GENDERED DISPLACEMENT: REFUGEE WOMEN AND THE STRUGGLE FOR RIGHTS AND DIGNITY IN INDIA

Syllabus:

  • GS-1– Displacement , refugees , gender angle to it , Empowerment of vulnerable communities

Focus :

  • This article delves into the gendered nature of displacement, highlighting the disproportionate challenges faced by refugee women, particularly those with disabilities. It examines the systemic gaps in legal and policy frameworks in India, the barriers to accessing mental health and other essential services, and the urgent need for inclusive policies that address the unique vulnerabilities of this marginalized group.
GENDERED DISPLACEMENT: REFUGEE WOMEN AND THE STRUGGLE FOR RIGHTS AND DIGNITY IN INDIA - UPSCSource-UN women

Introduction

Global Displacement Crisis:

  • Armed conflict, violence, human rights abuses, and persecution have forced millions of people worldwide to flee their homes.
  • By the end of 2023, the UNHCR reported 117.3 million forcibly displaced people globally, with 37.6 million categorized as refugees.
  • The ongoing Israel-Hamas war, the Ukraine-Russia conflict, and the persecution of Rohingyas in Myanmar suggest a further rise in these numbers.

India’s Role as a Refugee-Receiving Nation:

  • India has a long history of receiving refugees, with over 200,000 diverse refugee groups hosted since independence.
  • As of January 2022, UNHCR India registered 46,000 refugees and asylum-seekers, 46% of whom are women and girls.
  • The gendered nature of displacement places disproportionate burdens on women, who are often responsible for children, the elderly, and the overall sustenance of the family.

The Gendered Nature of Displacement

Female Face of Displacement:

  • The United Nations Population Fund acknowledges that “the face of displacement is female.”
  • Displaced women face unique challenges, including physical and mental health issues, exacerbated by the loss of traditional social support systems and increased caregiving responsibilities.

Impact on Mental Health:

  • Refugee women are at heightened risk for mental health issues, including PTSD, anxiety, and depression.
  • Studies show displaced women are twice as likely to exhibit symptoms of PTSD and four times as likely to suffer from depression compared to men.
  • A study in Darfur, Sudan, found that 72% of displaced women experienced PTSD and general distress due to traumatic events and living conditions in camps.

Social and Gender Inequalities:

  • Refugee women, particularly from patriarchal societies, often have their experiences and testimonies dismissed, leading to epistemic injustice.
  • This dismissal, combined with social stigma and gender inequalities, exacerbates their isolation and mental health challenges.

Barriers to Accessing Health

Systemic Gaps in Health Services:

  • Displaced women rarely receive necessary mental health support due to limited financial resources, stigma, and prioritization of physical health over mental health within refugee families.
  • Mental health service use is lower among refugees than local populations, and even lower among women compared to men.
  • In patriarchal host societies like India, male-dominated community participation leaves refugee women isolated without a platform to voice their concerns.

Challenges in Accessing Services:

  • Refugee women face multiple barriers to accessing mental health services, including stigma, shame, communication barriers, and limited mental health literacy.
  • Available services are often restricted to government hospitals with long wait times or unregulated NGOs, and are sought only when issues have severely escalated.

Legal and Administrative Exclusions:

  • India’s legal framework, including the Rights of Persons with Disabilities Act, 2016 (RPWDA), does not explicitly include refugee women with psychosocial disabilities.
  • Refugee women are excluded from most public health and nutrition programs available to citizens, with access to healthcare primarily limited to government hospitals.
  • Financial constraints make private healthcare services prohibitively expensive, leaving many without adequate care.

International Conventions

  • The UN Convention on the Rights of Persons with Disabilities (UNCRPD) recognizes long-term mental impairments as psychosocial disabilities and guarantees a range of rights to affected persons.
  • The UNCRPD also mandates special measures to ensure the rights of women and girls with disabilities, who face multiple discrimination.

India’s Legislative Framework:

  • India ratified the UNCRPD and enacted the RPWDA in 2016, which provides guarantees to persons with disabilities, including the right to health care.
  • However, the RPWDA does not explicitly include refugees, and terms like “psychosocial disability” are not yet part of India’s legislative language.
  • Refugees with disabilities are filtered out from the implementation of these guarantees due to their non-national status.

Judicial Directives and Gaps in Implementation:

  • The Supreme Court of India has affirmed refugees’ inherent right to life under Article 21 of the Constitution, which encompasses the right to health.
  • Despite this, refugees’ access to healthcare remains extremely limited, contradicting the Court’s directives and the mandates of international conventions like the UNCRPD.

The Need for Inclusive Policies

Filling the Structural Gaps:

  • India is not a signatory to the 1951 Refugee Convention and its 1967 Protocol, nor does it have specific domestic legislation for refugees.
  • The lack of a uniform, codified framework to address the needs of refugees, particularly those with disabilities, is a significant gap in India’s policy landscape.

Integration into Policies and Programs:

  • It is crucial to integrate refugees with disabilities into relevant policies and programs, ensuring accessible and inclusive services.
  • Effective policy-making requires the collection of disaggregated data on refugee health conditions, necessitating swift and systematic identification and registration processes.

Empowerment and Sustainable Development Goals:

  • The 2030 Agenda for Sustainable Development emphasizes empowering vulnerable populations, including persons with disabilities and refugees.
  • India must align its policies with international commitments to ensure the rights and well-being of refugee women and those with disabilities.

Conclusion

  • Refugee women, especially those with disabilities, face a multitude of barriers in realizing their guaranteed rights.
  • The structural and systemic gaps in India’s legal and policy frameworks contribute to the continued marginalization of this vulnerable group.
  • There is an urgent need for a uniform, codified framework in India that addresses the rights of refugees, particularly women with disabilities.
  • Inclusive policies, effective implementation, and greater awareness are essential to ensure that refugee women can access the services and support they need.
  • India, as part of the international community, must uphold its commitments to protecting the rights of refugees and persons with disabilities.
  • The time for action is now; the continued suffering of refugee women must not be ignored.

Associated Article

https://universalinstitutions.com/world-development-report-2023-migrants-refugees-and-societies/

Mains UPSC Question

GS 1

Examine the challenges faced by refugee women, particularly those with disabilities, in accessing healthcare and other essential services in India. Discuss the systemic gaps in India’s legal framework and suggest measures to ensure their rights are protected. (250 words).” (250 words)