Rising Numbers of Displaced Persons

• Causes of Displacement: Armed conflicts, violence, human rights abuses, and persecution force millions to leave their homes globally. The term "displaced people" includes refugees, asylum-seekers, and internally displaced persons (IDPs).
• UNHCR Statistics: By the end of 2023, 11.73 crore people were forcibly displaced globally, a number exacerbated by ongoing conflicts and persecution, including:
  • Israel-Hamas Conflict: The recent escalation has increased the number of displaced individuals.
  • Ukraine-Russia War: This prolonged conflict continues to contribute to the refugee crisis.
  • Rohingya Crisis in Myanmar: Fresh threats have heightened the displacement of Rohingya Muslims, adding to the global refugee count.

India’s Role as a Refugee-Receiving Nation

• India’s Refugee History: India has long been a refuge for displaced people, hosting over 200,000 refugees from diverse groups since independence.
• Current Statistics: As of January 31, 2022, 46,000 refugees and asylum-seekers were registered with UNHCR in India, with 46% being women and girls.

Challenges Faced by Refugee Women

• Gendered Responsibilities: Refugee women often bear disproportionate burdens, including:
  • Sole accountability for children and family sustenance.
  • Last to flee during conflicts, increasing their risk.
  • Gendered caregiving roles for both the young and elderly.
• Impact on Physical and Mental Health: Displacement severely impacts women’s health:
  • Refugee women face a higher risk of gender-based violence, including sexual violence and exploitation.
  • Stressors include the deaths of family members, hardships of camp life, and altered family dynamics.
• High Incidence of Mental Health Issues: Displaced women show higher rates of mental health issues, such as:
  • Post-Traumatic Stress Disorder (PTSD): Women are twice as likely to exhibit PTSD symptoms compared to men.
  • Depression: Women are over four times as likely to experience depression.
  • Case Study - Darfur, Sudan: A study revealed that 72% of displaced women in Darfur suffered from PTSD and general distress due to their traumatic experiences.

Social and Gender Inequalities

• Epistemic Injustice: Women’s experiences and testimonies often go unnoticed, leading to their mental health issues being dismissed or stigmatized.
• Patriarchal Societies: In patriarchal societies, refugee women’s mental health concerns are further marginalized, with families prioritizing the physical health of men over the mental health of women.

Challenges in Accessing Mental Health Services

• Stigma and Isolation: Refugee women face stigma surrounding mental health issues, leading to isolation and a lack of support.
• Limited Financial Resources: Financial constraints often force refugee families to neglect mental health care.
• Inadequate Mental Health Services:
  • Government hospitals are overwhelmed with long wait times.
  • Non-Governmental Organizations (NGOs) provide unregulated support services, often sought only when issues escalate severely.
• Communication Barriers: Language and cultural differences further restrict access to necessary services.

International Conventions and India’s Legal Framework

• UN Convention on the Rights of Persons with Disabilities (UNCRPD): Recognizes the rights of individuals with long-term mental or intellectual impairments (psychosocial disabilities) to participate fully in society.
  • Article 6 emphasizes the rights of women and girls with disabilities to enjoy full and equal human rights.
• Rights of Persons with Disabilities Act, 2016 (RPWDA):
  • Defines "mental illness" as a substantial disorder that impairs judgment, behavior, and capacity to meet life’s demands.
  • Guarantees rights to persons with disabilities, including free and priority access to health care (Section 25).
  • Mandates equal rights for women with disabilities (Section 4).

Exclusion of Refugee Women

• Legal and Administrative Gaps: Refugee women with psychosocial disabilities are excluded from these guarantees due to:
  • Legal frameworks that overlook non-nationals in the distribution of rights and services.
  • Social stigma, lack of awareness, and financial constraints.

Judicial Interventions

• Supreme Court of India: Affirmed the inherent right to life under Article 21, which includes the right to health for refugees.
• Access to Health Services: Refugees primarily rely on government hospitals, as they are excluded from most public health programs available to citizens, and private care is prohibitively expensive.
• Gap in Implementation: The absence of explicit guarantees extending RPWDA to refugees results in the violation of their right to health and life.

Need for a Uniform Refugee Policy in India

• India’s Non-Signatory Status: India is not a party to the 1951 Refugee Convention or its 1967 Protocol, leading to a lack of specific domestic legislation for refugees.
• Codified Refugee Policy: The need for a uniform, codified framework that aligns with India’s international commitments, such as the 2030 Agenda for Sustainable Development, is critical.
• Policy Integration: Refugees with disabilities must be integrated into relevant policies and programs in an accessible manner.
• Disaggregated Data: Effective policymaking requires the collection of disaggregated data on refugee health conditions, necessitating systematic identification and registration processes.

Conclusion

• Call to Action: The article stresses the urgency of addressing the structural gaps in India’s refugee policy, particularly for displaced women with psychosocial disabilities.
• Future Prospects: The pressing question remains whether these vulnerable groups will continue to suffer or if timely and effective measures will be taken to protect their rights and well-being.