Context

• Armed conflicts, violence, human rights abuses, and persecution have driven millions of people across the globe to flee their homes, transforming them into displaced people.
• The United Nations High Commissioner for Refugees (UNHCR) reported that by the end of 2023, 11.73 crore people worldwide had been forcibly displaced due to various forms of violence and persecution.
• Amid the ongoing conflicts around the world and refugee crisis, it is important to assess India’s role as a refugee receiving nation, female face to refugee demographics and steps to improve their rights and living conditions.

India's Role as a Refugee-Receiving Nation

• India has historically played a significant role as a refugee-receiving nation, having hosted over 200,000 refugees from diverse groups since its independence.
• As of January 31, 2022, 46,000 refugees and asylum-seekers were registered with UNHCR
• Notably, 46% of this population comprises women and girls, who represent a particularly vulnerable and disproportionately burdened demographic.
• These women often find themselves solely accountable for the care and sustenance of their families, shouldering responsibilities that are exacerbated by the challenges of displacement.

The Gendered Nature of Displacement

• The UN Population Fund has aptly described the situation by stating that the face of displacement is female.
• The gendered nature of displacement significantly impacts the physical and mental health of refugee women.
• They endure a range of stressors, including the deaths of family members, the hardships of camp life, alterations in family dynamics, and a lack of access to community networks.
• The prolonged nature of conflicts, coupled with socio-economic challenges and the breakdown of traditional social support systems, increases their exposure to gender-based violence and abuse.

A Closer Examination of the Mental Health Crisis Among Displaced Women

• Trauma and Vulnerability
  • Displaced women often endure multiple layers of trauma, beginning with the initial displacement itself.
  • The act of fleeing conflict zones typically involves exposure to extreme violence, including witnessing the death or injury of loved ones, destruction of homes, and direct experiences of physical harm.
  • These traumatic events can have a profound and lasting impact on mental health, manifesting in conditions such as post-traumatic stress disorder (PTSD), anxiety, and depression.
  • The process of displacement strips women of their social roles, security, and support systems, leaving them in a state of heightened vulnerability.
• Additional Stress in Refugee Camps
  • Once in refugee camps or temporary settlements, women face additional stressors that exacerbate their psychological distress.
  • The harsh living conditions, overcrowding, lack of privacy, and limited access to basic necessities can create an environment of constant fear and uncertainty.
  • For many women, the threat of sexual violence is an ever-present concern, further contributing to their mental health struggles.
  • The breakdown of traditional family structures and the loss of male family members often place the burden of family survival squarely on the shoulders of women, adding to their emotional and psychological load.
• Psychological Effects Due to Gender Based Violence (GBV)
  • The chaotic and lawless environments of conflict zones and refugee camps often lead to increased instances of sexual exploitation, domestic violence, and other forms of abuse.
  • Women may be forced into transactional sex as a means of survival, or they may experience violence within their families because of the stress and desperation that accompanies displacement.
  • These experiences of GBV not only cause immediate physical and emotional harm but also have long-term psychological effects.
  • Survivors of gender-based violence are at a significantly higher risk of developing mental health disorders such as PTSD, depression, and anxiety.
• Social Stigma and Mental Health Access
  • In many cultures, mental health problems are viewed with suspicion, shame, or as a sign of weakness.
  • This stigma is particularly strong in patriarchal societies, where women's mental health concerns are often trivialised or ignored.
  • As a result, many displaced women suffering from mental health disorders do not seek help, fearing judgment or rejection by their communities.
• The Intersection of Gender and Psychosocial Disabilities
  • The intersection of gender and psychosocial disabilities creates a unique and often overlooked burden for displaced women.
  • Women with pre-existing mental health conditions, or those who develop such conditions due to displacement, face compounded discrimination.
  • They are often viewed as less capable or less deserving of support, both within their communities and by service providers.
  • This double marginalisation, being both a woman and a person with a psychosocial disability, can lead to further exclusion and neglect.

International and Domestic Legal Frameworks

• The UN Convention on the Rights of Persons with Disabilities (UNCRPD) recognises psychosocial disability as a condition that hinders full and effective participation in society.
• The convention guarantees a range of rights to affected persons, particularly women and girls with disabilities, who are often subject to multiple forms of discrimination.
• India ratified the UNCRPD and enacted the Rights of Persons with Disabilities Act 2016 (RPWDA), which provides corresponding guarantees to persons with disabilities, including the right to health care.
• However, despite these legal frameworks, refugee women with psychosocial disabilities in India remain marginalised.
• The RPWDA's guarantees do not extend to non-nationals, including refugees, due to various factors such as legal and administrative oversight, social stigma, discrimination, and financial constraints.
• Although the Supreme Court of India has consistently affirmed refugees' inherent right to life under Article 21, encompassing the right to health, access to health care services remains extremely limited for refugees, primarily restricted to government hospitals.
• They are often excluded from public health and nutrition programs available to citizens, and private healthcare remains prohibitively expensive for most refugee families.

Way Forward: The Need for a Codified Legal Framework

• India's exclusion from the 1951 Refugee Convention and its 1967 Protocol, coupled with the absence of specific domestic legislation addressing the rights of refugees, including those with disabilities, highlights a significant structural gap.
• Given the vast refugee population in the country, there is an urgent need to establish a uniform, codified legal framework that adequately implements India's international commitments.
• This need is further underscored by the 2030 Agenda for Sustainable Development, which emphasises empowering vulnerable populations, including persons with disabilities and refugees.
• Effective policy-making in this regard requires the integration of refugees with disabilities into relevant policies and programs in an accessible manner.
• This also necessitates the collection of disaggregated data on their health conditions through systematic identification and registration processes.
• The question that remains is not whether these steps should be taken, but rather how and when they will be implemented.

Conclusion

• The plight of displaced women, particularly those with psychosocial disabilities, is a pressing humanitarian issue that demands immediate attention.
• While international and domestic legal frameworks exist to protect the rights of these individuals, significant gaps remain in their implementation, particularly in countries like India.
• Addressing these gaps requires a concerted effort to establish a comprehensive legal framework that extends protection and support to all displaced individuals, regardless of nationality, ensuring their right to life, health, and dignity.