1 Introduction

Artificial Intelligence (AI) technology is permeating more areas of everyday life and every aspect of human life will be changed by AI-driven machines: driverless cars will dominate the roads, AI-powered robots will staff medical and manufacturing floors, AI will control war and weaponry, and AI will prognosticate the Climate Change-induced Disaster Displacement (CiDD) crisis in advance. The term “CiDD” is used to describe the potential for widespread disasters due to rising sea levels, violent storms, wildfires, and other extreme weather phenomena, which are worsened by global warming. These factors can make physical spaces more vulnerable, endangering interactions between people and placesFootnote 1 and potentially causing widespread CiDD. Despite the potential for disasters, survival remains possible. The number of displaced persons in the Global South is rising; projections indicate that by 2050, there may be as many as 250 millionFootnote 2 of them. In addition, they are causing death of people—more to CiDD than to war and bloodshed. Weather-related factors accounted for more than 97% of displacement and relocation caused by CiDD in 2022.Footnote 3 Vulnerable populations may discover that moving away from their current location becomes the only practical choice as the effects of climate change worsen. Indeed, in response, individuals have relocated or withdrew throughout human history due to the CiDD. Administrators and analysts worry about the effects of such AI evolutionsFootnote 4 and innovations and the harm that will be done to people and businesses. They contend that governments must assist in controlling the costs of progress. These discussions often approach technological progress as a force of nature that must be accommodated, crashing inescapably into the profound customs and presumptions of the rule of law, justice, and human rights.

AI and its deployment and research are all advancing quickly and bolsteringFootnote 5 the world economy. AI-related software, hardware, services, and sales are expected to generate $900 billion in revenue globally by 2026, up from $318 billion in 2020, at a rate of approximately 19% annually. Some projections state that by 2030, Artificial Intelligence would boost the world economy by more than $15 trillion.Footnote 6 Improvements in creativity, services, safety, and lifestyles are some of the notable advantages of AI out of an invisible assortment of benefits. Still, it also generates a lot of worries and concerns due to its potential adverse effects on human autonomy, privacy, and fundamental freedoms. The chapter advocates for the use of AI in disaster management due to the combined effects of disasters and climate change. AI can identify susceptible locations, simulate future climate scenarios, and evaluate risks and opportunities for businesses and infrastructure. It can also process vast amounts of data from satellite imagery and climate models, providing insightful information for informed decision-making and preparedness for climate change’s effects. This technology is crucial for informed disaster management in the face of climate change.

AI technologies must be designed and developed to incorporate diagnostic, formative, and summative digital assessments of the CiDD situations. The digital assessments must be integrated with NDL, NCLF, and IHRL frameworks to facilitate the protection of human rights as India experiences each year some of the highest rates of Internal DisplacementFootnote 7 worldwide, most of which are caused by climate catastrophes. India’s vast population, socioeconomic drawbacks, and exposure to severe and frequent climate calamities all contribute to the scale of international displacement. The latest climate change calamity BiporjoyFootnote 8—a challenging tropical cyclonic storm on June 15, 2023, left a trail of destruction through Gujarat’s Kutch area and continued towards Rajasthan. Fortunately, no one is recorded as having been hurt by the cyclone except, according to mediaFootnote 9 sources, a father and son goatherd pair lost their lives trying to save their flock from a flooded ravine in the Saurashtra region’s Bhavnagar district. According to climate experts, Biporjoy made landfall around 6.30 pm on the evening of June 15, 2023, after becoming the longest-lived cyclone in both the pre-and post-monsoon Arabian Sea. On June 16, 2023, reportsFootnote 10 stated that the cyclone’s eye had moved to Pakistan after passing through Kutch. The maximum wind speed was 108 kms per hour (kmph), and the average wind speed was 70 kmph. In the city of Dwarka, it was 60 kmph. In 940 communities, 1000 villages were devastated, hundreds of houses were damaged, and more than 20 electricity poles were smashed. A total of 22 persons were hurt. Twenty-three cattle perished, 524 trees were felled due to the strong winds and downpours, and people were evacuated from low-lying locations. The electricity supply has been entirely out of sync ever since the hurricane hit, and the essential requirements of life derailed in the middle of the rescue operations. In the post-cyclone scenario, all sorts of diseases like anaplasmosis, anthrax, antibiotic-resistant infections, dengue, fungal diseases, and valley fever are collateral challenges requiring immediate attention.

In 2022, there were 2.5 millionFootnote 11 fewer CiDDs than in 2021, a nearly 50% decrease,Footnote 12 and 96% resulted from flooding. The normal or below-average rainfall and flooding, with some regions of India reporting 2022 as their lowest July rainfall in 122 years, explain the downward trend. Assam was the state most severely impacted, with the same districts experiencing flooding in May and June. As their homes were devastated, the CiDD people fled in improvised boats, many of whom ended up in camps with deficient access to drinking water and sanitation. The Kopili River in Nagaon district touched an unprecedented level of more than a metre above the danger limit. Between the middle of May and the middle of July, the pre-monsoon season saw an estimated 742,000 flood displacements.Footnote 13 A significantly lower cyclone season in 2022 led to fewer displacements being reported, totaling 95,000. Cyclone Sitrang, which struck the states of Odisha and West Bengal in October 2021, caused over 66,000Footnote 14 of this CiDD. Other incidents were cyclones Asani and Mandous, which in May and December, respectively, caused about 1500 and 9500 moves in Andhra Pradesh, Tamil Nadu, and Puducherry.

There is no systematic data on displacement related to conflict and violence in India. A little over 1000 cases of inter-communal violence were reported in 2022 due to isolated clashes. Almost 631,000 personsFootnote 15 were displaced as of the end of 2022. Many of them were displaced by conflicts and insurgency in the Northeastern states of Assam, Mizoram, and Tripura decades ago, and Jammu and Kashmir have not made any headway towards finding lasting peace. However, despite responding to persons harmed by conflict, many humanitarian actors continue to view CiDD and those displaced by them as peripheral to the core mission of humanitarian intervention.Footnote 16 International cooperation is crucial for preventing and addressing the issue of Internal Displacement (IDD) in disasters. Humanitarian intervention can mitigate the negative effects of CiDD, but collaboration with other actors is essential for longer-term development. Coordination initiatives involving AI technologies and local communities can reduce persistent data gaps. The Guiding Principles on Internal Displacement, adopted for natural disasters, can also be applied to those displaced in disaster contexts.Footnote 17 GPID principles created the basis for the recognition of the CiDDFootnote 18 as one of the primary causes of displacement.

2 AI and the Law on CiDD in India: Scale, Impact, Exposure, Vulnerability, Harm, and Beyond

The CiDD has raised concerns about the international human rights order and global climate stability. Nation-states are becoming more aware of the problems posed by CiDD, environmental degradation, and global warming. The relationship between International Climate Change Law (ICCL) and International Human Rights Law (IHRL) is often cordial, but this perspective has obscured the divergences between the two. This chapter examines the operationalisation of AI for protecting human rights in socio-political and eco-cultural transformations orchestrated by CiDD in India and elsewhere. The CiDD has changed the geopolitics of migration and facilitated the super-diversityFootnote 19 that has been producing the super-diverse nations worldwide, including India. Super-diversity refers to the unique socio-political demographics and environmental security dynamics arising from the convergent intersection of various categories, such as nationality, race, ethnicity, gender, age, immigration status, religion, and language, during the process of CiDD migration, resettlement, and transnational practices.

Presently, there are three types of transitions, “revolution in mobility, the revolution in energy systems, and revolution in connectivity such as AI, Robotics, and Data,”Footnote 20 that need “acts of imaginationFootnote 21 to determine moments of power and distinguish it from the force” to fill the gaps between disaster displacement and AI for protecting the human rights of CiDD people. The stable climate has been essential for civilisation’s development, especially since we have already left the stable climate and entered the Anthropocene or Capitalocene. Such a transition requires National Climate Law Frameworks (NCLFs) in India and elsewhere for sustainable AI technology-triggered automatic decision-making (ADM) to respond to the CiDD crisis while incorporating the AI and its collateral instruments to protect human rights during the CiDD calamity. These incorporations must be considered in the national climate policy of India in the decades ahead. It must find its space in National Disaster Law (NDL, International Change Law (ICCL), and NCLF. The legal ramifications of sustainable transition, specifically within the NDL, NCLF, and ICCL, are bound to fill the void regarding the positioning of the operationalisation of AI for protecting the human rights in CiDD situations.

For more than 20 years, India has been at the forefront of highlighting climate concerns.Footnote 22 The CiDD conditions in the fields of human rights protection are forcing international players, including India, to broaden their conflict prevention tools, including AI applications, and reassess current NDL norms and policies in the light of new realities. India also strives to rethink the relationship between climate change and human rights. India must set ambitious goals for its future foreign and climate policies, following in the footsteps of initiatives like the Strategic Compass,Footnote 23 the European Green Deal,Footnote 24 and the concept for an HRBA for climate change and human security, the climate change and defence roadmap, and others. The climate change and defence plan received high marks from India’s Parliamentary Committee on Foreign Affairs in a report.Footnote 25 Human dignity is at stake in the operationalization of AI to defend human rights. Therefore, an HRBA provides actors positioned to operationalize AI aspirational and normative direction to defend human dignity and the intrinsic value of every person, regardless of nation or jurisdiction. The operationalization of AI to protect human rights during CiDD conditions can aid in identifying and prognosticating some of the worst and best social impacts of ADM technologies.Footnote 26

Technology can aid climate change adaptation and risk reduction by generating data and insights that enhance responsive policies. There is a need to develop an AI tool to map disaster-prone areas using satellite images and combine this information with community-generated data on migration and displacement, access to water, power, and transportation, and climate risks. A compendium of disaster management lawsFootnote 27 in India applicable to the transdisciplinary sectors and industries created a formidable infrastructure and machinery that provide aid and assistance in CiDD crises beyond national boundaries. However, India has adopted a national AI strategy for achieving the country’s total capacity to facilitate AI development. India has identified its focus areas such as health care, education, agriculture, smart cities and infrastructure, smart mobility, and transportation for applying AI. India used remote sensing technology due to its experience with flooding brought on by the monsoon. The government can anticipate flood-prone areas and prepare evacuation plans by using satellite data, meteorological predictions, and Geographic Information Systems (GISs). For example, real-time water level monitoring during the 2018 Kerala floods was made possible using remote sensing, which aided in resource allocation and rescue efforts. Consequently, laws and regulations are the safety nets that guarantee AI technology's effective and ethical use. But, unfortunately, there is no integration of AI technologies into NDL to deal with CiDD situations that remain limited only to AI policies and practices.

India is susceptible to various climate calamities due to its location. India’s total area is in Seismic Zones III to V, which puts 55% at risk for earthquakes. Additionally, 68% of net sown land is at risk for drought, 40 million hectares of land are at risk for flooding, the sub-Himalayan/Western Ghats is at risk for landslides, and the coastal states are at risk for cyclones.Footnote 28 The nation is exposed to manufactured calamities in addition to natural disasters. There is a strong movement to do away with the concept of “natural” disasters because it hides the social dimension, as evidenced by the Sendai Framework.Footnote 29 In India, disaster is defined as “a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man-made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.”Footnote 30 Nansen Initiative Protection AgendaFootnote 31 refers to disasters as disturbances brought on by or associated with geophysical, hydrometeorological, and climatological natural disasters, particularly those related to anthropogenic global warming.

However, in the context of AI risks that are involved when climate lawyers employ AI without understanding its limitations, especially the Large Language Models (LLMs) or Big Parlance Models (BPMs) like Open AI’s ChatGPT, Bing Chat, and Google Bard. However, just because technology can be abused does not mean it should be disregarded. These tools have sparked a multitude of legal technology start-ups and scholarly contributions because they have the potential to revolutionise the NDL and IHRL frameworks for addressing the integration of AI into them. However, in NDL, NCLF, and IHRL, the potential of BPMs has largely gone unrealized. The capacity of these tools to navigate NDL’s special characteristics will determine how it is changed to respond to the CiDD crisis.

2.1 The State, Status, and Strategies of AI in India

India’s AI strategy is firmly rooted in ethical AI concepts and ensures that comparable provisions are made in international frameworks. This is demonstrated by the national programme on AI that is in place, the National Data Governance Framework (NDGF) policy and one of the most extensive publicly accessible datasets’ programme currently under development.Footnote 32 India is one of the founding members of the Global Partnership on Artificial Intelligence (GPAI), and it intends to work closely with other GPAI members to create a framework that would encourage AI use that is safe, accountable, open, and trustworthy. In the province called Tamil Nadu in India adopted the Tamil Nadu Safe and Ethical Artificial Intelligence Policy 2020 that offers a roadmap for the state’s policymakers to adopt AI-based solutions in particular sectors and recommends a framework for evaluating AI-based systems and the same may be a guiding factor in the context of CiDD crisis at national in India. The latest data on facial recognition technology is included in a series of publications on Responsible Artificial Intelligence (RAI) issued by the think tank of the Indian government, The National Institution for Transforming India (NITI) Aayog. Compared to other countries (like the UK), India has a comprehensive AI strategy covering a wide range of subjects. But, unfortunately, it does not adequately address climate change. An increased need to collaborate with stakeholders to improve government readiness for extreme weather events and to access datasets of extreme occurrences in order to build a robust climate data ecosystem consisting of data from satellites and weather, demographics, losses and damages, public infrastructure access, and government physical reaction are the five categories of datasets. With so many datasets, a deployable platform for disaster management is required, together with an Intelligent Data Solution for Disaster Risk Reduction (DRR). Using such dynamic data, India benefits from AI practices and initiatives to meet societal health care, education, agriculture, smart cities, and infrastructure demands, including smart mobility and transportation.

The Government of India (GoI) has focused on developing cutting-edge technology as part of the Digital Government MissionFootnote 33 to enhance the provision of citizen services in India. According to recent findings,Footnote 34 India has carved out its conspicuous presence among the top ten nations in the world in terms of technological developments and discoveries in AI. Regarding public expenditures and investments in AI made by governmental programmes, corporate institutions, and organisations, India is ranked sixth. It is significant to note that while the USA, China, the UK, France, Japan, and Germany are ahead of India in AI, other nations like Canada, South Korea, and Italy are behind it. Therefore, technology advances rapidly and there is a need to ensure that India remains among the technology savvy countries in acquiring AI technologies and applying them to protect the human rights of CiDD populations at the right moment. Currently, there are around 14 millionFootnote 35 CiDD people in India, and by 2050, climatic catastrophes in India alone will cause 45 million people to leave their homesFootnote 36; this is three times the number of people displaced due to extreme weather events. Over 3 million people were forced to flee their homes in 2020–2021, making India the fourth most affected country in the world by CiDD migration,Footnote 37 according to the “State of India's Environment-2022” study. Therefore, India is set to take advantage of the prospects of the impending fourth Industrial Revolution.

To advance AI research and development for the benefit of society, NITIFootnote 38 Aayog introduced the National Programme for AI. When India’s largest High-Performance Computing (HPC) AI supercomputer, PARAM SIDDHI AI, commissioned by C-DAC, was placed 62 on the top in the list of 500 supercomputers in November 2020, and it signified a significant advancement towards this aim. India is establishing its dominance as the world’s top AI destination, with AIRAWATFootnote 39 listed among the top 500 supercomputers worldwide and an AI System called PARAM SIDDHIFootnote 40 that is among the top 100 supercomputers globally. The AI market is expected to multiply at a five-year multifactorial yearly growth rate (CAGR) of 20.2% and reach total revenues of USD 7.8 billionFootnote 41 by 2025.

India is a multi-cultural, multi-lingual, and multi-religious country that generates a wealth of data, and the magnitude of AI deployment, India, will have to adopt an HRBA to democratise AI technology than the rest of the globe. According to HRBA, discrimination of any kind in the pursuit of rights must be outlawed, stopped, and eradicated. It also implies that those who are most disadvantaged or marginalised and who have the greatest obstacles to achieving their rights should be given precedence. An HRBA involves integrating human rights into climate policy and initiatives. The broad digital tsunami the pandemic heralded has influenced AI adoption and awareness. NDL, NCLF, IHRL, and International Organisations (IOs) must use AI with a democratic vision, cutting-edge computing, real-time tracking, and Industrial Revolution 4.0 to produce innovative and sophisticated solutions for India’s CiDD population and beyond.

2.2 Re-Imagining the AI Interface Between Climate Protection and Human Rights Protection of the CiDD

The climate change crisis is a global human rights crisis, causing forced migration and displacement. India experiences both voluntary and involuntary internal migrations due to conflicts, development, and natural disasters. The destruction of semi-urban villages, livelihoods, and lush terrain is causing immense suffering, particularly in rural areas. India faces environmental challenges, with floods affecting 1.5 million in Assam in 2012, and water shortages forcing farmers and fishermen to migrate to cities, highlighting the urgent need for climate change mitigation.Footnote 42 India has a legal framework in place to safeguard displaced individuals brought about by war and development, but it ignores IDPs caused by CiDD. India is used to IDPs, which are eligible for protection under the 2005 Indian Disaster Management Act (DMA) and its implementing guidelines. Unfortunately, however, there is no functioning national protection framework. AI can provide insightful information for decision-making and prepare for climate change effects. However, ethical questions and potential biases must be addressed to ensure open and equitable implementation. Recent advancements highlight the potential benefits and ethical issues of AI-enabled techniques for addressing the CiDD crisis, aiming for a more resilient, sustainable, and fair future for everyone. Unfortunately, AI is neither assisting CiDD migration nor the AI application for climate protection. In theory, this might be plausible, but not in practice; the use of AI in CiDD situations has been highly unsettling thus far. It is improbable that applying AI explicitly to climate change-related mobility will result in compassionate solutions to the problem. AI is widely used to put RAMSFootnote 43 (Refugees, Asylum-seekers, Migrants, and Stateless) under surveillanceFootnote 44 and incarcerate them. It is now a significant component of border militarization.Footnote 45

Conflicts or natural disasters often lead to similar human experiences, including unequal access to aid, discrimination, forced relocation, sexual and gender-based violence, loss of documentation, kidnapping, unsafe resettlement, and property restitution issues. Despite these challenges, most remain within their nation's borders, receiving protection, aid, and long-term relocation solutions. The Guiding Principles on Internal Displacement acknowledge natural disasters as a significant factor in displacement, emphasising the importance of respecting human rights of those affected by floods, hurricanes, and earthquakes. The international community's response to CiDD should focus on the Operational Guidelines on Human Rights and Natural Disasters,Footnote 46 considering the human rights of those displaced by conflict and natural disasters.

However, many people in society are currently unsure of the pragmatic impacts of AI systems on the CiDD people. There is evidenceFootnote 47 that some AI systems are already infringing upon fundamental rights and freedoms, despite promises that AI can contribute to the global good. We may rely on the operationalisation of AI for protecting human rights to help chart the future of CiDD populations. A significant class of dangers and harms can be identified, prevented, and remedied with the help of integrating AI applications into the NDL, NCLF, and IHRL framework. Those engaged in commercial AI research may question the importance of human rights. Stakeholders are increasingly looking to the private sector to defend their rights.Footnote 48 The UN Guiding Principles on Business and Human Rights (GPBHR), an important document published by the UN in 2011, encourages businesses to respect, defend, and provide for human rights.Footnote 49 On the intersection of AI and human rights, AI systems lack the human traits of empathy, intuition, and emotional intelligence, even while they can automate work and increase efficiency. However, it will take a lot of work to create best practices for integrating HRBA into AI algorithms and to take into account the proper scope, structure, scalability, timeliness, and administrative overhead of incorporating human rights aspects into AI for their application in a range of CiDD scenarios.

The GPBHR represents a beginning point for implementing human rights in the AI industry. Working together, civil society and AI developers will assist in identifying risk areas and anticipate the requirements of the people in situations of vulnerability. AI systems cannot protect human rights during CiDD challenges like climate disaster preparedness, disaster prevention, multi-hazard early warning system, and improving weather prediction accuracy to lower the likelihood of disasters unless stakeholders collaborate across silos to prevent harm. AI-driven projects integrate into national and local response strategies by focusing on high-risk locations. For instance, mapping can assist local authorities in developing and implementing sustainable development strategies, lowering hazards, and guaranteeing the safety of citizens in high-risk circumstances in areas prone to landslides. Recent work by the World Meteorological Organisation (WMO), UN Environment Programme (UNEP), and International Telecommunication Union (ITU) recognised related advances in robotics and AI as among the instruments. The UN Secretary-General’s ground-breaking Early Warnings for All plans includes utilising AI’s advantages. By the end of 2027, the action plan, which was introduced earlier in 2023, is intended to guarantee that everyone on Earth is shielded from dangerous weather, water, or climate disasters by early warning systems.

Governments and people can utilise AI to assist them become ready for the CiDD migration. A new group of people known as “climate migrants” or “climatically displaced persons”Footnote 50 (CDMs) was developed as a result of the CiDD, one of the gravest problems of our time, which has caused climate migration and frequently led to human rights transgressions. These people cross municipal and state borders to avoid the devastation that climate change is causing to their homes and neighbourhoods. Over the next three decades, the International Organisation for Migration (IOM) predicts that up to 2 billion people will migrate due to the CiDD crises.Footnote 51 The world population will be 9.8 in 2050; by 2100, this estimate will be 11.2 billion.Footnote 52 Although these numbers are worrisome, the state of the environment makes them predictable. Thus, there is a pertinent question of how we can conceptualise the future of climate change migration using AI.

The 1951 UN Convention relating to the Status of Refugees (UNCSR)Footnote 53 describes refugees as being compelled to leave their home country because they face an immediate risk of persecution and human rights abuses. States are legally required to review refugee situations and provide necessary protections. Refugees have a legal rightFootnote 54 to request international protection. However, the category of migrants is broader and lacks a clear definition. Economic migrants emigrate for employment, education, and family opportunities. Climate migrants, particularly those in immediate danger, are not classified as refugees. International organisations hesitate to provide additional safeguards for climate migrants. However, by improving disaster relief assistance and raising public awareness, the UN, other organisations, and countries are increasingly addressing humanitarian crises like the CiDD. Despite the tremendous progress in extending safeguards for climate migrants, it is critical to consider how we may manage climate migrants’ increasing numbers more effectively and efficiently in India and elsewhere, I think AI might hold the key to the CiDD. India is experimenting with AI to improve weather forecasting due to severe weather system conflicts caused by global warming. The Indian Meteorological Department uses supercomputers to produce mathematical models, and an extended observation network combined with AI could provide better prediction data at a lower cost. The government plans to expand weather observatories and provide higher-resolution data for predictions. AI models can function on high-end desktop computers without the overhead of running a supercomputer. However, better data is necessary for location-specific amplification of current model projections.

3 Digital Assessments of the CiDD Situations: Integrating AI Application, Tools, and Practices into NDL, NCLF, and IHRL for Protecting the Human Rights

The global canvas of human rights, peace, security, and development is being redefined and altered by CiDD crisis. It requires actionable information and analysis about the risks related to CiDD that must be produced with accuracy and in a timely manner. AI technologies have the potential and can provide such information with precision and implementability. Therefore, AI can contribute in preserving the human rights of CiDD populations in India and elsewhere for their adaptation, mitigation, and planned relocation. Digital assessments can expedite the protection response for the CiDD people. There are AI tools and applicationsFootnote 55 to design and develop robust digital evaluations while considering the human rightsFootnote 56 ramifications in the CiDD trajectories. Much has changed since the term “artificial intelligence” was first used in 1956. Today, we can access various AI tools and technologies, such as computer vision, deep learning (DL), machine learning (ML), and natural language processing. New breeds of intelligent systems that can carry out jobs long regarded as the sole preserve of humans are being powered by these technologies.

Digital assessments occupy a central space in the CiDD repercussions. In addition, climate change impact assessments must be digitalized and duly integrated with the legal frameworks. AI is a crucial tool, and AI algorithms are improving predictionsFootnote 57 of the short- and long-term implications of climate change, including those related to weather patterns, floods, droughts, and human migration patterns. However, it is unclear whether India is genuinely gaining from these AI technologies, especially given that they were created mainly by Global North nations utilising datasets that are distinctive to those same nations. Therefore, it is crucial to describe the initiatives being made to employ AI in a way that uniquely helps India with climate change adaption. According to the IPCC’s Second Assessment Report (WG II contribution) published in 2022, India is among the nations most “economically harmed” by climate change. It outlines the possible applications of AI for climate action in water management and transportation and evaluates the degree or kind of effect associated with each. Projects that are physically carried out in India and those that run in other nations must be the guiding force for the CiDD population in India.

Integrating AI applications into the NDL, NCLF,Footnote 58 and IHRLFootnote 59 for protecting human rights offers a unique perspective into the CiDD migration that can benefit climate migrants and states alike consistent with the Global Platform for Disaster Risk ReductionFootnote 60 (DRR) strategies that take into account regional and transnational perspectives and incorporate provisions that aim to prevent the CiDD and decrease disaster displacement risk,Footnote 61 respond to the protection requirements of CiDD people, and promote durable solutions to displacement. The Platform on Disaster DisplacementFootnote 62 (PDD) encourages states to develop and incorporate provisions for human mobilityFootnote 63 and the CiDD into their national and regional DRR programmes. There is a need to consider improved data-gathering methods for increasing AI efforts to protect the human rights of the CDMs. National authorities, NGOs, IGOs, and administrative data sources, like numbers for humanitarian visas, are some current data sources, including other data originating from databases developed by institutions like the IOM’s Displacement Tracking Matrix (DTM),Footnote 64 which tracks and monitors the CiDD people. By utilising AI, India and other nations will be able to anticipate substantial population displacement and, where possible, allocate the necessary resources for assistance. Some organisations are also utilising AI to build resilient infrastructureFootnote 65 for climate change. Google uses ML to combat riverine floods, a major natural disaster. The Google Flood Forecasting Initiative, an AI-based system, helps send flood alerts earlier than conventional methods. The system was launched in Bihar, India, and allows the government to evaluate potential floods. Google continues to develop AI by providing vast amounts of data. However, internet connectivity remains a challenge in many areas. By doing this, climate calamities will be prevented before they can have disastrous repercussions.

AI technologies are often seen as vulnerable social actors, and design decisions, such as gender, can significantly impact people’s engagement with them, affecting their perception of competence and autonomy. Because of this, it is critical for practitioners creating AI experiences to recognise that people engage with AI socially. Individuals react to AI socially and unintentionally mistake it for humanity. These social dynamics have significant design consequences that should be well researched and thought through. Ultimately, our ability to comprehend this particular aspect of human–AI relations will determine how successful AI innovation and adoption are. AI tool designers must be aware of the trade-offs inherent in these choices. Researchers must look into how different design choices affect CiDD people’s perceptions and social reactions. By comprehending these elements, AI applications can incorporate data analysis from satellites and sensors, enhancing renewable energy systems, maximising agriculture, minimising waste, and tracking environmental conditions into the NDL, NCLF, and IHRL to safeguard the human rights of CiDD populations and provide more useful, approachable AI solutions that are appropriate for CiDD circumstances. AI usage, however, is not without danger. Some of these hazards include the possibility of increasing resource exploitation, a worsening of environmental injustices, and job displacement. Guaranteeing that AI is created and applied in ways that prioritise sustainability, fairness, and justice involves interacting with CiDD people.

4 Algorithmic Humanitarianism: Positioning AI’s Operationalisation for Human Rights Protection in CiDD Prosceniums

Operationalisation of AI can be defined as the deployment and utilisation of algorithmic technologies to predict CiDD situations and protect their human rights by sharing information regarding legal processes, fairness, and integration into the host societies while providing them migration models such as adaptation, mitigation, rehabilitation, relocation, resettlement, and resilience within the gamut of algorithmic humanitarianismFootnote 66 in which AI applications and ADM technologies are programmed with ethics, justice, and fair play. Public authorities increasingly use AI technology to assess people’s personalities or skills, allocate resources, monitor activities of people on social media and digital platforms, and make other decisions that could have real and severe repercussions for people’s human rights. However, finding the ideal balance between technological advancement and human rights protection is a pressing issue, as emphasised by the Office of the High Commissioner for Human Rights (OHCHR) in a Human Rights Comment.Footnote 67 The OHCHR made recommendations on AI and human rights following its mandate to promote the awareness of, practical observance of, and full enjoyment of human rights in all Council of EuropeFootnote 68 member states and provide advice and information on protecting human rights. There is no established definition of “artificial intelligence” at the moment. However, for this recommendation, the word “AI” refers broadly to a collection of disciplines, theories, and methods aimed at enhancing the capacity of machines to perform tasks requiring intelligence.

AI perceives real or virtual surroundings and first uses machine or human-based inputs. AI machines either manually or automatically abstract these perceptions into models. Finally, AI machines, either manually or automatically, derives outputs from these models through recommendations, projections, or judgments. AI has potential and risks, but it must not violate human rights. Earth and climate sciences are among the numerous industries where AI is reputed to be helpful. Currently, AI and big data are being used in climate and sustainability projectsFootnote 69; for example, to prevent forest fires and monitor wildlife, Microsoft’sFootnote 70 AI for Earth grants is being given out to solve climate issues. The Snow Leopard Trust (SLT) has obtained funding from Microsoft to monitor and count snow leopards in the wild. AI can classify thousands of photos in a few seconds or minutes. The same big data scale classification could need hundreds of “human” hours to duplicate.

4.1 Future AI Techniques for Protecting the CiDD People

Future AI techniques might develop a digital console for the planet Earth enabling global monitoring, modelling, prognosis, and managementFootnote 71 of climate processes. Monitoring CO2 levels, carbon emissions, ocean curves, wildlife movement, deforestation, illicit actions, pollution, and improving climate catastrophe prediction are just a few examples. Time and resources are running out worldwide, so this strategy must be implemented immediately to improve CiDD.Footnote 72 For the benefit of the CiDD people and the quality of life in the future, a worldwide partnership involving the Government of India and its research organisations, businesses, industries, and NGOs must begin to accomplish AI-powered solutions to transform the CiDD calamity into the opportunity for human integrity.

By effectively tracking climate change permutations, AI can reduce CiDD incidences. Additionally, AI helps to position its operationalisation to protect human rights and ADM technologies. However, AI may be less effective due to its high energy needs and restricted accessibility. An overreliance on AI may also hamper the implementation of critical systemic reforms in the AI technologies. AI’s capacity to process and analyse massive volumes of data fast and precisely makes it possible to more pragmatically monitor CiDD indicators like temperature, rising sea levels, and carbon emissions. AI can also reduce waste and optimise energy systems, reducing carbon footprints. The evidence is increasing that AI is crucial in protecting the CiDD people as the most countries are addressing climate change, whether it is quicker catastrophe mitigation from floods and fires or creating a cleaner electricity grid. Humanity will require all the assistances it can obtain. Thanks to scientific evidence, the need to minimise global carbon footprint is more evident than ever.Footnote 73 Otherwise, we risk making the Earth uninhabitable. However, AI has the potential to be a very beneficial tool for improving both our ability to respond to extreme weather occurrences and the resilience of our infrastructure. A predictive algorithm that analyses a large quantity of data to forecast what will happen next is often the core of an AI-powered solution. Implementing an AI-driven “smart grid”Footnote 74 solution that manages electricity from various renewable resources more effectively to control power distribution could be a significant step towards reaching low or zero-carbon energy usage.Footnote 75 Data is abundant in many electricity networks, and the sector has started to develop next-generation systems (smart grids) powered by AI and ML.

There is software that monitors flood conditions and warns individuals in CiDD risk locations, such as Google FloodHub,Footnote 76 to help with CiDD mitigation and adaptation. It displays maps of inundated areas and measurements of floodwaters concerning the height of an average adult body. FloodHub is now only accessible in a few locations in Bangladesh, India, South Asia, and South America, but the business wants to make it available everywhere. The Global SouthFootnote 77 and its cities are typically characterised by stable informal economies, slow economic expansion, fast population growth, and deteriorating infrastructure, which set them apart from the usual, open spaces of cities in developed or Global North countries with a high risk of being damaged by CiDD events and few resourcesFootnote 78 to deal with them, will benefit significantly from these technologies. For instance, a SWAMP project used the internet of things (IoT) to control waterFootnote 79 use in Brazil, Italy, and Spain and cut use from 18 to 38%. That might enable nations affected by drought to increase their water supplies. Some climate-related applications of AI serve only to raise awareness. For instance, the climate issue is digitally brought to people’s doorsteps with a AI tool called “This Climate Does Not Exist,”Footnote 80 which simulates imagery of floods, smog, or flames for whatever address is entered into to see how CiDD could impact familiar locations.

Therefore, climate change AI can be a tremendous assistance, even though it is not a miracle cure. It is a component of the AI labyrinth that got the capability to offer more sustainable modes of prognosis about the CiDD crisis along with addressing the collateral sectors like eco-compliant transportation and renewable energy sources and can redesign AI-powered infrastructure to help build a more climate-friendly and sustainable society.

4.2 AI Ethics and Reconciliation of Tensions Between CiDD and AI Applications: Raising Constitutional Standards and IHRL Obligations for Fostering Human Dignity in the CiDD Circumstances

The Constitution of India protects the right to dignity, diversity, and development, along with an assortment of human rights. Article 21 protects the right to life and personal liberty that has been bridging the legal, social, and policy gaps in the law. India is a party to the majority of the IHRL instruments,Footnote 81 but Article 21 of Indian constitution remains the potential instrument to position the operationalisation of AI-powered solutions for CiDD communities. In India, the legislative attempt follows years of worry over AI deployments, ranging from the national security implications of AI technology to the profiling of individuals for social security purposes.Footnote 82 The effects of AI on a range of human rights of the CiDD people such as the right to normal life, housing, health care, education, culture, diversity, identity, access to financial systems, human resources (recruitment and hiring), community development, good governance, and the right not to be displaced must be appreciated.

Historically, technology has aided in advancing human rights and harmed people unanticipatedly. It was nearly impossible to foresee many of the distressing ways that internet search tools, social media,Footnote 83 and mobile technology became drivers and multipliers of human rights abusesFootnote 84 worldwide when they were first released and as they grew in widespread adoption and accessibility. The use of nearly undetectable spyware to turn mobile devices into 24-h surveillance machinesFootnote 85 used against journalists and human rights defenders, for example, Facebook’s roleFootnote 86 in the 2017 ethnic cleansing of the RohingyaFootnote 87 in Myanmar, are both effects of the introduction of disruptiveFootnote 88 technologies whose social and political implications had not been given serious consideration. The ethical compass is more critical in AI than in any other technology. These all-purpose technologies change how we work, engage, and live.Footnote 89 The ethical ramifications and moral issues raised by the creation and application of AI technologies are crucial in the CiDD circumstances to examine the policies and frameworks India and other nations have developed to deal with them. The powerful frameworks with ethical concerns acknowledged the gaps in the mechanisms for equitable benefit sharing, responsibility distribution, worker exploitation, energy demands in the light of CiDD treatment, and more nuanced and less specific implications of AI, such as those about human relationships. Global businesses now need to guarantee the ethical growth of AI technologies.Footnote 90

Moreover, these businesses are in a position to ensure that AI either helps humanity or, at the very least, does no harm. The human rights community has created a pragmatic human rights due diligence framework (HRDF) that derives its legitimacy from the IHRL regime and the same must be applied to businesses in identifying, preventing, and minimising sufferings of the CiDD communities. Before it is too late, the industries creating AI technologies must have the HRDF procedures and protocols in place. Such algorithms use training data from enormous real-world datasets to produce outputs that are frequently impossible to distinguish from “actual” data, making it difficult to determine whether a human or an algorithmic application had a piece of content.

Tools like ChatGPT, which produce text; tools like Dall-E, Midjourney, and Stable Diffusion,Footnote 91 which generate images; and tools like Codex and Copilot, which generate compute code, are the three primary types of Generative AI applications available to date. Therefore, applying an HRBA to Generative AI is crucial, but it might be challenging to integrate AI tools with HRDF to protect the human rights of CiDD communities. To better understand the potential effects of these new tools, active interaction with CiDD stakeholders must be a part of the application design and policy formulation processes. Therefore, human rights organisations should lead the way in doing AI Ethics research, advocating for change, and engaging in other activities that foresee the revolutionary potential of AI technologies. It is in everyone’s interest that this omnipotent new technology is applied with HRBA to advance the rights of CiDD humanity.

5 Conclusion

AI is revolutionising the collection and processing of data in CiDD situations, enabling quick and efficient decision-making. Its data processing techniques, including machine learning, real-time data analysis, and automation, enable the extraction of intelligence for informed decision-making. AI has the potential to significantly change the way we manage CiDD and is a potent ally for local and global security. Integrating AI applications into the NDL, NCLF, and IHRL can provide a novel perspective on CiDD migration, benefiting both states and climate migrants. AI can collect data on actual and fictitious CiDD and accurately predict climate occurrences using satellite imagery and local information. India, with a regional focus, needs to use AI to create climate change-resistant infrastructure. The ethical use of AI can significantly improve climate resilience and accessibility measures for governments and communities affected by climate change. By acknowledging and openly discussing concerns, AI systems can be developed that are fair and just. Future AI technology could create AI-powered consoles for monitoring, modelling, prognosis, and management of climate processes. The human rights community has established a pragmatic HRDF to help businesses identify, prevent, and minimise damage to CiDD communities. However, integrating AI tools with HRDF may be challenging to protect human rights. Businesses creating Generative AI tools must implement a stringent and ethically oriented HRDF process in line with the UN-GPBHR to uphold their obligation to respect human rights.

AI has the potential to help address CiDD crises, as the climate change sector seeks innovative methods to support individuals. While the security risks of CiDD may be real, they are not part of a securitisation narrative that could perpetuate harm. Human security and dignity are affected areas, crucial for building ecologically sustainable nation-states. To address the CiDD threat, India and other countries need to adopt CiDD-oriented laws and AI policies. The operationalisation of AI in response to the CiDD crisis requires rewriting laws in India and abroad to incorporate AI-powered strategies, protocols, methods, procedures, tools, and technology. AI should be used to enhance diagnostic, formative, and summative digital assessments of CiDD, linking them to NDL, NCLF, and IHRL frameworks based on the centrality of human survival with human dignity and AI Ethics. This will help protect human rights and speed up the protective response for the CiDD population, ensuring a more effective response to climate disasters. Internet constitutionalism in India aims to protect the human rights of CiDD communities with the operationalisation of AI. However, India has shut down the internet more frequently than any other country over the past five years, often as a collective punishment for disrupting access to critical services. To defend fundamental human rights and the lives of CiDD people, “Digital India” must guarantee an internet accessibility and affordability consistent with internet constitutionalism. The Constitution of India protects the right to dignity, diversity, development, and various human rights, with Article 21 bridging legal, social, and policy gaps. Article 21 remains the potential instrument to position AI-powered solutions for CiDD communities.

AI operationalisation is not sufficient to address the immediate and future issues related to the CiDD crisis. Research should focus on how AI policy and practice can apply a human rights perspective in institutional transformation. AI can analyse risks, identify susceptible locations, and model future climate scenarios using data from satellite images and climate models. This information can guide decision-making and prepare for climate change effects while addressing ethical questions and biases. Satellite imagery can track the movements of CiDD persons, monitor internal mobility, and identify potential dangers. AI algorithms can identify patterns, pinpoint conflict zones, and support early warning systems. Governments and organisations can use satellite images and AI algorithms to collect data, track climate change patterns, forecast extreme weather, improve agricultural practices, and enhance disaster response and recovery operations.