Refugee Rights and Legal Challenges in Assam: A Socio-Legal Analysis

Abstract

The Assam refugees problem is a multifaceted interplay of the elements of migration, citizenship, human rights and legal governance. Traditional, politico-economic, and socio-economic factors have resulted in high cross-border migration of Assam and thus debates on the status of refugees, identity and national security. This paper discusses the right of refugees and the legal issues that have been encountered by the displaced people in Assam under a socio-legal lens. It analyses critically the constitutional provisions, the citizenship provisions, the provisions of the National Register of Citizens (NRC) and the judicial intervention with reference to its implication on the protection of refugees and human rights. The study examines the socio-economic status of refugees, the problem of identity and belonging, legal ambiguity and effects of state policies on marginalized groups. It also analyzes how well the current legal systems are in ensuring the right of refugees and at the same time upholding the issue of national security. The research points to the gaps in the policy implementation, the issues of administration and the necessity of the complex system of refugee protection in India. The study combines legal and social realities to add to the argument on governing the refugees, citizenship issues and human rights safeguards in Assam.