Difficulties and Concerns Regarding International Displacement Laws
Keywords:
- Internally Displaced Persons (IDPs), Forced Migration, African Union, Legal and Policy Frameworks, National and International LevelsAbstract
This article offers a thorough analysis of forced migration, emphasizing its intricate and ever-changing characteristics, with a particular emphasis on the difficulties encountered by internally displaced people (IDPs) in India. This statement highlights the shortcomings of current legal systems and emphasises the pressing need for specific laws to cater to the distinct requirements of internally displaced persons (IDPs). It underscores the dangers associated with a lack of responsibility and the wide powers held by the government. The paper examines the historical and philosophical dimensions of global displacement laws, highlighting the significance of international cooperation and regional organisations, such as the African Union, in complementing current institutions. The text explores the economic, social, and psychological effects of relocation and argues for comprehensive approaches to tackle the difficulties experienced by displaced individuals. This analysis explores the involvement of the United Nations in displacement, acknowledging its capacity to operate both proactively and as a supportive entity, despite challenges posed by global politics and institutional deficiencies. The thesis explores India's legal framework pertaining to human displacement, emphasizing the intricate equilibrium that courts must maintain between constitutional principles, national security considerations, and international commitments. As a conclusion, the paper advocates for a thorough approach to tackle the intricacies of displacement, with a focus on worldwide cooperation, legal frameworks, and acknowledging the distinct requirements of displaced persons within the wider discussion on immigration, asylum, and humanitarian assistance. This abstract enhances the existing discourse on forced migration by emphasizing the significance of collaborative endeavours and all-encompassing strategies at both domestic and global scales.
References
See The Concept of Internal Displacement and the Case for Internally Displaced Persons as a Category of Concern, Brookings, https://www.brookings.edu/articles/the-concept-of-internal-displacement-and-the-case-for-internally-displaced-persons-as-a-category-of-concern/ (last visited July 3, 2019).
See Unlocking Solutions for the Internally Displaced, https://www.un.org/internal-displacement-panel/sites/www.un.org.internal-displacement-panel/files/unlocking_solutions_for_idps_additional_submission_to_the_high_level_panel_final_30.09.20.pdf (last visited July 17, 2019).
State v. Montasir M. Gubara, C.C. No. 427/P/1994, India: Magistrate Courts, 3 September 1996, available at: https://www.refworld.org/cases,IND_MMM,3f4b8fe14.html.
https://indiankanoon.org/doc/1809285/
Criminal Case No.427/P/1994, Court of Additional Chief Metropolitan Magistrate, Mumbai, Decided on: 03September1996 <http://www.refworld.org/type,CASELAW,IND_MMM,IND,3f4b8fe14,0.html> accessed 25 December 2023
Case No. 443/3 of 1997, Court Metropolitan Magistrate, New Delhi, Decided on: 06 May 1998 http://www.refworld.org/type,CASELAW,IND_MMM,IND,3f4b8f702,0.html accessed 25 December 2020
H.C.P.i No. 971i ofi 2001.
(1990) DLT 517
1999iCr. L. J. 919
Ibid.
Ibid.
FIR No. 435/1993, Court of Metropolitan Magistrate, New Delhi, decided on 17 March 1994 http://www.refworld.org/type,CASELAW,IND_MMM,IND,3f4b8fa74,0.html accessed 21 December 2023.
Criminal Case No. 66/96, Court of Metropolitan Magistrate, New Delhi, decided on: 31 May 1996 http://www.refworld.org/type,CASELAW,IND_MMM,IND,3f4b8f8b4,0.html accessed 25 December 2023.
High Court of Bombay, A.D. 1458 of 1994
High Court of Delhi, 1998 (47) DRJ 74, Decided On: 21 August 1998
High Court of Madras, W. P. Nos. 6708 and 7916 of 1992
High Court of Madras, W.P. No. 12298 and 12343 of 1992, Decided on: 27 August 1992
High Court of Delhi, 226 (2016) DLT 208, Decided on: 21 December 2015
High Court of Delhi, W.P.(CRL) 465/2011, Decided on: 09 December 2011
Decided on 18 October, 2000