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Status Of Afghan Women Refugees In India




Shrestha Datta, B.B.A., LL.B. (Hons.), Amity Law School, Amity University, Kolkata


ABSTRACT


Following the withdrawal of the U.S. military, and the fall of Afghan governance in the hands of the Taliban rule in 2021 has ushered in a new era of oppression and tyranny for Afghan women. The Taliban has intensely taken control over the women’s lives, with women facing systemic discrimination and being deprived of their basic human rights, including the right to education for the girls above the age of 10, the right of free speech and movement, the right to participate actively in the discussions of the international organizations and working in the local communities. This longstanding gender apartheid and severe constraint on their rights which attack their autonomy, rights, and their daily lives have compelled Afghan women to flee and seek refuge and asylum in the neighbouring nation states including Pakistan, Iran, and India among others. However, the major drawback lies in the fact that India is one of the liberal democratic nations that did not sign and ratify the 1951 Refugee Convention or its 1967 protocol. There is also the dearth of a codified domestic law for the protection and administration of the rights and shortcomings of the refugees residing within the territory of India. The UNHCR India provides identity cards to the refugees, however, it has little to no legal value and thereby face challenges not only in gaining a legal status identity as a refugee in India, but also in availing the rights and protections. Afghan women refugees also face gender- based prejudice in accessing work opportunities, education and in the economy. However, it is seen that they strive relentlessly to fight for their rights and reconstruct their livelihood by participating in community projects, and becoming part of the various non-governmental organisations that function to help the women see a new light at the end of the tunnel.


Keywords: Taliban, Afghan women refugees, UNHCR, NGOs, India



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.

 

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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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