![]() Firstly it implies the pull of the economic or social benefits of the receiving country as the primary reason for such displacement as opposed to the detrimental effects of climate change in the sending State. ![]() ![]() ![]() The author is of the opinion that such individuals should not be termed as migrants as there are numerous problems that arise by using such terminology. Regarding terminology, the crux of the debate is whether such individuals can be termed as climate refugees or climate migrants. One of the fundamental issues that arise in this context is the lack of consensus on the definition and the terminology to be assigned to individuals who are displaced due to climate change. Climate refugee a “refugee” under the Refugee Convention, 1951? Secondly, India’s neighbouring States are vulnerable to climate change induced disasters that would lead to the displacement of a large number of persons. The decision is undoubtedly of importance to India for two reasons, firstly since India has ratified the ICCPR, any decision taken by national courts regarding the repatriation of refugees will have to be in compliance with its obligations under the Covenant. The recent decision of the Human Rights Committee in Ioane Teitiota v New Zealand lends support to this stance. While human rights law offers a plausible solution to climate refugees, the threshold of ‘real risk of irreparable harm’ that must be proved in order to invoke non refoulement obligations of the host State is high but not impossible to prove. However, there is a lacunae in both legal regimes that fail to address the phenomena of climate refugees. ![]() The current scenario can be analysed utilising two legal instruments- the Convention Relating to the Status of Refugees, 1951 and Article 6 of the International Covenant on Civil and Political Rights (ICCPR) or more broadly human rights law. Slow and sudden environmental changes brought about by climate change are forcibly displacing individuals to different countries due to the uninhabitable nature of such regions. ![]()
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