Climate Change and Marginalized Communities

Abstract

Climate change is a critical global issue affecting marginalized communities disproportionately. In India, socio-economic inequalities combine with climate hazards such as floods, droughts, heatwaves, and rising sea levels, placing small farmers, tribal groups, coastal residents, urban slum dwellers, women, children, the elderly, and persons with disabilities at higher risk. While India has a strong environmental legal framework and constitutional protections, enforcement gaps and governance deficiencies persist. The judiciary’s role in advancing environmental justice is vital but courts are overburdened due to systemic regulatory failures. This paper examines challenges faced by vulnerable communities, critiques existing laws and policies, and advocates for climate justice integration, stronger local institutions, and participatory governance to build equitable, sustainable, and climate-resilient futures.

 Introduction

Climate change results from human activities altering atmospheric composition beyond natural variability. India is geographically diverse and densely populated, making it highly vulnerable to climate variability. Floods affect the Northeast and East; droughts strike Central and Western regions. These climatic changes hit marginalized communities—small-scale farmers, tribes, coastal and urban poor—most severely. They often live in ecologically sensitive or underserved areas lacking healthcare, education, and economic resources. Climate impacts include crop failure, water scarcity, and displacement, aggravating socio-economic inequalities deeply rooted in India. The Constitution of India protects fundamental rights such as the right to life (Article 21) and equality (Article 14), while also mandating environmental protection (Article 48A). Climate justice must be prioritized to safeguard informal laborers and vulnerable populations amid the transition to sustainability. This paper discusses corrective measures to protect marginalized groups from climate harms and uphold constitutional rights.

 Problems Faced by the Vulnerable Population

Marginalized groups including children, women, elderly, tribal populations, and coastal residents suffer disproportionate climate impacts due to their dependency on nature and limited resources. Tribal communities, such as the Bhil who revere nature, frequently confront displacement and exploitation fueled by industrial interests. Despite their traditional conservation efforts, external forces undermine their livelihoods. The landmark case Leghari v. Federation of Pakistan acknowledged the disproportionate impact on marginalized groups and called for structural responses.

 Elderly People

Older adults are physically and mentally more vulnerable to environmental changes. Heatwaves pose deadly risks as aging impairs thermoregulation. Deaths among seniors from heat-related causes have risen sharply worldwide. Wildfires, floods, and storm evacuations are particularly perilous for the elderly who face limitations in mobility and access to emergency information. The 2003 Paris heatwave illustrated this vulnerability: higher urban nighttime temperatures led to increased senior mortality compared to suburbs. Policy must integrate older persons’ needs for inclusive climate resilience.

 Children

Children are highly susceptible due to physical and developmental immaturity. Climate change exacerbates malnutrition, disease outbreaks, and educational disruptions that impair long-term development. Rising floods and droughts threaten food security, raising risks of respiratory and waterborne illnesses. The Held v. State of Montana case was a landmark US decision affirming youth rights to a safe environment. Recent climate-induced health crises in India underscore urgent needs for climate-resilient education and healthcare systems.

 Women

Women’s climate vulnerability stems from socio-economic marginalization and cultural roles. They form a majority of impoverished populations globally and lead many urban poor households. Despite contributing significantly to food production, women own minimal land and have limited access to resources and decision-making. Pregnant women face heightened health risks from pollution. Climate stress intensifies domestic care burdens and restricts women’s mobility and economic opportunities. The KlimaSeniorinnen Schweiz v. Switzerland case recognized climate change as a human rights issue affecting elderly women. In India, phenomena like increased domestic violence and exploitative practices such as “water wives” reveal deep gendered climate impacts.

 People with Disabilities

Persons with disabilities, about 16% of the global population, experience heightened climate vulnerability due to physical, social, and infrastructural barriers. Climate disasters increase mortality rates among disabled populations, who are often excluded from emergency planning. Lack of access to assistive devices, healthcare, and livelihood recovery compounds their marginalization. The Urgenda Foundation v. The Netherlands case emphasized the universal right to a safe environment, irrespective of gender or ability. Inclusive climate policies must address the specific needs of disabled persons.

Legislative Framework – Key Enactments

India’s environmental laws respond to development-induced ecological harms from revolutions like the Green and White Revolutions. These laws balance natural habitat protection with industrial growth.

 Constitutional Provisions

The Constitution mandates environmental protection under Article 21’s right to life, expanded judicially to include clean air, water, and health. Article 51A(g) imposes a fundamental citizen duty to protect nature, while Article 48A directs the State to improve the environment. Landmark judgments such as Francis Coralie Mullin and *MC Mehta established environmental rights jurisprudence. Recently, the Supreme Court recognized the right to be free from climate change’s adverse effects as fundamental. The National Green Tribunal (NGT) facilitates expedited environmental adjudication.

 Environment Protection Act 1986

Enacted following the Stockholm Conference and Bhopal tragedy, this law aims for comprehensive environmental protection. It establishes broad powers to prevent, control, and abate pollution, creating authorities for coordinated governance and stringent penalties to deter environmental harm.

Water Prevention and Control of Pollution Act 1974

The Act protects freshwater resources essential for life. It creates Central and State Pollution Control Boards mandated to prevent and control water pollution, enforce standards, and impose penalties for violations.

Air Prevention and Control of Pollution Act 1981

The legislation regulates air quality through Air Quality Control Boards. Its goals include enforcing emission standards, protecting public health, and enabling government regulation to mitigate air pollution.

 The Role of the Judiciary

The judiciary plays a critical enforcement role given regulatory challenges. Courts ensure environmental laws are implemented and approvals are obtained with community consent for industries and infrastructure. Through Public Interest Litigations (PILs), courts address citizens’ environmental grievances. A jurisprudential shift has led courts to broaden statutory interpretation, incorporating principles such as the precautionary principle, polluter-pays, and preventive action, thus embedding sustainable development in Indian law. The judiciary acts as a proactive guardian of environmental rights and a driver for long-term ecological preservation.

 Policy Gaps

Despite rich laws, India faces serious policy and institutional gaps:

– Excessive judicial reliance reflects weak regulatory enforcement.

– Pollution Control Boards face resource constraints, technical deficiencies, and administrative inefficiencies.

– Judicial backlogs delay urgent environmental remedies.

– Institutional gaps include lack of technical expertise and manpower shortages, causing monitoring and enforcement delays.

These challenges create a reactive approach to environmental harm rather than preventative governance.

 Policy Recommendations to Protect Marginalized Communities from Climate Change

1. Make Climate Justice a Legal Mandate

   – Amend environment laws to explicitly protect vulnerable groups.

   – Mandate Climate & Vulnerability Impact Assessments for projects.

2. Strengthen Local Institutional Capacity

   – Establish village-level Climate Cells under Panchayats.

   – Empower community ombudspersons for climate grievances.

   – Prioritize local recruitment for environmental monitoring.

3. Direct Support Systems

   – Allocate climate relief funds for vulnerable communities.

   – Provide livelihood transition schemes and skill-building.

   – Develop climate-resilient housing with insurance coverage.

4. Data, Monitoring, and Early Warning

   – Use GIS and remote sensing for hyper-local risk mapping.

   – Create community early warning systems in local languages.

   – Set up local climate observatories managed by trained members.

5. Effective Enforcement

   – Provide accessible grievance platforms and fast-track climate cases.

   – Enforce polluter-pays with community restoration investments.

6. Education and Empowerment

   – Introduce climate literacy in rural schools.

   – Support women-led climate committees.

   – Mandate participatory community planning for projects.

7. Inter-agency Coordination

   – Link SPCBs, disaster management, health, and rural development for integrated planning.

   – Publish annual vulnerability audits with targeted action plans.

Conclusion

Climate change severely and disproportionately affects marginalized populations in India. Despite substantial environmental legislation and proactive judicial rulings, systemic enforcement and governance gaps persist. Bridging these deficiencies requires urgent, inclusive policy measures that prioritize climate justice, strengthen local capacities, ensure direct support to vulnerable communities, and promote citizen participation. By integrating climate justice into the legal framework and empowering affected communities, India can achieve sustainable development that honors constitutional protections and fosters a resilient, equitable future.