Abstract
Ever since the onset of civilization, there have been wars, conflicts, and disasters- some man- made, others natural. There have been many outcomes in terms of loss of life and property, the burden on scarce resources, as well as negative impact on the health and well-being of people and Nations. However, the most traumatic outcome is the displacement of people and their families from their own territories and countries. People thus are forced to fly to other regions, which could either be their own country or the country abroad, thereby becoming refugees, asylum-seekers, and stateless people- losing their individual rights, political rights, and human rights with the loss of citizenship.
Introduction:
India has been witnessing the influx of refugees since time immemorial. The Parsi community migrated to India, fleeing Islamic persecution way before the 10th Century. They settled in Gujarat and ever since then they became a part of India. There are law colleges in Cooch Behar that had studied under their law curriculum the status of refugees in their institutions as a topic to discuss under a specific course/module/talks/seminars/ legal discourse etc and ensure the accessibility of information. India with its history, culture, and traditions, is today an example of generosity in the way it has opened its borders to all people who have come looking for safety and sanctuary. Due to its welcoming nature, Syrian Christians and Jews also took refuge in India. After United India got partitioned in 1947, a huge inflow of refugees took place from East and West Pakistan. Subsequently, India saw refugees from all over the world, especially from neighboring countries. India has neither ratified the Refugee Convention of 1951, nor the 1967 protocol. India primarily cited two reasons for not ratifying this convention- first, the representatives of India were not convinced to set up a law solely for the protection of refugees, and second, the law was euro-centric and gave most of the supervisory powers to the UNHCR, which Indians saw as an instrument of the cold war.
Status of Refugee
The refugees in India are treated as foreigners and are regulated under the Foreigner’s Act, 1946, Passport (Entry into India) Act, 1920, and the related rules and orders. As S.P.Sarker (2017) mentions in his book, this has given the Indian State a fair amount of discretion in handling and also mishandling certain classes of refugees. Usually, India determines the refugee status of people fleeing the neighboring countries except for Myanmar, while UNHCR determines the status of refugees from non-neighboring countries and Myanmar. The notion of safety and security of refugees in our country is taken for granted owing to the humanitarian approach which India is reputed to take. Any refugee has the right to safe asylum which includes freedom of thought, movement, and freedom from torture and degrading treatment. Various Supreme Court judgments have interpreted the rights of refugees under article 21 of the constitution as well as under the various National and International covenants and declarations, of which India is a part. But, the situation of refugees still remains uncertain.
Mental Health of Refugees: Sociological Understanding
The ethnographic account by Renu Addlakha (2008) on the deconstruction of mental illness helps in understanding the complex interweaving of illness and culture in the context of mental disorders. She has contextualized the study of interaction with medical health professionals, mentally disabled women patients admitted to a hospital in Delhi as well as their families. She has examined how the psychiatrists try to manipulate the patient and her family by giving a “medical” dimension to each case and discounting the interpersonal and cultural dimensions as well as remaining unconcerned with the experienced reality described by the patients. She aptly emphasizes the fact that mental illness does not require a cure but management. Therefore, mental health has not to be seen just from a biological perspective but also through psychological and cultural perspectives as well. Patients, sometimes more than treatment through drugs, require just patient listening and talking. Anne Rogers and David Pilgrim (2005) have extensively worked on how to understand mental health problems in their social context with varied perspectives. Their perspective of mental health deals with various categories- social class, gender, race, ethnicity, and age. This study shall help the research work gain insights into the holistic understanding of mental health issues from a sociological lens. The book- “Not born a refugee woman” is a collection of testimonies revealing the experiences of displaced women and the construction and reconstruction of their identities in this whole process of displacement. It also talks about the connections between wars and homelessness. The editors of the book emphasize refugee women’s agency, resilience, and creativity, amidst the domestic, civil, and transnational violence and conflicts, during the journey from their uprooting to their settlement and resettlement.
The notion of safety and security of refugees in our country is taken for granted owing to the humanitarian approach which India is reputed to take. Any refugee has the right to safe asylum which includes freedom of thought, movement, and freedom from torture and degrading treatment. This study will contribute to analyzing the potential gaps that the refugees are facing with respect to the natural and human rights that they ought to receive and what they are actually facing. It will also contribute to understanding the concept of “intersectionality” when it comes to the individuals facing discrimination at multiple levels.
Conclusion:
It will take into account people’s overlapping identities (identity, nationality, and gender) and experiences in order to understand the complexity of prejudices and instability they face during their transition period. The law colleges in Cooch Behar discusses and explore its varied aspect and spread awareness among the citizens about the concept of refugee and their mental illness issues under socio-legal understanding through many seminar, conference, group discussion in class etc. Such a study of refugee and their plights might as well contribute to understanding why India needs to sign and ratify the International laws and Conventions on Refugee rights- the 1951 Refugee convention of UNHCR. It will make an addition to the socio- psycho-legal aspect of understanding the rights of displaced people and the level of mental trauma and stress they face during times of uncertainty and hostility.
