Introduction
Global climate action is accelerating at an unprecedented pace. Governments around the world have pledged ambitious decarbonisation targets under the Paris Agreement, committing to large-scale renewable energy deployment, biodiversity conservation, and land restoration initiatives. Yet behind these commitments lies a fundamental legal and governance dilemma: the growing demand for land required to achieve climate mitigation and adaptation goals. Recent research suggests that government climate pledges collectively require access to approximately 1.2 billion hectares of land, a vast area comparable to the size of China.
A significant portion of this land overlaps with territories historically inhabited and managed by Indigenous Peoples and other traditional communities. These territories are often governed through customary land tenure systems that remain weakly recognised within formal legal frameworks. As a result, the expanding climate agenda—although aimed at protecting the environment—risks intensifying pressure on Indigenous lands and livelihoods. The paradox is striking: communities that have historically contributed the least to global greenhouse gas emissions are now among those most vulnerable to the unintended consequences of climate action.
From a legal perspective, climate justice therefore raises fundamental questions about land rights, governance, and the protection of indigenous territories. These questions are particularly relevant in countries such as India, where climate commitments intersect with complex histories of land acquisition, resource extraction, and the constitutional recognition of Indigenous and tribal communities.
Climate Action and the Emerging “Land Gap”
The concept of a “land gap” has emerged as a critical concern in global climate policy debates. Land-based climate mitigation strategies—such as afforestation, carbon sequestration, renewable energy deployment, and biodiversity conservation—require vast territorial resources. Studies suggest that much of the land targeted for climate interventions overlaps with areas already used by Indigenous Peoples and local communities for agriculture, forest livelihoods, and cultural practices.
Evidence from ecological and social science research shows that these territories are far from “unused” or “barren,” despite often being classified as such in government land records. In many cases, Indigenous territories support complex ecological systems and traditional livelihood practices that have sustained communities for generations. Where Indigenous communities possess secure land tenure, research demonstrates significantly lower rates of deforestation, improved biodiversity conservation, and more sustainable land management practices. Globally, Indigenous Peoples steward approximately 40 million square kilometres of land across more than 130 countries, including nearly 40 percent of terrestrial protected areas. These territories contain around 22 percent of the carbon stored in tropical forests and support nearly 80 percent of the world’s remaining biodiversity.
Yet despite these contributions, many Indigenous territories remain legally insecure. A recent global assessment indicates that roughly 60 percent of Indigenous lands are under threat, with land conversion risks particularly high in regions with weak institutional protection and growing development pressures.
India’s Climate Commitments and Land Pressures
India has committed to achieving net-zero emissions by 2070 and has pledged ambitious targets for expanding renewable energy capacity. By 2030, the country aims to install 500 GW of non-fossil fuel electricity capacity, significantly increasing the share of renewable energy in its power mix. Achieving these targets will require large-scale land allocations for solar parks, wind farms, transmission infrastructure, and associated industrial facilities. Renewable energy infrastructure is land-intensive. Solar energy projects, in particular, require significant land footprints for utility-scale installations. Estimates suggest that achieving India’s solar capacity targets could require several hundred thousand hectares of land, often located in rural areas with existing agricultural or ecological uses. At the same time, India is home to one of the world’s largest Indigenous populations. Approximately 104 million people belong to Scheduled Tribes, many of whom inhabit forested and mineral-rich regions in central and eastern India. These regions—including parts of Jharkhand, Chhattisgarh, Odisha, and Madhya Pradesh—are also major sites for coal mining, hydropower projects, and critical minerals.
This spatial overlap creates a complex legal and governance challenge. The same landscapes that contain critical mineral resources, renewable energy potential, and forest ecosystems are also home to communities whose livelihoods and cultural identities are deeply tied to these territories.
Indigenous Land Rights and Legal Frameworks in India
India’s legal framework for Indigenous and tribal land rights has evolved significantly over the past two decades. The Forest Rights Act (FRA) of 2006 represents one of the most important legislative efforts to recognise the customary rights of forest-dwelling communities. The Act acknowledges both individual and community forest rights and aims to correct historical injustices caused by colonial and post-colonial forest governance regimes. The performance efficiency of FRA stands at 49 percent with regard to recognition of claims and a sunset clause is needed to fully implement the law and recognize the claims of the adivasi communities.
Similarly, the Panchayats (Extension to Scheduled Areas) Act (PESA) of 1996 recognises the authority of tribal communities in designated areas to participate in decision-making processes related to land use and resource management.
Despite these legislative advances, implementation challenges remain substantial. In many regions, community forest rights have not been fully recognised or recorded, and administrative processes for land titling remain slow and inconsistent. As a result, many Indigenous territories continue to exist in a legal grey zone, making them vulnerable to land acquisition for development projects.
These challenges become particularly acute in the context of large-scale energy infrastructure and mining projects, where competing legal claims and administrative procedures often favour industrial development over customary land tenure.
Biodiversity Conservation and Indigenous Territories
Beyond energy infrastructure, global biodiversity policies are also reshaping land governance debates. The Global Biodiversity Framework (GBF) adopted in 2022 aims to conserve 30 percent of the world’s land and marine areas by 2030, a target widely referred to as “30x30”.
Indigenous territories play a central role in achieving these conservation goals. Indigenous Peoples and traditional communities manage approximately 54 percent of the world’s remaining intact forests, often through customary governance systems that integrate ecological knowledge and sustainable land use practices.
Recognising this contribution, international biodiversity agreements increasingly emphasise the importance of Indigenous knowledge systems. The Convention on Biological Diversity (CBD) has acknowledged the role of Indigenous and traditional knowledge under Article 8(j), and the recent establishment of a permanent subsidiary body on this article signals growing recognition of Indigenous contributions to biodiversity conservation.
However, translating these commitments into practical policy frameworks remains challenging. Effective biodiversity conservation requires not only recognising Indigenous knowledge but also securing the legal rights of communities to manage and govern their territories.
Renewable Energy and the New Resource Frontier
The rapid expansion of renewable energy infrastructure introduces another dimension to these governance challenges. Studies suggest that renewable energy projects alone may require access to over 3.6 million square kilometres of land globally, with solar projects accounting for the majority of this demand. By 2030, India needs roughly 560,000 hectares of land for solar projects.
In addition to land requirements, the renewable energy transition also depends heavily on critical minerals such as lithium, cobalt, nickel, and rare earth elements. These minerals are essential for manufacturing batteries, wind turbines, solar panels, and electric vehicles.
Research indicates that a significant proportion of existing and proposed critical mineral projects overlap with Indigenous territories. One study of more than 5,000 critical mineral projects worldwide found that nearly 70 percent were located on or near Indigenous lands.
These dynamics suggest that the transition to a low-carbon economy could reproduce many of the same socio-economic and environmental challenges historically associated with fossil fuel extraction unless strong legal safeguards are established.
Legal Principles for a Just Energy Transition
From a legal standpoint, addressing these challenges requires strengthening the recognition of Indigenous land rights and ensuring that climate and energy policies are implemented within robust human rights frameworks.
A key principle in this regard is Free, Prior, and Informed Consent (FPIC), which requires that Indigenous communities be consulted and provide consent before development projects affecting their territories are undertaken. Although FPIC is widely recognised in international law, its implementation within national legal systems remains uneven.
In the Indian context, strengthening the implementation of the Forest Rights Act and PESA could play a crucial role in operationalising FPIC and ensuring meaningful participation of tribal communities in decision-making processes. Another important legal priority involves improving land governance systems through digital mapping, community-led land documentation, and transparent land registries. Such initiatives can help clarify land ownership and reduce conflicts related to land acquisition.
Technological innovations in community mapping and geospatial data have already demonstrated promising results in several regions of Asia, Africa, and Latin America, enabling communities to document customary territories and strengthen their legal claims.
Financing Justice in Climate Transitions
Achieving a just energy transition also requires significant financial resources. At the global level, a coalition of governments and philanthropic organisations pledged USD 1.7 billion at COP26 to support Indigenous Peoples and local communities in securing land rights and protecting forests.
While this initiative represents an important step forward, the scale of financial support required is significantly larger. Securing land rights, supporting community governance systems, and strengthening legal institutions all require sustained investments.
Furthermore, innovative financial mechanisms such as Payments for Ecosystem Services (PES) and biodiversity benefit-sharing frameworks could provide additional revenue streams for Indigenous communities while supporting conservation goals.
Recent initiatives such as the Cali Fund—established under biodiversity negotiations to distribute benefits from the use of digital genetic resources—illustrate emerging efforts to link biodiversity conservation with equitable benefit sharing. However, the effectiveness of such mechanisms ultimately depends on the clear identification and legal recognition of rights holders.
Conclusion: Toward a Rights-Based Climate Future
Climate action, biodiversity conservation, and energy transition are among the defining policy challenges of the twenty-first century. Yet these goals cannot be achieved sustainably without addressing the underlying legal and governance questions related to land rights and territorial justice.
Indigenous Peoples and traditional communities are not merely stakeholders in climate policy; they are among the most effective stewards of the world’s remaining ecosystems. Securing their land rights is therefore not only a matter of social justice but also a prerequisite for achieving global climate and biodiversity goals.
For countries like India, the challenge lies in balancing ambitious climate commitments with the constitutional protection of tribal communities and their territories. Strengthening land tenure recognition, implementing Free, Prior, and Informed Consent, and integrating Indigenous knowledge into climate governance frameworks are essential steps toward this objective.
Ultimately, the success of the global energy transition will depend not only on technological innovation but also on the ability of legal systems to ensure that climate action advances both environmental sustainability and human rights.