Rising seas, shifting lives and a test of democratic values
Why in the News ?
India’s coastal regions are facing rapid environmental degradation and sea-level rise due to climate change. This has led to the displacement of traditional communities, particularly those dependent on agriculture and fishing, into precarious urban informal economies.
The article by Bhoomika Choudhury, an international lawyer, highlights how climate-induced displacement is not only an environmental crisis but also a social justice and human rights issue, exposing legal gaps, labour exploitation, and failures in democratic accountability.
Background
- India has over 7,500 km of coastline, home to millions dependent on marine and coastal ecosystems.
- Climate change effects like rising sea levels, saltwater intrusion, and intensified cyclones are making many coastal areas uninhabitable.
- Coastal development initiatives such as Sagarmala, tourism, ports, and aquaculture have worsened ecosystem degradation by destroying natural buffers like mangroves and dunes.
- Key regions affected: Satabhaya (Odisha), Honnavar (Karnataka), Nagapattinam (Tamil Nadu), Kutch (Gujarat), and Kerala’s lowlands.
Features
Rising Climate Displacement
- Communities are forced to migrate inland or into urban areas due to erosion, flooding, and habitat loss.
- Saltwater intrusion ruins freshwater sources and farmlands.
Urban Migration and Labour Exploitation
- Displaced individuals end up in informal sectors (construction, brick kilns, domestic work) in cities like Mumbai, Chennai, Hyderabad, and Bhubaneswar.
- Exploitation patterns:
- Debt bondage
- Gendered abuse in domestic work
- Absence of legal protections under existing labour laws
Ecological and Regulatory Failures
- Environmental clearances ignore climate vulnerability assessments.
- CRZ Notification 2019 diluted safeguards, prioritising tourism and industrial development over community rights.
Legal Vacuum
- No specific law exists to protect climate migrants in India.
- Existing laws (DM Act 2005, EPA 1986, CRZ norms) focus on disaster relief or environmental impact, not socio-economic rehabilitation.
- Labour Codes (post-2019 reforms) do not include climate-displaced workers.
Resistance and Rights Movements
- Examples of grassroots resistance:
- Adani port protests at Ennore Creek
- Save Satabhaya campaign in Odisha
- Pattuvam Mangrove Movement in Kerala
Challenges
Legal and Policy Gaps
- No definition or recognition of climate migrants in Indian law or policy.
- Absence of rehabilitation, labour rights, or integration strategies for displaced populations.
Human Rights Violations
- Displaced individuals lack access to decent work, healthcare, education, and safe housing.
- Violation of Article 21 (Right to life with dignity) and international labour standards.
Environmental Injustice
- Development-led displacement often happens without informed consent or community participation.
- Indigenous and coastal communities are sacrificed for industrial gain.
Gendered Impacts
- Women are disproportionately affected:
- Enter unsafe, underpaid work in urban areas.
- Higher risk of trafficking and violence.
Lack of Institutional Coordination
- Fragmented response across ministries and states.
- No national adaptation framework to address long-term displacement.
Suppression of Dissent
- Environmental defenders and activists face intimidation, surveillance, and criminalisation, which threaten constitutional rights to protest and association
Way Forward
Recognition of Climate Migrants
- Legally define climate-induced displacement in national migration, labour, and urban policies.
- Include slow-onset events (sea rise, salinisation) as triggers for migration rights.
Reform Labour Codes
- Extend labour protections to informal workers affected by climate migration.
- Include them under the Building and Other Construction Workers Act, Social Security Code, and domestic worker protections.
Reform Coastal Regulation
- Revisit the CRZ Notification 2019 to align with:
- Community rights
- Ecosystem protection
- Participatory planning
Mainstream Climate Adaptation
- Integrate displacement issues into the National Action Plan on Climate Change (NAPCC) and State Action Plans (SAPCCs).
- Focus on livelihood regeneration, not just relocation.
Strengthen Urban Planning
- Provide climate migrant-inclusive housing, skilling, education, and health in cities.
- Avoid ghettoisation and informal settlements.
Environmental Justice Approach
- Implement Supreme Court jurisprudence (M.C. Mehta, Enviro-Legal Action) to treat environmental harm as a human rights violation.
- Develop community-centric legal frameworks that link environmental protection with constitutional dignity.
Ensure Participatory Governance
- Involve local communities, especially women and fisherfolk unions, in planning and decision-making.
- Enforce free, prior, and informed consent (FPIC) before any project approval.
Protect Environmental Defenders
- Enforce constitutional rights to protest and protect activists from harassment and criminalisation.
Conclusion
The rising sea is not just an ecological threat but a moral and democratic test. Climate displacement in India’s coastal regions exposes a systemic failure to protect the vulnerable economically, legally, and socially. A rights-based, inclusive, and participatory policy framework is not just desirable, it is essential. India’s response to this unfolding crisis will define its commitment to constitutional values, sustainable development, and climate justice.
MAINS PRACTICE QUESTION
Question: Rising sea levels and coastal erosion have triggered silent but large-scale internal displacement in India. Critically analyse the legal and institutional gaps in addressing climate migration.
