[By Maanvi Yadav and Yashasvi Bhalse]
Introduction
UNICEF highlights India’s ranking in the Children’s Climate Risk Index (CCRI), to be 26 out of 163 countries; it has become an immediate threat to the rights and survival of children in India. According to CCRI, India is among the countries where children are exposed to extremely high risks from environmental hazards such as heatwaves, floods, cyclones, and air pollution.
These risks extend beyond mere environmental issues; they jeopardize children’s rights to health, education, safety, and development. Although India has constitutional guarantees and obligations under international treaties to protect child welfare, climate change has revealed significant deficiencies in legal and policy frameworks. This article delves into India’s legal landscape concerning climate vulnerability among children, assesses the current situation, draws lessons from global practices, and proposes actionable measures.
India’s Legal Framework on Climate and Child Rights
India’s constitutional framework acknowledges the right to life under Article 21, which courts have interpreted to encompass the right to a healthy environment. Articles 39(e)-(f) of the Directive Principles further instruct the State to shield children from exploitation and to ensure opportunities for their development. The Supreme Court of India recognized a human right against the adverse impacts of climate change in M.K. Ranjitsinh and Others v. Union of India (2024).
Legislative measures such as the Environment Protection Act, 1986, the National Green Tribunal Act, 2010, and the Disaster Management Act, 2005 establish frameworks for environmental regulation and climate adaptation. Protections for children arise from instruments like the Right to Education Act, 2009, and the Juvenile Justice (Care and Protection of Children) Act, 2015, which require a safe and secure environment for children.
Nevertheless, the impacts of climate change have not yet been systematically incorporated into these legal measures. Unlike rights related to mental health or education, there is currently no enforceable system that guarantees child-sensitive climate resilience policies. Thus, while India’s obligations under the UN Convention on the Rights of the Child (UNCRC) include protecting children from harm and ensuring survival and development, the domestic framework remains unintegrated when it comes to climate risk.
Current Situation at the Ground Level
According to UNICEF’s CCRI, over 600 million children in India are exposed to one or more climate-related hazards. The impacts are uneven, with rural, tribal, and marginalized communities most vulnerable.
- Water and Sanitation: Extreme flooding and droughts strain water security. A NITI Aayog report (2019) revealed that 600 million Indians face high-to-extreme water stress, directly affecting children’s access to safe drinking water and sanitation.
- Air Pollution: India is home to 13 of the world’s 20 most polluted cities (IQAir, 2023), severely impacting lung development, increasing respiratory illnesses, and reducing school attendance. Children with weaker immune systems face heightened vulnerability.
- Education Disruptions: Climate-induced school closures are common. For example, during, over 3,000 schools were shut down (The Hindu, 2023). Prolonged disruptions contribute to higher dropout rates, especially among girls.
- Nutrition and Food Security: Rising heat and erratic monsoons affect agricultural productivity, leading to malnutrition. The National Family Health Survey-5 highlights that 35% of Indian children under five are stunted, a condition exacerbated by climate-induced food insecurity.
- Migration and Exploitation: Displacement during floods and cyclones increases risks of child trafficking and labor. The National Human Rights Commission (2022) flagged heightened trafficking cases in disaster-hit states like Odisha and West Bengal.
Climate change in India is not just an environmental crisis it is already disrupting the most fundamental rights of children: survival, development, and protection.
Comparative International Practices
Legal recognition, community integration, or institution-specific adaptation are the frameworks that demonstrate that protecting children is not an afterthought, but a central priority.
1. Sweden: Sweden integrates climate adaptation into schools, healthcare, and urban planning. The Swedish Climate Policy Framework (2017) legally binds emission targets and funds local governments to build child-friendly climate resilience systems. This ensures schools are disaster-proof and health systems account for climate-related pediatric illnesses.
2. Philippines: The Children’s Emergency Relief and Protection Act (2016) mandates child-sensitive disaster preparedness. It ensures safe evacuation, continuity of education, and immediate rehabilitation for children during disasters. Its community-led monitoring model empowers local families.
3. New Zealand: Through the Zero Carbon Act (2019), New Zealand incorporates indigenous Māori perspectives into climate laws. Child rights are embedded in resilience planning, making adaptation inclusive and culturally sensitive.
4. Germany: The landmark Neubauer v. Germany (2021) case saw the Constitutional Court affirm intergenerational equity in climate policy. This judicial recognition ensures that children’s future rights cannot be compromised for present inaction.
5. Bangladesh: Bangladesh has pioneered community-based adaptation programs, especially in cyclone-prone regions. Schools double as cyclone shelters, and early warning systems are tailored to children and families, drastically reducing mortality in disasters.
Suggestions for India
Addressing climate change as a child rights crisis requires reorienting laws and policies. India can consider the following measures:
- Mainstream Child Rights in Climate Policy
Amend environmental and disaster management laws to include child rights explicitly. For instance, the Disaster Management Act, 2005 could mandate child-sensitive evacuation and rehabilitation. This ensures obligations under the UNCRC are domestically enforceable.
- Child-Sensitive Infrastructure
Build climate-resilient schools, healthcare facilities, and sanitation systems. Flood-proof schools and heat-resilient classrooms reduce learning disruptions. Climate-ready hospitals can address increased pediatric illnesses from pollution and vector-borne diseases.
- Early Warning & Preparedness Systems
Disaster warnings must be accessible to children and caregivers, with clear protocols for evacuation, child reunification, and rehabilitation. Special training for teachers, Anganwadi workers, and local officials should be integrated.
- Education & Awareness
Integrate climate education into the National Curriculum Framework. Beyond textbooks, use interactive modules, regional languages, and school-based climate clubs. This empowers children as change agents, building long-term societal resilience.
- Community-Based Adaptation
Invest in local resilience programs with children’s participation. Rural communities, especially tribal belts, need localized solutions such as community water harvesting, decentralized renewable energy, and disaster shelters.
- Dedicated Climate-Child Fund
Establish a fund under the Ministry of Women and Child Development for child-focused climate action. This could support projects ranging from solar-powered schools to child-centered disaster relief programs.
These measures would align India’s constitutional duties with its international commitments, ensuring children’s rights are safeguarded even amidst climate uncertainties.
Conclusion
UNICEF’s CCRI serves as a poignant reminder: the children of India are at the forefront of the climate emergency. This crisis endangers their survival, education, and dignity. However, through decisive measures such as child-sensitive legislation, resilient infrastructure, inclusive education, and community engagement, India has the potential to convert vulnerability into resilience. Safeguarding children from the impacts of climate change is not merely an environmental imperative. It is a legal duty and a moral obligation. The moment to take action is now, before an entire generation is forced to grow up under the looming threat of climate insecurity.
Furthermore, tackling this crisis is not solely about protecting rights in the present; it is also about ensuring the future of the nation. The children of today will become the leaders, workers, innovators, and citizens of tomorrow. A childhood marked by climate insecurity jeopardizes the very foundations of India’s social and economic progress. If this issue remains unaddressed, climate change will exacerbate cycles of poverty, inequality, and injustice, depriving millions of children of the chance to thrive.
India has a historical track record of global leadership in areas such as renewable energy, disaster management, and community-driven initiatives. By extending this leadership to include climate-sensitive child protection, the nation can establish a significant precedent for other developing countries. Integrating child rights into climate governance is not only achievable but also transformative, allowing India to meet its Sustainable Development Goals while honouring its constitutional and international obligations.
In summary, the climate crisis constitutes a child rights crisis, and the solutions must prioritize children. Each school constructed to endure floods, every health facility adapted to cope with rising temperatures, and every law revised to acknowledge child vulnerability signify a move towards justice and resilience. By taking action now, India can guarantee that its children not only survive but also thrive in a climate-secure future.