Analysing the Legal Rights of the Climate Refugees during COVID-19 Pandemic in India: Challenges to International Law

Abstract

The COVID-19 pandemic came as a shock for the entire world, and it is still ongoing, consequentially hindering mankind from following their normal lives. The novel coronavirus was first reported from the Wuhan city, Hubei province of China, and WHO was aware of the same on 31 December 2019. The entire world came to still for months to prevent the virus from spreading. In India, there was a massive displacement of over 200 million migrant workers due to the sudden lockdown in the country. During this turmoil, the authors feel that the rights of the climate refugees were overlooked. This article will examine the health rights of the climate refugees during this pandemic with a specific focus on the climate refugees staying in the Sundarban Delta during this pandemic. The authors have undertaken a theoretical and qualitative data analysis to analyse the same. The study’s findings showcase the vulnerability due to the negligible health facilities available for them. In this regard, the article would identify the lacuna in the legal framework for protecting the rights of the climate refugees and will argue for integrating and interpreting International Law and Human Rights Law to at least cover the health rights of the climate refugees during pandemics. The authors suggest that the rights of climate change refugees should not be ignored. © 2022 The West Bengal National University of Juridical Sciences.