Development-led Disaster-induced Displacements in India: Legal and Governance Analysis

Disaster-induced displacement in India has occurred due to the rampant linear trajectory of development-led growth that has destroyed fragile and ecologically sensitive regions. The impact of disasters is commonly measured through mortality, injury and economic loss. However, displacement and its longer-term consequences remain outside the legal and governance framework of disaster management in India. This article critically examines the legal framework governing disaster management to identify the gaps and suggest measures for prevention and mitigation. It contextualises the national laws and policies within the international legal framework and guidelines for the protection of internally displaced people (IDPs) to assess the extent to which India’s legal and governance framework addresses the rights of displaced communities. The article argues that the legal framework remains largely response-driven, and there are no significant efforts undertaken for mitigating disaster risk and strengthen community resilience. It recommends integrating legal protection of IDPs within the legal framework and adopting a human rights-based approach assuring the life and dignity of human life.