Women refugee in India is considered one of the most vulnerable sections of society facing socio cultural and economic discrimination, gender based violence, refugee persecution, forcefully engaged in sex trafficking and begging rackets etc. The present study is an attempt to understand the socio-legal issues of refugees with special reference to women in the present contemporary scenario.
Introduction:
Women refugees suffer the utmost encumber of these systematic attacks as they are browbeaten on the base of their gender as well as their ethnicity. There are law colleges in Cooch Behar that had discusses under their law curriculum the status of women refugees in their institutions as a topic under a specific course/module/talks/seminars/legal discourse/class deliberation etc and ensure the accessibility of information. This vulnerability and oppression is basically exist in terms of violation of their human rights in the form of torture, sexual harassment, rape, forced disappearance, refoulement, slavery and discrimination, illegal detention poverty, illiteracy, lack of educational opportunity lack of health care facilities, lack of affirmative action in the form of effective rehabilitation under human right jurisprudence and international laws. There is a lack of compliance with national and international legal standards and principles with respect to refugees standards and principles such as non refoulement principles and relating convention which protects their rights and claims etc. For sundry epochs, ‘socio-inclusive growth with, dignity, equity, liberty and social justice for the refugees has remained on the progress plan of many developing countries including state like India, nonetheless from the bygone point of view women refugees are subjected to substantial disparity in rehabilitation, education, health right, accessibility etc.
Issues and Challenges
Women refugees used to cross borders after being traumatized by various forms of violence in their home country and some of the harms are directly related to their gender and this continue at every level and phases of their refugee status tenure. Because of their oppression and vulnerability on the basis of their gender, women victims feel habituated to bear the brunt of these systematic attacks both in the country of origin as well as in the country of asylum. Some common forms of violence in this area manifest itself in the form of ‘rape’, ‘sexual atrocities’, ‘female genital surgery’, ‘domestic violence’, ‘forced impregnation’, ‘forced abortion’, ‘forced sterilization’, ‘demand of sexual favours’ and many more.
Women may also be subjected to sexual assault by other male refugees in their journey. Apart from that, the local people, military combatants, police and security personnel in the hosting nation have all been accused of abusing their positions. It has also been witnessed that often in the unorganized labour sector in the developing country, these women refugees are the easy prey of their employers or the local managers or contractors and these incidents mainly go unreported because of their illegal entry and consequent fear of deportation. That apart, forceful female genital surgery (FGS) is another instance of violation of their bodily integrity where, without anesthesia, portions of the female genital organs are removed or two sides of the vulva are sewn together.
Further, health, education and employment needs of refugee women are another area that requires considerable focus. Apart from maternal health issue, they face significant number of psychological, physical and social challenges such as poor health, anxiety, depression, stress- related psychosomatic illnesses, dementia and post-traumatic stress disorders. Beside this, the concern of their malnourished children’s ailments and diseases severely affect the mental health of refugee mother. Thus, physical and mental trauma, sexually transmitted diseases, unwanted pregnancies have become their routine affair. Another shocking fact is that when durable solutions for refugees come for consideration, refugee women are sometimes overlooked. Many times, just the family’s male head of household is questioned about his wish to return home, and the spouse is presumed to follow the family’s male head of household. This is nothing but the reflection of ‘male chauvinism
Conclusion:
It firmly believe that the issues and challenges of women refugee cannot be solved and changes in overnight, however we cannot keep our eyes closed with respect to the plight of women refugee and their protection under human rights. The law colleges in Cooch Behar discusses and explore its varied aspect and spread awareness among the citizens about the women refugee and it plights issues through many seminar, conference, group discussion in class etc. UNHCR is working in the protection of refugee rights especallly the women and always s vocal and rasing voices against discrimination torture against refuges across the globe. Various guidelines have been issued by this institution from time to time to recognise their claims and assist them in attaining refugee status to lead at least a basic dignified life in refugee camps.
