Displaced by Rising Tides: Legal Insights and Policy Imperatives for Climate Refugees in the Sundarbans Region of India

Abstract

The Sundarbans, among the biggest and most susceptible mangrove ecosystems globally, face escalating threats from rising sea levels, unpredictable monsoons, and increased storms attributable to climate change. These environmental disruptions are displacing thousands of inhabitants, turning them into climate refugees. This article critically examines the legal and policy frameworks addressing climate-induced displacement in India, with a specific focus on the Sundarbans region. The absence of formal legal recognition for climate refugees in India leaves displaced populations in a precarious situation. Through the lens of the doctrine of state obligation, this paper explores the state’s legal and moral responsibilities to safeguard citizens from climate-induced harm and displacement. Indian constitutional provisions, particularly Article 21 (Right to Life), oblige the state to take proactive measures to protect the lives and livelihoods of those threatened by environmental crises. This doctrine serves as a basis for demanding stronger state-led interventions in mitigating climate displacement. The article shall also apply transformative constitutionalism to highlight the evolving nature of constitutional rights in addressing modern challenges such as climate change. This theory proposes that the Indian Constitution be interpreted dynamically to expand protections for climate refugees, extending beyond traditional notions of fundamental rights to encompass social and environmental justice. While laws like the Disaster Management Act of 2005 offer a foundation, their real-world applicability to long-term climate displacement still needs to be improved. This study underscores the need for reforms that reflect the lived realities of displaced communities in the Sundarbans. By combining these jurisprudential insights, the study argues for creating robust, inclusive legal frameworks to protect climate refugees, emphasising policy imperatives and the State’s duty to provide dignified resettlement for affected populations.