Context: As of January 31, 2022, 46,000 refugees and asylum-seekers were registered with UNHCR India. 46% of this population is comprised of women and girls, a disproportionately burdened and vulnerable group. The United Nations Population Fund has acknowledged that “the face of displacement is female”.
About displacement:
- It refers to the forced movement of people from their homes or communities, which various factors, including conflict, natural disasters, development projects and persecution can cause.
- According to the United Nations High Commissioner for Refugees (UNHCR), by the end of 2023, 11.73 crore people, worldwide had been forcibly displaced due to persecution, conflict, violence, human rights violations or events seriously disturbing public order. Among them, 3.76 crore were refugees.
- With the Israel-Hamas war having escalated since then, the Ukraine-Russia war continuing, and Rohingyas facing fresh threats in Myanmar, the number of refugees worldwide is only expected to multiply significantly.
- Since independence, India has hosted over 200,000 diverse refugee groups. As of January 31, 2022, UNHCR India had 46,000 registered refugees and asylum-seekers, 46% of whom are women and girls.
Negative impact of displacement on people
- Loss of life and livelihood: Many displaced individuals lose family members, homes, land, and sources of income leaving them economically vulnerable.
- Psychological trauma: Exposure to violence, witnessing deaths, sexual abuse, or being forcibly separated from loved ones leads to post-traumatic stress disorder (PTSD), depression, and anxiety.
- Health crises: Refugee camps or temporary settlements can become breeding grounds for diseases due to overcrowding, inadequate sanitation, and lack of healthcare.
- Loss of common property resources: When people lose access to shared resources that are essential for their survival, this affects not only the economic aspect of their lives but also their social and communal relationships.
- Marginalisation: Exacerbates inequalities and reinforces the vulnerability of already disadvantaged groups, including women, children, and ethnic minorities.
- Food insecurity: Malnutrition and hunger become critical issues, particularly for children, pregnant women, and the elderly in displaced communities.
- Social disarticulation: The disarticulation of communities also erodes social cohesion, cultural practices, and traditions, leading to psychological distress and a loss of identity.
Challenges to female refugee
- Gendered responsibilities: Burdened with caregiving for children, the elderly, and family survival, often being the last to flee conflict zones.
- Physical and mental health: Refugee women are affected by a multitude of stressors spanning deaths of partners and children, hardships of camp life, complex alterations in family dynamics, limited access to community networks, and reduced safety.
- Gender-based abuse: Prolonged conflict, shifting gender roles, broken social support systems, and socio-economic challenges expose refugee women to higher risks of gender-based abuse, including transactional sex.
- Psychological and psychosocial conditions: They are twice as likely to develop PTSD and four times more likely to suffer from depression than men.
- A study in Darfur, Sudan found 72% of displaced women experienced PTSD and distress due to trauma and camp conditions, showing their higher risk of mental health issues compared to male refugees.
- Social and gender inequalities: Especially when refugee populations belong to patriarchal societies, lead to the experiences and testimonies of displaced women being dismissed.
Legal framework available to displaced women
Global level:
- The UN Convention on the Rights of Persons with Disabilities (UNCRPD) Recognises ‘long-term mental or intellectual impairments which, in interaction with various barriers, may hinder full and effective participation in society’ as ‘psychosocial disability’ and guarantees a plethora of rights to the affected persons.
- The UNCRPD also recognises that ‘women and girls with disabilities are subject to multiple discrimination’ and mandates measures to ensure ‘full and equal enjoyment by them of all human rights and fundamental freedoms’ (Article 6).
- These guarantees are required to be secured to all without any discrimination (Article 5).
India
- India ratified the UNCRPD and enacted the Rights of Persons with Disabilities Act, 2016 (RPWDA). RPWDA does not explicitly use the term ‘psychosocial disability,’ it recognizes “mental illness” under the RPWDA.
- The RPWDA guarantees rights to persons with disabilities, including healthcare (Section 25) and equal rights for women with disabilities (Section 4).
- The Supreme Court of India has upheld the right to life under Article 21,includes the right to health, for refugees.
Measures to strengthen the protection of displaced women
Effective policy-making also depends on the collection of disaggregated data on their health conditions, necessitating swift and systematic identification and registration processes.
India may consider signing the 1951 Refugee Convention and its 1967 Protocol to protect and define refugees' rights.
Specific domestic legislation addressing refugees specifically addresses the needs of displaced women, including protection from gender-based violence (GBV), access to healthcare, and economic opportunities.
Establish safe spaces and services for women and girls in displacement settings to prevent and respond to GBV, including shelters, counselling, and support services.
To secure the implementation of the aforesaid guarantees, it is crucial to integrate refugees with disabilities into relevant policies and programmes in an accessible manner.