-Abstract-

Crossing Borderlines in South Asia:
Women, Divided Identities, Uncertain Destinies

Speaker: Pamela Philipose, The Indian Express



South Asia has been the site for some of the worldfs largest population flows. The exodus triggered by the Partition of India in 1947, and the emergence of Bangladesh in 1971, are examples. India, particularly, have been the host country to refugees, not just from what is now Pakistan, but from Afghanistan, Myanmar, and Sri Lanka. It has also been the destination of vast numbers of uprooted people in the search of a better life and a sustainable livelihood. Women have been especially vulnerable in these situations of great uncertainty that are often accompanied by violence. They have been the target of sexual attacks and warring identity claims and have often proved defenceless against powerful trafficking networks.

Despite this great volatility in the region, no South Asian country is a party to the 1951 Convention relating to the Status of Refugees. Neither have any of them evolved a national law on refugees. The Government of India has always preferred to deal with the issue on the basis of humanitarian care and national interest, rather than on a regime of rights. This ad hoc approach has created innumerable problems and uncertainties for the refugees/immigrants who find themselves on Indian territory without a legal identity. There is therefore a strong argument for putting in place a rational and rights-based legal regime that addresses this complex humanitarian problem.