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A Study On The Working Of The International Institutions And The National Institutions In Relation To The Rights Of The Internally Displaced Persons: With Special Reference To Dams In India




Soumyadeep Ghosh, Research Scholar, Department of Law, Cooch Behar Panchanan Barma University


ABSTRACT


This paper examines the multifaceted crisis of Internally Displaced Persons (IDPs), focusing on the distinction between IDPs and refugees and the inadequacy of current legal and institutional responses. The study underscores that while refugees are protected by international law after crossing borders, IDPs, who remain within their home countries, are often left without a clear legal framework or constitutional safeguards. The document analyzes the primary drivers of internal displacement, which are not limited to armed conflict but also include development-induced and environmental factors, such as dam construction and urban expansion. It highlights that in countries like India, the absence of a national policy on internal displacement has created a significant protection gap, leaving millions of individuals vulnerable.


The analysis reveals that displacement leads to a devastating loss of not only physical homes but also social networks, cultural identity, and livelihoods. The text details how this vulnerability is especially acute for marginalized communities, including tribal populations, women, and children, who face heightened risks of exploitation and poverty. It critically evaluates the role of international institutions, arguing that while they have established guiding principles, their effectiveness is often limited by issues of state sovereignty and institutional inertia. The paper concludes with a strong call for governmental accountability. It argues that for development to be truly just and sustainable, national authorities must adhere to constitutional protections, reform flawed compensation and rehabilitation policies, and prioritize human rights over economic progress.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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