Protection of Rights of Refugee Women Against Gender Based Violence in India

Abstract

This research paper examines the multifaceted challenges faced by refugee women in India who are subjected to gender-based violence (GBV) and analyzes the existing legal and policy frameworks for their protection. Despite India's constitutional commitment to equality and human rights, refugee women remain among the most vulnerable populations, experiencing disproportionate levels of sexual violence, domestic abuse, trafficking, and economic exploitation. The study reveals significant gaps in India's approach to refugee protection, particularly the absence of comprehensive domestic refugee legislation and the country's non-ratification of the 1951 Refugee Convention. Through analysis of legal frameworks, case studies of Rohingya and Afghan refugee women, and examination of existing protection mechanisms, this paper identifies critical deficiencies in the current system including lack of legal status, limited access to justice, inadequate support services, and discriminatory practices. The research concludes that while India has made provisions through Article 21 of the Constitution and various domestic violence laws, a comprehensive rights-based approach specifically addressing the unique vulnerabilities of refugee women against GBV is urgently needed. The paper recommends enacting dedicated refugee legislation, strengthening implementation of existing laws, enhancing inter-agency coordination, and establishing specialized support mechanisms to ensure effective protection of refugee women's rights against gender-based violence.