Climate Change, Vulnerable Regions, and the Indian Constitution

Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-9(V)| September 2025 6 Climate Change, Vulnerable Regions, and the Indian Constitution Dr. Uday Nanaso Suryawanshi (M.A., NET., P.hd.) Dept. Geography, Mohnarao Patangrao Patil Mahavidyalaya, Borgaon Tal. Walwa, Dist. Sangli Email: [email protected] Manuscript ID: JRD -2025-170902 ISSN: 2230-9578 Volume 17 Issue 9 (V) Pp. 6-8 Sept. 2025 Submitted: 15 Aug. 2025 Revised: 25 Aug. 2025 Accepted: 10 Sept. 2025 Published: 30 Sept. 2025 Abstract Climate change is no longer a distant environmental concern—it is a pressing legal, human rights, and developmental issue. In India, the effects of climate change disproportionately impact certain regions due to ecological fragility and social vulnerability. The Indian Constitution contains several provisions mandating environmental protection and equitable development, yet their practical enforcement remains inconsistent. This study explores the constitutional framework and legal responsibilities related to climate governance in India, focusing on the realities faced by climate-vulnerable regions. Through legal analysis, regional case studies, and review of policy implementation, the paper highlights the urgent need for region-specific climate adaptation strategies grounded in constitutional principles and environmental justice. Keywords: Climate Change, Vulnerable Regions, Indian Constitution, Environmental Protection, Environmental Justice, Sustainable Development Introduction: India, with its vast geographical and climatic diversity, faces unique and severe challenges from climate change. From rising sea levels along the coasts to glacial melting in the Himalayas, erratic rainfall in drought-prone zones to deforestation in tribal regions—each region has its own climate-related threats. While the Indian Constitution provides a strong foundation for environmental protection through Articles 21, 48A, and 51A(g), translating these legal principles into practice remains a challenge, especially in areas where institutional capacity is weak and communities are already marginalized. This research examines how legal responsibilities under the Constitution are realized in practice across vulnerable regions, and how regional disparities influence environmental governance. Significance of the Study: Emphasizes the intersection of climate vulnerability and constitutional mandates in India. Highlights region-specific challenges that affect climate resilience and legal enforcement. Contributes to the discourse on environmental justice and constitutional responsibility. Encourages integration of climate adaptation into legal and governance frameworks. Supports development of tailored, inclusive policies for high-risk regions. Objectives: 1. To analyze constitutional provisions related to environmental protection and climate action. 2. To identify the most climate-vulnerable regions in India and their specific challenges. 3. To assess how legal and policy measures are implemented across these regions. 4. To evaluate the role of Indian judiciary in shaping climate and environmental jurisprudence. To propose recommendations for strengthening regional climate governance through law and policy. Quick Response Code: Website: https://jrdrvb.org/ DOI: Creative Commons (CC BY-NC-SA 4.0) This is an open access journal, and articles are distributed under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License, which allows others to remix, tweak, and build upon the work noncommercially, as long as appropriate credit is given and the new creations ae licensed under the idential terms. Address for correspondence: Dr. Uday Nanaso Suryawanshi, (M.A., NET., P.hd.) Dept. Geography, Mohnarao Patangrao Patil Mahavidyalaya, Borgaon Tal. Walwa, Dist. Sangli How to cite this article: Uday Nanaso Suryawanshi (2025). Climate Change, Vulnerable Regions, and the Indian Constitution Journal of Research & Development, 17(9), 6-8 Original Article Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-9(V)| September 2025 7 Study Area / Location: - The study focuses on selected regions in India that are both ecologically sensitive and socio-economically vulnerable: Region Type States/Areas Involved Key Climate Issues Coastal Regions Odisha, West Bengal, Kerala Cyclones, sea-level rise, saltwater intrusion Himalayan Region Uttarakhand, Himachal Pradesh, Sikkim Glacial retreat, landslides, flash floods Drought Zones Marathwada (Maharashtra), Bundelkhand (UP & MP) Water scarcity, crop failure, rural migration Tribal Forest Areas Chhattisgarh, Jharkhand, Northeast India Deforestation, displacement, biodiversity loss These regions represent a cross-section of India’s climate risk landscape, offering a diverse view of how climate change intersects with legal enforcement and governance. Methodology: 1. Doctrinal Legal Research Review of constitutional provisions: Articles 21, 48A, 51A(g). Analysis of key environmental laws: Environmental Protection Act (1986), Forest Rights Act (2006), Disaster Management Act (2005) 2. Case Study Approach Selection of one representative area from each vulnerable category. Collection of data from government reports, legal documents, and NGO publications 3. Judicial Review Study of landmark environmental cases and their regional impact. Analysis of how the judiciary has interpreted constitutional duties related to climate change 4. Policy and Institutional Analysis Examination of the National and State Action Plans on Climate Change (NAPCC, SAPCCs). Assessment of local implementation, funding, and governance mechanisms 5. Secondary Data Sources  Reports from CEEW, UNDP, IPCC, IMD, and NITI Aayog  Climate vulnerability indices, hazard maps, and regional policy evaluations Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-9(V)| September 2025 8 Analysis and Discussion: Constitutional Provisions and Environmental Protection the Indian Constitution lays a strong legal foundation for environmental protection: -  Article 21 ensures the right to life, which has been judicially expanded to include the right to a clean and healthy environment.  Article 48A directs the state to protect and improve the environment.  Article 51A(g) makes it a fundamental duty of citizens to protect nature and ecological balance. Despite this framework, climate-specific responsibilities are not directly articulated, leaving implementation largely dependent on interpretation and political will. 2. Regional Disparities in Vulnerability and Legal Implementation: - a) Coastal Regions (e.g., Odisha) Despite strong cyclone warning systems, resettlement and long-term adaptation planning remain weak. Coastal Regulation Zone (CRZ) norms are often violated for infrastructure projects. b) Himalayan States (e.g., Uttarakhand) Climate-sensitive ecosystems are threatened by unregulated tourism and infrastructure development. Courts have intervened, but implementation of ecological zoning remains inconsistent. c) Drought-Prone Areas (e.g., Marathwada) Frequent droughts highlight the failure of water management policies. Legal mandates exist under disaster and environment laws, but lack of accountability and poor planning persist. d) Tribal and Forest Areas (e.g., Chhattisgarh) Despite the Forest Rights Act (2006), forest-dependent communities face displacement and environmental degradation due to mining and development projects. Judicial decisions often protect corporate interests over tribal rights. 3. Role of the Judiciary the Indian judiciary has played a vital role in strengthening environmental protection. Notable cases include:  MC Mehta v. Union of India – Expanded environmental jurisprudence through PILs.  Vellore Citizens Welfare Forum v. Union of India – Recognized sustainable development as a constitutional principle.  T.N. Godavarman v. Union of India – Enforced Forest conservation across the country. However, many judicial orders lack enforcement, especially in remote and politically weak regions. 4. Institutional and Policy Challenges:  National and State Action Plans often lack region-specific adaptation strategies.  Local governments face funding constraints and capacity issues.  Climate policy remains centralized, with insufficient input from vulnerable communities.  Environmental Impact Assessments (EIAs) are often diluted for economic projects. Conclusion: India's legal and constitutional framework provides a strong mandate for environmental protection. However, climate change presents new challenges that require a more nuanced and regionally grounded response. Vulnerable areas such as coastal belts, hilly terrains, drought zones, and tribal forests face specific risks that are not adequately addressed through generalized national policies. Bridging the gap between constitutional vision and regional realities requires stronger local governance, judicial accountability, community participation, and climate-sensitive legal reforms. A rights-based approach to climate governance can ensure that the most affected populations are protected, not only by laws but also by justice. References: 1. Constitution of India (1950) 2. Environment (Protection) Act, 1986 3. Forest Rights Act, 2006 4. Disaster Management Act, 2005 5. MC Mehta v. Union of India, AIR 1987 SC 1086 6. T.N. Godavarman Thirumulpad v. Union of India, AIR 1997 SC 1228 7. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715 8. UNDP India. Climate Resilience and Adaptation Strategies, 2022 9. IPCC Sixth Assessment Report, 2022 10. CEEW. Climate Vulnerability Index for Indian States, 2021 11. NITI Aayog. State Climate Action Reports 12. Centre for Science and Environment (CSE). State of India’s Environment Reports 13. Leelakrishnan, P. (2019). Environmental Law in India. LexisNexis 14. Rajamani, L. (2010). The Right to Environmental Protection in India. Oxford University Press 15. Ministry of Environment, Forest and Climate Change (MoEFCC) Reports