displacement caused by slow-onset climate change.
• Existing legal tools like:
• Disaster Management Act, 2005
• Environment Protection Act, 1986
• Coastal Regulation Zone (CRZ) Notifications
  ...deal with emergency relief or conservation, not rehabilitation or labour integration.

Flaws in Coastal and Climate Policies

• CRZ Notification, 2019:
• Intended for sustainable coastal governance
• Criticised for promoting tourism and industry at the expense of traditional fishing communities
• Zoning changes allowed large-scale commercial expansion without community consultation
• National and State Action Plans on Climate Change:
• Recognise coastal vulnerability
• Do not provide targeted rehabilitation policies for displaced people

Labour Codes and Migration Oversight

Gaps in Labour Protection

• New Labour Codes do not:
• Address climate-induced internal migration
• Provide safeguards for migrants in informal sectors like construction or domestic work

Judicial Recognition Yet Policy Inaction

• Supreme Court decisions like:
• M.C. Mehta v. Union of India (1987)
• Indian Council for Enviro-Legal Action v. Union of India (1996)
  ...linked environmental protection to fundamental rights
• However, these judicial principles have not been codified into legally binding protections for climate migrants

Managed Retreat without Safeguards

• Authorities increasingly justify displacement through “managed retreat” (planned relocation due to environmental hazards)
• But without inclusive planning and rights-based frameworks, such policies undermine the dignity and autonomy of the displaced

Towards a Rights-Based Climate Displacement Framework

Incorporating Climate Migrants into National Policy

• Climate-affected migrants should be officially recognised in:
• Urban planning
• Social security
• Employment schemes

Ensuring Access to Essential Rights

• Policies must guarantee core entitlements such as:
• Decent work
• Affordable housing
• Healthcare
• Education
• Special attention needed for urban informal workers, where climate migrants are concentrated

Reforming Labour Laws

• Labour legislation should:
• Recognise climate migrants as a vulnerable category
• Extend explicit protections to workers in informal sectors

Revisiting Coastal Zone Governance

• Coastal policies must shift from commercial exploitation to:
• Ecological conservation
• Recognition of traditional community rights
• Inclusive stakeholder consultation

Global Commitments

• Addressing climate displacement is essential for India’s obligations under:
• Sustainable Development Goal 8.7 – eliminate forced labour, promote decent employment
• Paris Climate Agreement and associated climate justice commitments

Conclusion: A Test of Democratic and Constitutional Values

Responding to climate-induced displacement is not only a policy necessity—it is a constitutional duty and ethical responsibility. Ensuring the dignity, participation, and protection of displaced communities reflects the true test of India’s democratic values in the era of climate crisis.