Author(s): Akshat Singh
Paper Details: Volume 3, Issue 5
Citation: IJLSSS 3(5) 40
Page No:417 – 424
INTRODUCTION
Environmental justice emphasized that all individuals regardless of their gender, ethnicity, race or economic status have access to environmental protection and have an equitable healthy environment. However, climate change has now become the global issue and has highlighted some serious systemic inequalities, hitting vulnerable communities the hardest—think the poor, indigenous groups, and those stuck in areas with environmental hazards. This article dives into the legal aspects of environmental justice in the face of climate change, looking at the challenges faced by the vulnerable population and following by some case studies to strengthen the challenges and suggesting the way forward for more inclusive governance and robust legal protections.
KEY LEGAL FRAMEWORKS
As Climate change become the pervasive and universal problem of the many countries. Many countries and organizations are trying to tackle that climate change with Legal frameworks, declaration on their level. Here, Some International and National legal approaches for the climate change are there:
INTERNATIONAL FRAMEWORKS
There are several key international legal frameworks to address climate change and promote environmental justice for vulnerable populations include the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the legally binding Paris Agreement, as well as growing recognition of climate change’s connection to human rights in international law.
Some key conventions and treaties to which India is a signatory are enlisted as follows:
- United Nations Framework Convention on Climate Change (UNFCCC): India ratified the UNFCCC in 1993, demonstrating its commitment to addressing climate change at the global level.
- Kyoto protocol: The Kyoto Protocol is an international treaty, adopted in 1997, creating binding commitments for industrialized nations (Ex- USA, China) to reduce greenhouse gases emissions, on an average, by 5% below 1990 levels during its first commitment period (2008-2012), in a bid to combat global warming.[1]
- Paris agreement: it’s a global treaty which is adopted to limit climate change with the aim to Maintain the increase in global average temperature to below 2°C above preindustrial levels with the aim of keeping it below 1.5°C.[2]
- UN 2030 Agenda (Sustainable Development Goals): SDG 13 of the Sustainable development goals emphasize upon the urgent action to combat climate change and its impacts globally.[3]
These frameworks collectively shape global efforts toward equitable, sustainable, and inclusive environmental governance.
NATIONAL LEGAL FRAMEWORKS
India’s evolving environmental law landscape reflects the shift toward justice-focused climate governance:
- The Indian constitution: SC expansive interpretation of Article 21 (Right to Life)[4] of the Constitution mandates the State to protect its citizens from environmental damage and climate risks, paying special heed to the marginalised and vulnerable sections of society and through Directive principle 48a[5], state has a responsibility to protect the environment, Safeguard forests and wildlife and prevent environmental degradation and art. 51A(g)[6] Places a duty on every citizen to protect and improve the natural environment and Preserve forests, lakes, rivers and wildlife.
- Environment Protection Act (1986)[7] and its attendant laws like the Air and Water Acts: These laws provide regulatory instruments to control the unauthorised discharge of pollutants in land, water, and air and to ensure that environmental quality is safeguarded, indirectly benefiting the vulnerable sections who are disproportionately affected by environmental degradation.
These key legal National frameworks highlight a growing acknowledgment that addressing climate change effectively requires climate justice and environmental justice.
IMPACT OF CLIMATE CHANGE ON VULNERABLE COMMUNITIES
A vulnerable population generally refers to groups who lack sufficient resources or support systems, making them more likely to experience harm from environmental hazards or climate change. These populations often have limited ability to anticipate, manage, or recover from adverse events, which increases their risk of negative outcomes when faced with such challenges. Climate change disproportionately impacts marginalized groups, intensifying pre-existing social and economic disparities. Extreme weather events, rising sea levels, and unpredictable shifts in agriculture threaten the health, livelihoods, and security of those already at a disadvantage. Marginalized populations suffer more due to:
- Disproportionate Exposure to Extreme Weather
A significant majority—approximately 80%—of India’s population resides in districts highly vulnerable to climate events such as floods, cyclones, droughts, and heatwaves. Notably, those already marginalized are disproportionately affected by these hazards.[8] - Threats to Livelihood and Food Security
Climate variability disrupts agricultural cycles, undermines crop yields, and drives up food prices. Smallholder farmers and landless labourers, who rely heavily on agriculture for income, are particularly susceptible to food insecurity and income loss under these circumstances. - Water Scarcity and Insecurity
Dwindling groundwater resources and increasingly erratic rainfall patterns have resulted in water shortages, with rural and tribal communities experiencing the most significant impacts—both in terms of domestic needs and agricultural production. - Health Risks
The frequency and intensity of heatwaves, the spread of vector-borne diseases, and rising rates of malnutrition all present heightened health risks for vulnerable groups. Limited access to healthcare and substandard living conditions further exacerbates these challenges. - Displacement and Migration
Climate-induced disasters often force populations to relocate, disrupting social cohesion and causing economic instability in both origin and destination areas. - Adverse Effects of Certain Climate Mitigation Projects
While initiatives such as afforestation and clean energy projects aim to address climate change, their implementation sometimes results in the displacement of indigenous communities and restricts their access to traditional resources, thereby undermining local livelihoods. - Low Adaptive Capacity
Many at-risk communities lack the necessary resources, education, and infrastructure required to effectively adapt to climate change, leaving them particularly vulnerable to its impacts. - Regional Variations in Vulnerability
Geographical disparities are evident: northeastern states face recurrent floods; southern and central regions contend with drought; and coastal areas remain highly susceptible to cyclones and sea-level rise.
Climate change amplifies existing social and economic inequalities, disproportionately affecting vulnerable populations through threats to livelihoods, health, water security, and forced migration. Achieving climate justice necessitates targeted policies that enhance resilience, strengthen adaptive capacity, and foster inclusive participation in climate action planning and implementation.
CASE STUDIES
Sometimes, Climate change leads to drought, sea level rise, flooding which leads to devastating effects on the population like displacement. Consequent to displacement, these communities confront obstacles to integrating into new locations, are starved for resources, and are in many cases discriminated against. This then spirals into the cycle of poverty and inequality that climate change and weak legal regimes abet. Here, are the following case studies which showcase the devastating effects of the climate change on the Population:
GLOBAL CASE STUDY: HURRICANE KATRINA, USA
Katrina (2005) is considered a landmark climate justice case in illustrating how climate change-induced disasters disproportionately affect the already spoken-for portions of society. Unleashed by the catastrophe of warmer Gulf waters in the setting of climate change, the hurricane had grievously damaged the US Gulf Coast, taking the lives of almost a thousand souls and billions into property damage. The majority of deaths and damages to properties were concentrated among low-income communities living in flood-prone areas and had less advantage in the form of economic or social support to rely on, in contrast to their counterparts in affluent settings. African American mortality rates were up to four times above that of Whites, with 51% of the dead being African Americans.
Hurricane Katrina really laid bare some deep systemic injustices, the kind that hit along racial, ethnic, and economic lines. It did this by spotlighting things like spotty disaster planning, crumbling infrastructure, and a government response that dragged its feet, especially for those marginalized communities. Here’s the thing. Recovery after the storm wasn’t even across the board either. Vulnerable groups ran into all sorts of bureaucratic roadblocks when trying to get aid or the resources needed to rebuild.[9]
Scholars point out that the effects of Katrina serve as a prime example of broader global climate justice issues. Those who contribute the least to climate change, it seems, end up bearing the heaviest burdens from it. The disaster made it clear. There’s an urgent push needed for fair climate adaptation strategies, planning that’s truly inclusive, and recovery efforts driven by equity. All this to protect those at risk as climate threats keep ramping up.
CLIMATE CHANGE IN MADHYA PRADESH[10]
In Madhya Pradesh, India, climate change is making things tougher for rural communities, particularly in rural areas where people rely on weather-dependent ways of making a living. The state faces a lot of exposure. About 65 percent of it is prone to droughts. Then there’s 12 percent at risk of floods. And 8 percent could see cyclones. It’s the poor rural communities, along with women and children, who bear the brunt. Unpredictable weather hits agriculture hard. It affects forests too. Food security takes a dive. And getting safe water becomes a real struggle. In the hardest-hit districts, you see migration picking up. Biodiversity is declining. Health risks are on the rise.
To tackle this, the state went with a participatory approach for its State Action Plan on Climate Change, or SAPCC. They focused on assessing vulnerabilities at the district level. Adaptation strategies there line up with national goals. Stakeholder consultations brought in local issues, like food insecurity, health problems, and forest degradation. The plan puts priority on helping marginalized groups. It pushes for inclusive governance. Community-based solutions get a big nod. Strategies cover climate-resilient farming. Water management sees improvements. Forest ecosystems get restoration efforts. Rural livelihoods diversify. This rights-based, locally driven method aims to empower those most vulnerable. It mainstreams resilience across sectors. Adaptation and mitigation steps promote environmental justice. They protect people from worsening climate effects.
Hence, these case studies emphasised that how climate change leads to inequalities and why environmental justice must inform both global and local climate policies, fair processes and outcomes for the vulnerable populations.
WAY FORWARD
The way forward should be that advancing environmental justice and shielding vulnerable communities from climate change depends on empowering those most affected. It involves putting equity at the heart of decision-making. Targeted adaptation strategies play a key role too. Policies need to bring marginalized groups into consultations actively. Their voices should shape solutions that tackle local risks head-on. This approach boosts resilience in meaningful ways.
Here’s the thing about strengthening community resilience. It means backing climate-smart livelihoods. Access to early warning systems has to expand. Investments in adaptive infrastructure are essential. Solutions like planned relocation in high-risk zones could help. Timely financial aid for households under climate stress makes sense. Prioritizing health and education for the poor minimizes disruptions. It also improves recovery in the long run.
Truth is, the most critical part lies in global and national efforts to share climate responsibilities more fairly. Focus should go to those who’ve emitted the most. At the same time, finance and technology need to flow toward those with the fewest resources. Building climate justice calls for continuous education. Multi-sector collaboration is vital. A just transition to clean energy ensures vulnerable communities get fair shots in a shifting world.
CONCLUSION
Environmental justice goes way beyond just the environment. It’s really about rights, equity, and straight-up survival for people. You know, climate change amps up all these inequalities that already exist. It hits the vulnerable communities the hardest who have the least to fall back on, like women, kids, indigenous groups, rural farmers, and all those marginalized communities around the world. International commitments like the UNFCCC, the Kyoto Protocol, and the Paris Agreement show this growing push to put justice right in the middle of how we handle climate change. India’s got its own constitutional protections and environmental laws backing that up too. Still, look at Hurricane Katrina or what happened in Madhya Pradesh. Those cases make it clear that just having legal promises isn’t enough. You need real implementation, planning that includes everyone, and ways to recover that actually treat people fairly. So, the way ahead means weaving equity into every single part of climate action. Policies have to bring in those vulnerable communities for real, letting their voices guide the adaptation plans so they fit what’s actually going on locally. Building up resilience takes putting money into sustainable jobs, healthcare, education, and infrastructure that can adapt. And on the global side, cooperation has to make sure the big emitters take on the heaviest load. In the end, environmental justice calls for a shift in thinking. Climate action isn’t some technical puzzle anymore. It’s a moral and social must-do. Only with that kind of change can our governance setups provide real environmental safeguards, plus dignity, fairness, and security for everybody.
[1] UNDP, ‘Environmental Justice: Securing our Right to a Clean, Healthy and Sustainable Environment’ (Technical Report, February 2022) https://www.undp.org/sites/g/files/zskgke326/files/2022-06/Justice-Environmental%20Tech%20Report%2001%5B36%5D_0.pdf accessed 05 September 2025
[2] ‘Paris Agreement’ (Wikipedia, 10 January 2025) https://en.wikipedia.org/wiki/Paris_Agreement accessed 05 September 2025
[3] UN General Assembly, ‘Transforming Our World: The 2030 Agenda for Sustainable Development’ (25 September 2015) UN Doc A/RES/70/1 https://sustainabledevelopment.un.org/content/documents/21252030%20Agenda%20for%20Sustainable%20Development%20web.pdf accessed 06 September 2025
[4] Constitution of India 1950, art 21
[5] Constitution of India 1950, art 48A
[6] Kritika Sharma, ‘Access To Environmental Justice: Rethinking Legal Barriers For Marginalized Populations’ (IJLLR Journal, 1 June 2024) https://www.ijllr.com/post/access-to-environmental-justice-rethinking-legal-barriers-for-marginalized-populations accessed 04 September 2025
[7] Environment Protection Act 1986
[8] Adithya Pradyumna, Sheetal Patil and Madhuri Ramesh, ‘Considering vulnerable communities in climate mitigation and adaption plans, India’ (2023) 101(2) Bull World Health Organ 149 https://pmc.ncbi.nlm.nih.gov/articles/PMC9874371/ accessed 07 September 2025
[9] Reilly Morse, ‘Environmental Justice Through the Eye of Hurricane Katrina’ (2008) Focus (Joint Center for Political and Economic Studies) 7 https://jointcenter.org/wp-content/uploads/2021/02/EnvironMorse_1.pdf accessed 05 September 2025
[10] United Nations Development Programme, ‘Developing the State Level Action Plan on Climate Change for Madhya Pradesh: India Case Study’ (UNDP Energy and Environment Programme, 2012)