'Who are you' is a question that can frighten anyone to the core when you seek protection from the concerned authority. The same question is being asked to people who have faced the brunt of nature seeking a haven to live in while their previous livelihood is dilapidated. In simple terms, they could be described as people who were forcefully displaced from their previous habitats to seek a new residence due to either gradual or sudden climatic catastrophe. They are to be considered climate refugees or climate migrants or environmental refugees.

There has been a global debate over the naming of people who have been displaced due to climate change. Climate Refugee is an unofficial term utilised by popular media houses such as BBC[1] and The Indian Express[2] to refer to people migrating due to climate change. The critical view revolving around the term could be associated with its highly politicised and unilateral nature.

The term refugee has been recognised under Article 1[3] of the 1951 Refugee Convention. It describes people belonging to a race, religion, nationality, member of a particular social group or political opinion, and unwilling and unable to seek protection in their country due to the fear of persecution would come under the purview of the term. Non-inclusivity of climate-induced migrants in the definition is an issue lingering, that has been halted due to reasons such as movement within the nation, clipping of the status of people falling under the definition[4], etc.

The need of the hour is locating an umbrella term or universally assented term that might reckon both cross-border as well as intra-nation movements. This debate needs resolution to provide adequate protection to the victims.

India's Not In A Different Shoe

India, per se, does not have a different stance towards this community because there is also no certain definition of climate refugees within the Indian Jurisprudence[5]. Instances of floods, cyclones, and saltwater intrusions will only exacerbate the present situation by increasing the influx of people from neighboring countries[6] causing great distress on the political and social area of the nation. The Syrian refugee crisis might be an appropriate display of it. Reports[7] expose that a humongous population of 1.5 million are displaced due to climate change per year in India and the global stats render approximately 19.3 million people per year as displaced due to climate change.

These statistics showcase the exigency for real-time interventions on the part of the policymakers to the imminent threat of chaos and instability. But the case seems demoralizing due to the absence of mention of climate change and climate migration in the manifestos of major political parties in the imminent general elections. This exposes the solemnity of Indian politicians about climate change and its lethal repercussions.

Unveiling The Rationale For Recognising Climate Migrants

Lohachara[8], an inhabited island in Sunderbans, disappeared under the sea in 1996 forcing the inhabitants to relocate and further instances[9] of forceful movement of the native population of Sunderbans must unleash a palpable fear of the imminent wrath of nature. A colossal population of approximately 3.3 million has been shifted due to disasters specifically in the South Asia region, according to the latest report[10]of the 2023 Internal Displacement Monitoring Centre (IDMC).

Questions orbiting around their livelihood and basic needs go unanswered reason being the lack of legal mechanism to recognise them and provide justified support. This unveils the somberness of the issue concerned which accompanies grave repercussions to be dealt with. India is the fourth worst-hit nation for climate migration[11] and estimates have been set that around 45 million people might vacate their homes in India by 2050 due to extreme weather conditions. Non-recognition of the victims would only worsen their condition at the ground level as they would be non-eligible under any protective scheme. Primarily, three strong needs for recognition are being laid down:

• Recognition: The Key Shield for Robust Protection
  • The state of being unrecognised unlocks the fear of non-existence in the minds of the victims.
  • Climate is not one of the criteria to be eligible for the definition of a refugee under the 1951 Refugee Convention.
  • Apart from the Disaster Management Act, 2005, which only addresses emergency measures like giving citizens access to healthcare, essential goods, and other services, there is no legislation in India that acknowledges victims.
  • However, none of the laws address refugee inflow and rehabilitation from neighboring countries. Hence, they become non-eligible for any protection.
  • Encapsulating climate refugees under an umbrella term would help bring a directional approach towards their protection.
• Who is Accountable?
  • Due to the lack of recognition, accountability cannot be raised which ultimately weakens the situation of victims.
  • Currently, no one can be held accountable under any national or international rules for not aiding the climate migrants.
  • On the international scale, no binding treaty or convention protects the rights of the marginalised due to climate change.
  • Although provisions of responsibility of the central government for mitigation and prevention of disasters have been talked about in the Disaster Management Act, 2005, but no accountability lies on the part of the government for the rehabilitation of people who migrated from a different nation or people who have been permanently displaced.
• Accompanied Loss
  • India is one of the biggest hosts of climate refugees in the Southeast Asia region and as the wave of migration brings a plethora of people towards the safer side of the region to save themselves, it is accompanied by pertinent issues exposing vulnerabilities by displaying political and economic instability carried forward by an increase in social inequality.
  • However, due to the paucity of recognition, not only do the affected become endangered under these circumstances but also threatens the livelihood of people residing in the area they migrated.
  • A chaotic state only worsens the condition for everyone.

Unlocking Solutions In Recognizing Climate Migrants

Environment-induced migration is a multi-faceted problem that has deepened its roots making it difficult to untangle the issue. The solutions to this multi-layered issue are also complex entangled with different perspectives and approaches. In this article, two prime solutions have been posed that are interlinked to fulfill themselves and their objectives.
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• Comprehensive Analysis: Definitions are crucial for defining policies and in the identification of rights and obligations. None of the policy measures could be successfully implemented unless there is a proper conceptualisation of the phenomenon of climate-induced migration. Hence, this should be the modus operandi. The denominating process automatically gets defeated without any standard and empirical data, which has been significantly lacking in contemporary times, and hence undermines the aim of solidifying policies for the welfare of the affected. Realistically, a thorough analysis is a must which could be achieved by surveys, ground-level research, data collection, and analysis of previous records of such activities. R&D could be done to gain a better understanding of the impacts (social, political, economic, cultural) of the phenomenon which would provide policymakers with more data to work on and put forth long-term policies and sustainable livelihood frameworks.
   
• Local Efforts: Specific problems need specific solutions and the issue of climate refugee, and their recognition is no different. Regional deliberations could be one route for addressing this imperative hitch. Examples of Finland, Sweden (both the laws are repealed but could be an inspiration), and Italy could serve as an example for policymakers and relevant stakeholders in India to adopt crucial takeaways from these laws. This step would further showcase the potency of the regional efforts in dealing with the issue of climate refugees on the national level. In furtherance of the above-mentioned step, a call for new law could possibly be the next move towards the recognition of climate refugees. Pardyut Bordoloi, a member of parliament (M.P.) introduced a private member bill as Climate Migrants (Protection and Rehabilitation) Bill, 2022 (CMPRB, 2022) in the parliament mentioning rehabilitation of both sudden and slow disasters. Along similar lines, The Rehabilitation and Relocation of Persons Displaced Due to Climate Change Bill, 2022 (RRPDCCB, 2022) by M.P. Heena Vijay Kumar Gavit aims for the smooth rehabilitation of the internally displaced people of the country. Unfortunately, their shot flew under the radar due to the unfamiliarity of the topic concerned, and hence, their bills are currently pending and left unpondered. This pending status of bills degrades the situation as no interactive deliberations could unfold at the national level, hence public appeal must be raised on this issue to ponder and provide protective mechanisms to the victims.
   
• However, these bills offered a walkthrough for the upcoming legislation encircling the issue with a few pragmatic mechanisms and concepts that must be considered, which are listed below:
   
• Comprehensive Definition: Both bills have made strides in encompassing the diverse spectrum of people migrating due to climate change. However, a more comprehensive definition of climate migrants is found in section 2(c) of the CMPRB, 2022. The inclusivity of the definition can be judged on the consideration of the varied circumstances, such as individuals forcibly displaced due to climate-induced factors, evacuees from risk-prone habitats, and those voluntarily migrating owing to depreciated livelihood because of climate-induced factors or slow-onset climatic processes. This extensive definition potentially resolves the persistent battle of recognition of climate-induced migrants, marking a progressive and commendable step towards addressing this critical humanitarian issue.
   
• Principled Stewardship: The establishment of an authority committed to climate migration is another laudatory advancement toward climate justice and protection. The RRPDCCB, 2022 calls this body as National Committee on Internally Displaced Persons, whereas the CMPRB, 2022 named it as National Climate Migration Authority. Notwithstanding the difference in nomenclature, both institutes share a directive i.e. addressing the 3Rs i.e. rehabilitation, relocation, and resettlement of internally displaced persons. Their job further extends to include rescue operations, providing adequate shelter, medical and educational services, employment opportunities, preparation of contingency plans, and issuance of identity cards. Furthermore, the decentralisation of power at the state and district level will expedite the implementation of the 3Rs at the grassroots level, resultantly enhancing the overall efficiency of the whole initiative. Additionally, RRPDCCB, 2022 institutes a watchdog tasked with reviewing and monitoring the implementation of the 3Rs under the statute. This kind of oversight body is imperative to clamp down on the risks of inadequate implementation and ill practices in the process.
   
• Ethical Funding: Both bills underscore the emphasis on the establishment of a dedicated fund, to finance the process sourced from the coffers of the central government, fulfilling the purposes of the respective bill. Intriguingly, the CMPRB, 2022 allocates an amount of one thousand crore rupees for this deed. Furthermore, the legislation estimates a sum of rupees three thousand crores per annum as recurring expenditure, which will be deducted from the Consolidated Fund of India.

It is essential to ensure that the allocated sum for this philanthropic endeavor is not defrauded for personal gain through corrupt activities under the pretext of assisting the marginalised. Such malfeasance would cause dual loss, negatively affecting both the victims and the taxpayers, whose invaluable contributions are being utilised for this humanitarian cause.

Conclusion
Climate change has emerged as one of the cardinal issues in global geopolitics, questioning the destructive deeds of mankind that not only ravage the Earth but also compel people to flee from their habitat. The noteworthy lack of recognition at both global and national levels exacerbates the plight of climate migrants, who are not only seeking better opportunities but are often grappling with the brunt of environmental upheaval.

As their numbers rise exponentially, policymakers, organisations, and societies must acknowledge their existence, understand their unique challenges, and enact protective schemes. Furthermore, citizens must stride forward in mitigating the devastating effects of climate change by resorting to eco-friendly substitutes, thereby fostering a safe and secure environment for all living organisms.

With the commencement of a new regime of government in India in 2024, it is notable that the pertinent challenge of climate change and its catastrophic aftereffects, including climate migration must be flagged on the national stage, insisting the policymakers work on these pivotal issues rather than debating on trivial and personal vengeance because a failure to do so not only perpetuate the suffering of the victims of climate change but also sabotages the efforts to mitigate climate change.

End-Notes:

1. Sadiqur Rahman, How Bangladesh is supporting climate refugees, Bbc (May 10, 2024, 6:53 PM), https://www.bbc.com/future/article/20231206-how-bangladesh-is-supporting-climate-refugees.
2. Abhishek Chakravarty, Climate refugees and Assam's future, Indian Express (May 10, 2024, 6:59 PM), https://indianexpress.com/article/opinion/climate-refugees-and-assams-future-7165653/.
3. Convention relating to the Status of Refugees, art. I, July 18, 1951.
4. Dina Ionesco, Let's Talk About Climate Migrants, Not Climate Refugees, United Nations (May 10, 2024, 7:11 PM), https://www.un.org/sustainabledevelopment/blog/2019/06/lets-talk-about-climate-migrants-not-climate-refugees/.
5. Rongeet Poddar, The Question of Climate Refugees: Does India Need a Legal Framework?, Law School Policy Review & Kautilya Society (May 11, 2024, 8:59 PM), https://lawschoolpolicyreview.com/2019/07/28/the-question-of-climate-refugees-does-india-need-a-legal-framework/ - :~:text=The question naturally arises whether,specifically cater to this issue.
6. Hamsa Vijayaraghavan and Deepti Somani, As Climate Change Worsens, India Must Consider a Policy on Environmental Migration, The Wire (May 11, 2024, 9:11 PM), https://thewire.in/environment/environmental-migration-india-need-policy.
7. Sincy Wilson, Recognition of Climate refugees: What should be India's stand?, Refugee Law Initiative (May 11, 2024, 9:19 PM), https://rli.blogs.sas.ac.uk/2021/03/18/recognition-of-climate-refugees-what-should-be-indias-stand/.
8. Sundarbans residents bear the brunt of climate-induced displacement, Frontline (May 11, 2024, 10:01 PM), https://frontline.thehindu.com/news/on-islands-swallowed-by-water-there-is-nowhere-else-to-go-sundarbans-mangrove-forests-river-erosion-climate-induced-displacement-distress-migration/article67792317.ece - :~:text=In the face of limited,tidal bores and storm surges.
9. Dipanjan Sinha, Sundarbans' climate refugees face an uncertain future, Deutsche Welle (May 12, 2024, 12:12 AM), https://www.dw.com/en/forgotten-people-sundarbans-climate-refugees-forced-to-move-again/a-61162969.
10. 2023 Global Report on Internal Displacement (2023), Internal Displacement Monitoring Centre.
11. Murali Krishnan, India: Migration from climate change getting worse, Deutsche Welle (May 14, 2024, 4:31 PM), https://www.dw.com/en/india-migration-from-climate-change-getting-worse/a-65369043.
12. Disaster Management Act, 2005, § 36, No. 53, Acts of Parliament, 1949 (India).
13. Id. at 2.
14. India among top three host countries of international migrants, refugees and asylum seekers in South-East Asia region in 2020, The Economic Times (May 15, 2024, 11:59 AM), https://economictimes.indiatimes.com/news/india/india-among-top-three-host-countries-of-international-migrants-refugees-and-asylum-seekers-in-south-east-asia-region-in-2020/articleshow/93011530.cms?from=mdr.
15. The White House, Report on the Impact of Climate Change on Migration (2021).
16. Rajan Chandra Ghosh and Caroline Orchiston, A systematic review of climate migration research: gaps in existing literature, 2 SpringerLink 47, 17 (2022).
17. Hannah Tyler, Climate Migration, Bipartisan Policy Center (May 17, 2024, 6:41 PM), https://bipartisanpolicy.org/download/?file=/wp-content/uploads/2022/03/BPC_Issue-Brief_ClimateMigration_R06448.pdf.
18. Climate Migrants (Protection and Rehabilitation) Bill, 2022, Bill No. 160 of 2022, (December 9, 2022).
19. Zumbish, 'It is high time India has a law that recognises climate migrants', Down to Earth (May 17, 2024, 7:59 PM), https://www.downtoearth.org.in/interviews/climate-change/-it-is-high-time-india-has-a-law-that-recognises-climate-migrants--91447.
20. Rehabilitation And Relocation Of Persons Displaced Due To Climate Change Bill, 2022, Bill No. 142 of 2022, (July 5, 2022).