The Hindu Editorial Analysis- 10th August 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Refugee rights, the gendered nature of displacement 

Why in News?

The article discusses the global displacement crisis, highlighting the increasing number of refugees due to conflicts and persecution.

• It emphasises the disproportionate impact on women, who face unique challenges, including mental health issues.
• The article calls for India to improve its legal and policy framework to better support refugee women with psychosocial disabilities, aligning with international commitments.

Global Displacement Crisis

• Armed conflict, violence, human rights abuses, and persecution push many people worldwide to leave their homes, becoming displaced individuals.
• As per the United Nations High Commissioner for Refugees (UNHCR), by the end of 2023, around 117.3 million people globally were forced to leave their homes due to persecution, conflict, violence, human rights violations, or events seriously disturbing public order.
• Out of these individuals, 37.6 million were refugees. These numbers are likely to increase due to ongoing conflicts like the Israel-Hamas war, the Ukraine-Russia war, and new dangers facing the Rohingyas in Myanmar.

The Female Face of Displacement

• India has been a country that historically welcomes refugees, having sheltered more than 200,000 diverse refugee communities since gaining independence.
• By January 31, 2022, around 46,000 refugees and asylum-seekers were officially recognized by UNHCR India, with 46% of them being women and girls.
• Female refugees often face heavier responsibilities, taking care of children, being among the last to escape conflict, and bearing gender-specific caregiving duties.
• The United Nations Population Fund points out that women are significantly affected by displacement, impacting their physical and mental well-being.
• Women refugees encounter various stress factors such as the loss of family members, challenges of living in camps, changes in family dynamics, and limited support networks and safety.
• Long-lasting conflicts, shifts in gender roles after conflicts, breakdowns in support systems, and socio-economic obstacles expose women to higher risks of gender-related violence, including transactional sex.

Mental Health Challenges for Displaced Women

•  Displaced women face higher chances of mental health problems like PTSD, anxiety, and depression. They are twice as likely to experience PTSD symptoms and more than four times as likely to have depression compared to men. 
•  A research conducted in Darfur, Sudan, revealed that about 72% of women who were forced to leave their homes were impacted by PTSD and distress caused by traumatic incidents and their living situations in camps. 
•  Studies indicate that female refugees are more prone to mental health issues than male refugees. In societies where men typically hold more power, women who have been displaced often have their struggles and traumas overlooked. 
• Women who are psychologically vulnerable are often treated poorly and kept isolated. Families fleeing their homes, with limited resources, tend to focus more on physical health, neglecting the mental well-being of women. 
•  Among refugees, the utilization of mental health services is lower compared to locals, with women availing these services even less than men. In countries like India, societal norms that favor men and the stigma attached to mental health problems make it hard for women to access help. 
•  Mental health services are usually offered in government hospitals with lengthy waiting times or through unregulated non-profit organizations, which are usually sought out only when issues worsen. Women encounter obstacles like stigma, shame, language barriers, and lack of awareness. 

Conventions, Rights, and India’s Role

• The UN Convention on the Rights of Persons with Disabilities (UNCRPD) acknowledges long-term mental or intellectual impairments as psychosocial disabilities, ensuring equal rights without unfair treatment.
• India agreed to the UNCRPD and passed the Rights of Persons with Disabilities Act, 2016 (RPWDA), which promises rights to individuals with disabilities, including accessible and cost-free healthcare.
• Yet, refugee women with psychosocial disabilities are left out from these assurances due to legal gaps, societal bias, unfair treatment, and obstacles like language and money.
• The Supreme Court of India has confirmed refugees’ entitlement to life under Article 21, encompassing healthcare, but their access is confined to government hospitals. Refugees are not part of most public health schemes, and private healthcare comes at a high cost.
• Since there are no specific assurances for refugees with disabilities, these women are still unable to enjoy their rights, breaching their right to life as stated by the Court and UNCRPD.

Addressing Structural Gaps

• India does not follow the 1951 Refugee Convention and its 1967 Protocol.
• It also lacks specific laws for refugees, especially those with disabilities.
• A clear, written set of rules is required to meet India's promises to the world, as outlined in the 2030 Agenda for Sustainable Development. This focuses on helping weak groups, like disabled people and refugees.
• To create effective policies, it's important to include refugees with disabilities in programs that they can easily access. It's also crucial to gather detailed information about their health to correctly identify and register them.

Way forward

• Adopt a thorough legal framework specifically for refugees, including safeguards for mental well-being following worldwide standards.
• Include refugees in current public health initiatives and guarantee their entry to mental health care without bias.
• Raise awareness and diminish the shame related to mental well-being through community engagement.
• Set up language-diverse support services and reinforce collaborations with non-governmental organizations to offer precise mental health treatments.
• Gather detailed data on refugees' health requirements to guide policy choices and ensure efficient distribution of resources.

Practice Question:  Discuss the challenges faced by female refugees in India, and evaluate the existing legal and policy frameworks addressing their needs. How can India enhance its support for refugee women with psychosocial disabilities? (150 Words /10 marks)