INTERNATIONAL HUMAN RIGHTS LAW

PAPER
ON
PROTECTION OF THE
RIGHTS OF INTERNALLY
DISPLACED PERSONS

SUBMITTED TO-
Dr. MOMIN NOORJAHAN (ASSISTANT PROFESSOR)
SUBMITTED BY-
SHAHISTAKHAN
B.A., L.L.B(H), SEMESTER V
SEC. B
 INTRODUCTION

Around 25 million of population around the world is internally displaced within their
own country because of various factors. These factors may range from simple rivalry,
regional conflict of a country, ethnic issues, unequal distribution of natural resources
and development projects to simple persecution of people of minority groups due to
racial discrimination. Apart from these in the parts of Asia and Africa many man
made disasters and natural calamities like earthquake, eruption of volcanoes,
landslides, famine, flood have also played a big role in the displacement of the people
from their homes.1

These large group of people displaced within their own country is called internally
displaced persons(IDP). Confusion may arise between IDPs and Refugees as both the
group flee from their homes due to the fear of persecution but the refugees flee
outside the border while the IDPs remain within the country’s border.

Internally displaced persons have become one of the most vulnerable section of the
society. The internally displaced flee their homes for essentially the same reasons as
refugees and the externally displaced, and they suffer just as much, if not more. The
more than one million Kurds on the move in northern Iraq after the Gulf war are a
case in point. Other examples include some 300,000 Ethiopian returnees who were
former refugees in Somalia, but returned to Ethiopia to escape the civil war in
Somalia. Once they crossed the border into their own country, they became internally
displaced persons because there was no transport to take them back to their places of
origin. Their conditions were worse than those of Sudanese refugees in western
Ethiopia or Somali refugees in eastern Ethiopia. For these refugees had already lived
in camps in Ethiopia established by the UN High Commission for Refugees (UNHCR)
for a number of years.2

1
The Human Rights of Internally Displaced Persons. Available at
https://www.brookings.edu/on-the-record/the-human-rights-of-internally-displaced-persons-2/
2
Luke T. Lee, Legal Status of Internally Displaced Persons, Proceedings of the Annual Meeting
(American Society of International Law), Vol.86 (APRIL 1-4, 1992), pp. 630-634. Available at
http://www.jstor.org/stable/25658693
There are many other examples of such situation in many other countries. The most
troublesome thing is that unlike refugees, there is no rigid law for the protection of the
IDPs. Thus, if a persecuted individual crosses his national boundary, an elaborate
system of international law and institutions springs into action for his protection.
However, if he remains within his national boundary, he is supposed to be protected
by his own government, despite the fact that his government is often the cause of his
displacement through its human rights abuses, or may be unable to provide the
necessary assistance or protection even if it is willing to do so. The use of the crossing
of the source national boundary as a criterion for entitlement to international
assistance and protection seems a fatal flaw in the International law.
 DEFINITION OF IDP

According to United Nations Guiding Principles on Internal Displacement3,

Internationally displaced persons are
“persons or group of persons who have been forced or obliged to flee or leave their
homes or places of habitual residence in particular as a result or in order to avoid the
affects of armed conflicts, situations of generalized violence, violations of human
rights or natural or human made disasters and who have not crossed an
internationally recognized border”.4

The two defining elements of an internally displaced person are:

1. There must be Involuntary departure and
2. The individual remains within the national border.

The first element distinguishes IDPs from individuals who left their homes out of
their own will and could have otherwise safely remained where they lived.
Involuntary displacement can be interpreted as the total deprivation of the community
life, amenities, facilities, assets, access to natural resources and the hardships involved
before, during and after the process.5

The second element differentiates IDPs from refugees. Refugees, by definition, flees
from the home country to another i.e. they crosse the national border.6 In other
respects, however, both refugees and IDPs often face similar risks and deprivations.
The definition mentions some of the main causes of internal displacement, including
armed conflict, violence, violations of human rights and disasters but it is not an
exhaustive list; the phrase “in particular” means that it does not exclude the possibility
that other situations might meet the two key criteria of involuntary movement within
one’s country.

3
UN Doc. E/CN.4/ 1998/53/Add.2, February 1998, UN N.Y. The Guding Principles address the
specific needs of internally displaced persons worldwide. They identify rights and guarantees relevant
to the protection of persons from forced as during return or resettlement and reintegration.
4
Ibid, Introduction para 2.
5
Verma, Manish Kr. , Development, Displacement and Resettlement, Jaipur and New Delhi, Rawat
Publications, 2004, p.15
The IDP definition mentioned above is a descriptive definition rather than a legal
definition. It describes the factual situation of a person being uprooted within his/her
country of habitual residence. It does not confer any special legal status to a IDP in
the same way that recognition as a refugee does. IDPs remain entitled to all the rights
and guarantees as citizens and other habitual residents of a particular State.6

The words persons or groups of persons as used in the definition means internal
displacement can affect persons in particular or an entire group or tribe. Habitual
residence as mentioned in the definition is not necessarily a house but can also be land
on which groups traditionally live.

6
Handbook for the Protection of the Internally Displaced People. Available at
http://www.internal-displacement.org/assets/publications/2007/200712-idp-protection-handbook-thema
tic-en.pdf
 CAUSES OF DISPLACEMENT

(i) Armed conflict:

According to the definition in the Guiding Principles international armed conflict as
well as non-international armed conflict may be the cause of displacement.
International armed conflict means fighting between the armed forces of at least two
or more states and non-international armed conflict refers to fighting within the
territory of a state between regular armed forces and identifiable armed groups or
between armed groups fighting one another.

(ii) Situations leading to violence

All situations of internal tensions and disturbances which fall short of armed conflict,
but involve the use of force and repressive measures by government agents to
maintain or restore public order are included under this heading.. this type of situation
may arise when it involves specific type of human rights violations such as large scale
arrests, and other large scale measures restricting personal freedom, administrative
detention or probable existence of ill treatment or inhuman conditions of detention.

(iii) Violations of human rights

Violations of human rights include governmental violation of rights guaranteed by
national, regional, and international human rights laws and acts and omissions directly
attributable to the state including the failure on the part of the government to
implement legal obligations from human rights standards.

(iv) Disasters
Disasters such as draughts, floods, earthquakes, cyclones, famine, landslides, nuclear
disaster etc. are also responsible for displacement sometimes and the victims of such
displacement may suffer from discrimination or any other kind of other human rights
violation. For example, the flood victims of Bihar. Disasters can be natural or
man-made.

(v) In particular
The words ‘in particular’ gives a wide scope to the definition. It allows the
authorities to include new causes according to the circumstances which might have
caused the internal displacement. For example large scale development projects such
as building of dams without making an attempt to compensate, rehabilitate and
resettle the displaced population by the Government. The persons who move out for
economic reasons are not included in the definition. Thus, persons forced to flee from
their homes because of economic injustice and marginalization do not come within
the definition. However, it has to be noted that very often economic injustice and
marginalization leads to systematic violation of human rights and as such should
come within the purview of the definition.
 LEGAL FRAMEWORK ON IDPs

With the number of IDPs rising constantly all over the world this has became major
issue. The United Nations has taken a number of steps to protect the rights of IDPs.
 In 1990, the General Assembly appointed Resident Coordinator to provide
assistance to internally displaced persons for the protection of their rights. In the
same year the post of Emergency Relief Coordinator (ERC) was also created to
promote a more rapid and coherent response to emergency situations.
 In 1992, the United Nations created the Inter-Agency Standing Committee (IASC)
chaired by Emergency Relief Coordinator (ERC) which is composed of the heads
of the major United Nations humanitarian and development agencies to better
cope with emergency situations arising due to displacement. IASC is the principal
body for coordination and decision making, on issues of humanitarian action.7
 In 1997, Executive Committee on Humanitarian Affairs (ECHA), chaired by
ERC was created by the Secretary General of UN in 1997 consisting of the heads
of humanitarian and development agencies and the UN department on
peacekeeping and political affairs. In the following year, a new department called
Department of Humanitarian Affairs (DHA) was established to assist the ERC.
Later on it was replaced by a smaller office named as Office for the Coordination
of Humanitarian Affairs (OCHA).

In 1992, the United Nations Commission on Human Rights requested the Secretary
General to appoint a Representative on the issues of Human Rights of Internally
Displaced Person to undertake work for better understanding of problems faced by
displaced persons. The Representative with the support of the Secretary General wrote
Brookings Project on Internal Displacement in 1994, with a view to providing an
effective system at national, regional and international level for the protection of
IDPs.8

7
Participants in the IASC include International Organization for Migration (IOM), major international
NGOs, the UN Representative of the Secretary General in Human Rights of Internally Displaced
Persons, as observers the Red Cross Crescent Movement represented by the International Committee of
Red Cross (ICRC) and the International Federation of the Red Cross and Red Crescent Movement.
8
The project prepares major studies and articles on internal displacement. Organizes regional and
country meetings to disseminate the Guiding Principles on Internal Displacement. It also initiated,
organized and supervised the legal process that resulted in the development of the Guiding Principles.
The work resulted in Compilation and Analysis of Legal Norms relevant to internally
displaced persons.9 The document aimed at restating obligations within the
framework of existing norms as well as identifying areas where existing international
law does not respond adequately to the protection and assistance need of internally
displaced persons. With a team of legal experts and scholars and in consultation with
non-governmental, regional and international organizations, the Representative
presented the newly developed international standard to the United Nations in 1998,
called Guiding Principles on Internal Displacement or Deng Principles.10
The Representative has focused his work on four main areas—(i)the development of
normative framework, (ii) the development of effective institutional framework, (iii)
country mission and (iv) on going research into specific issues of concern.

(i) The development of normative framework

The representative examined the relevant international provisions for the protection
and rehabilitation of the IDPs. He discussed that though the current laws covers many
aspects of situations of internally displaced persons still there are wide gaps where the
law fails to provide sufficient protection. He recommended suggestions as to cover
those gaps with a view to ensure a more comprehensive normative framework for the
protection and assistance of the internally displaced.11 It was considered that the
guiding principles would be of great value both to the governments and to the
international bodies and would provide a international standard concerning the
specific needs of internally displaced persons.12 In addition to providing protection
and assistance to displaced population, the other purpose of developing the Guiding
Principles is to provide assistance to the concerned states, all other authorities, groups,
persons, intergovernmental and non-governmental organizations also. There are total
thirty principles in the Guiding Principles on internal displacement. These principles
cover all phases of displacement, providing protection against arbitrary displacement,

9
UN Doc. E/CN.4/1996/52/Add.2.
10
Supra 3
11
Bagshaw, Simon, “Developing the Guiding Principles on Internal Displacement”, UN Vision Project
on Global Public Policy Network, Available at www.gppi.net,
12
Ibid
protection and assistance during displacement and for safe return or resettlement and
reintegration.13
(ii) The development of effective institutional framework
There is no specific institution within the United Nations system responsible for
protection and rehabilitation of IDPs. Mostly, UN collabtates with different agencies
to look after the displaced people rather than creating any new agency for the same.
The collaborative approach draw upon the mandates and expertise of the UN’s
humanitarian and development agencies.14 These agencies focus attention on the
needs of internally displaced and coordinate better among themselves.

Various UN agencies like UNHCR, UNICEF, WFP, UNDP, OHCHR, the

inter-governmental organization IOM, the ICRC, and international NGOs all help in
protecting the rights of IDPs. Protection and shelter of IDPs as well as coordination
and management of camps is done by UNHCR. Thus the collaborative approach helps
in protecting the IDPs by sharing the responsibility among the various UN agencies.
However, absence of a particular insitution for assisting IDPs despite thier growing
numbers is a major hole in the law system.

In emergencies related to IDPs such as natural disaster the collaborative approach

may not help as sometimes agencies back tract from their promises to provide
assistance and protection because of lack of responsibility and accountability. In those
situations cluster approach could be adopted. In the cluster approach individual
agencies are designated as ‘sector leaders’ to coordinate operations in specific areas
and it operates at two levels—the global (headquarters) level and the country or field
level.15 At the global level, the approach is meant to build up capacity in key gap
areas by developing better surge capacity, ensuring consistent access to appropriately
trained technical expertise and enhanced material stockpiles, and securing the
increased engagement of all relevant humanitarian partners. At the field level, the

13
Guiding Principles on Internal Displacement. Available at
https://reliefweb.int/sites/reliefweb.int/files/resources/AB752ABEA5C1EFFCC1256C33002A8510-idp.
html
14
Forced Migration Review (FMR).”The Internal Displacement Unit-OCHA”, 57 Available at
www.frreview.org.
15
Wikipedia, “Internally Displaced Persons”, Available at www.en.wikipedia.org.
cluster approach strengthens the coordination and response capacity by mobilizing
clusters of humanitarian agencies to respond in specific sectors or areas of activity.16

The clusters can be classified as —logistics (WFP); emergency telecommunications;

camp coordination and management (UNHCR) for conflict-generated IDPs and IOM
for natural disaster-generated IDPs; emergency shelter (IFRC); health (WHO);
nutrition (UNICEF); water, sanitation and hygiene (UNICEF); early recovery
(UNDP); and protection. Now agriculture and education are also included in the
clusters.

(iii) Country mission

A Representative is appointed by the secretary of general assembly to undertakes
country visits to make bring national and global attention towards the plight of
internally displaced persons. He meets with heads of the countries and other major
players like international agencies and NGOs to access the situation there and to
provide assistance if required. The Representative also communicates internally
displaced persons themselves. The Representative report his findings and
recommendations annually to the Human Rights Council17 and bi-annually to the
General Assembly of the United Nations as to the situations in the countries where
there exist internal displacement.

(iv) Research
Country Missions are the most effective way to get policy research and information
on the IDPs. Although the major task of studying the global crisis of internal
displacement and existing legal and institutional frameworks for addressing it is
mostly complete, there remain issues on which additional research and consideration
are required. Plans are underway to carry out research in a number of other areas and
to carry out a comparative analysis of national responses to situations of internal

16
Id.
17
United Nations Commission on Human Rights (CHR) was a functional commission within the
framework of UN from 1946 until it was replaced by the United Nations Human Rights Council in
2006. CHR was a subsidiary body of the UN’s Economic and Social Council.
displacement with a view to promoting more effective policies and programmes at
national level and to guide the international response.18

Geneva Conventions and Protocols

There are various conventions and protocols for the protection of the internally
displaces persons:
 The fourth Geneva Convention, 1949 provides protection to certain civilians
qualified as ‘ protected persons’ in the situations of armed conflict, whether
international or non-international. There is no specific mention of IDPs in the
convention and mostly refugees are given preference over them. Also IDPs are
not included within the meaning of the word ‘protected persons’ but they are
entitled to some basic rights and a humane treatment in armed
conflicts.20Displacement of civilians during armed conflict is also prohibited.21

 Article 48 of the 1977 Additional Protocol I provides: “The Parties to the conflict
shall at all times distinguish between the civilian population and
combatants.”23Protocol I also elaborates on the Fourth Geneva Conventions
provision that relief actions be undertaken if a civilian population living in areas
other than occupied territories is not adequately provided with the basic supplies
essential to its survival.24

 Article 3 of 1949 Geneva Convention provides a criteria in determining whether a

situation of violence is armed conflict or just a internal disturbance or tension. A
situation is considered as armed conflict under international law only if (i) a
considerable part of of the territory comes under the control of insurgents, (ii) a
majority of people inhabiting the territory are supporting the rebels out of their
own free will, (iii) the insurgents must be capable and willing to carry out

18
The Representative submitted report to the General Assembly in accordance with the General
Assembly Res. 54/167 of 11 November 1999 and Commission on Human Rights Res. 2001/54 of 24
April 2001
20
Art. 75, Protocol I Additional to the Geneva Conventions of 12 August 1949 and Relating to the
Protection of Victims of International Armed Conflicts of 8 June 1977.
21
Art. 49, IV Geneva Convention,1949
23
https://ihl-databases.icrc.org/customary-ihl/eng/docs/v2_cha_chapter1_rule1
24
Ibid,Article 70 (1)
 international obligations imposed upon them25, (iv) civilian commotion should
reach a certain degree of intensity and duration. Conflict or violence must not
simply consist of riots or sporadic acts of short-lived violence.26

 Article 3 also ensures human treatment of both civilians and combatents without
adverse discrimination.27 The Article also calls for the basic obligation to collect
and care for the wounded and sick.28 Under the international humanitarian law
attacks are prohibited against dams, dykes and nuclear power stations if they may
result in severe civilian losses.29 Similarly attacks on objects necessary for the
survival of the civilian population such as foodstuffs, agricultural crops, livestock,
drinking water30 installations and supplies, and irrigation works are
prohibited.32Additionally starvation of civilians as a method of combat is also
prohibited.33 If forced displacement is needed to be undertaken for security or
imperative military reasons then such displacement are to be carried out after
taking all possible measures so that civilian population may receive satisfactory
conditions of shelter, hygiene, health, safety and nutrition.34Again deportation or
transfer of civilian population within or outside the occupied territory is a grave
breaches of crime under the international humanitarian law.35 Moreover,
according to Article 77 (2) Protocol I of the Geneva Conventions, the parties to
the conflict should refrain from recruiting any child who has not yet attained the
age of fifteen and should exercise caution in permitting children between the age
of fifteen and eighteen to join military forces.

Role of United Nations High Commissioner for Refugees

25
Agarwal, H.O, International Law and Human Rights, New Delhi, Central Law Publication, 2005,
p.110.
26
Clapham, Andrew, “Human rights obligations of non-state actors in conflict situations’, International
Review of the Red Cross, Vol. 88 No. 863, September 2006, p. 492.
27
The Article prohibits violence to life and person, in particular murder of all kinds, mutilation, cruel
treatment and torture; taking of hostages; outrages upon personal dignity and passing of sentences and
carrying out of executions without previous judgement pronounced by a regular court.
28
Id.
29
Art. 15, Protocol II Additional to the Geneva Conventions 1949, and Relating to the Protection of
Victims of Non-International Armed Conflicts, 1977.
30
Ibid, Article 14.
32
Id.
33
Ibid, Art. 17(1).
34
Art. 85 (4) (a), Protocol I Additional to the Geneva Conventions 1949. and Relating to th Protection
of Victims of International Armed Conflicts, 1977.
35
Art. 23, Lieber Code, April 24, 1863.
UNHCR originally is a agency established for the protection of refugees under 1951
United Nations Convention Relating to the Status of Refugees36 but for the past few
years it has taken to assisting IDPs because of their increasing numbers. The agency
expertise in this field is also a reason for them to indulge in the issues of internally
displaced people. The agency assists IDPs either on a specific request by the UN
Secretary General or with the consent of the state concerned.
IDPs were included in the mandate of the UNHCR under two conditions, first was the
approval of the general assembly and second was the availability of the funds for the
conduct of operations.37 Initially the idea of extending the mandate of UNHCR was
opposed. In the late 1960, a High Commissioner for Refugees turned down a request
for assistance to IDPs in south vietnam on the account of them being internally
displaced.

The situation changed in 1972 when the General Assembly authorised UNHCR to
provide protection to ‘refugees and displaced persons’, referring to the displaced
people in Sudan at that time.38 The mandate also covers the refugees under the OAU
Convention and Cartagena Declaration.39Internally displaced populations are
regrouped under the denomination of other population of concern in UNHCR’s
statistics28 and now UNHCR’s mandate covers not only 1951 Convention refugees,
but also refugees under the OAU Convention and Cartagena Declaration.29
In 2002 the policy for internally displaced persons was reviewed and and revised on
the account of a uncertain position of UNHCR in protection and assistance of IDPs.
The policy specifies certain conditions which has to be fulfilled for the UNHCR to
take part in the situation of the IDPs.40

In recent years, UNHCR has done a lot for the IDPs like providing camp management
and emergency shelter. It is also entrusted with the task to develop strategies and

36
UNHCR’s mandate was originally set out in the Statute of the UNHCR. The Statute was adopted by
the General Assembly on 14 December 1950 as Annex to Res. 428 (V). UNHCR’s competence is
defined in Article 6 of the Statute which stated that UNHCR’s mandate covers only those persons who
qualify under the Refugee Convention.
37
Art. 9, Statute of the Office of the United Nations High Commissioner for Refugees, 1950.
38
UN Doc. EC/50/SC/INF.2, 20 June 2000, p.2
39
Norwegian Refugee Council is an independent, humanitarian non-governmental organization which
provides assistance, protection and durable solutions to refugees internally displaced persons, and
returnees worldwide.
40
UNHCR, “UNHCR and Norwegian Refugee Council signed an agreement to improve the protection
of displaced people”, 29 May 2006, Available at www.unhcr.org
coordinating the work of other agencies and non-governmental organizations for
protection of displaced people. The two agencies cooperate in many countries,
including Colombia, Uganda and Sudan. In Liberia, for example UNHCR and NRC
work closely to carry out protection and monitoring of IDPs and refugees.41

Recently in 2011, UNHCR has come forward to address the protection concerns of
IDPs, refugees and other populations affected by the floods with the help of
Governments and other partners. In addition, UNHCR has collaborated with UNIFEM
and UNICEF to reinforce existing gender-based violence and child protection referral
mechanism.

Role of International Committee of Red Cross (ICRC)

The main objective of the ICRC is to ensure the application of International
Humanitarian Law(IHL). It mainly deals with the situations of armed conflict both
international as well as non-international and internal disturbances and tension. It is
the duty of the ICRC to help the most urgent in need without giving preference to any
particular group in situations of armed conflict. So a internally displaced person who
are already the victims are the first to get help. ICRC helps them to find their family
members lost in war, provides food, medical aid and so on. The involvement of ICRC
in such kind of situations is generally at the request of UN Secretary General or the
General Assembly or the country involved.42 The ICRC has developed a
multidisciplinary approach in order to respond to the basic needs of all civilians,
including IDPs. In addition to promoting compliance with IHL, the ICRC helps IDPs
in different phases of displacement:
(i) displacement as such;
(ii) arrival and temporary settlement:
(iii) longer term settlement in camps;
(iv) final settlement (other than in the place of origin);
(v) return to the place of origin.43

41
UNHCR, ”Working with Internally Displaced”, p. 38, Available at www.unhcr.org
42
ICRC, ”Internal displacement: the ICRC’s work in 2010”, Operational Update 12/07/2011, Available
at www.icrc.org
43
ICRC, “ICRC’s Position on Internally Displaced Persons (IDPs)”, May 2006, Available at
www.unhcr.org
 RIGHTS OF IDPs IN INDIA

Under Article 2144 of the Constitution of India, every person has a right to life and
personal liberty and if there is breach of this right he/she has a right to go to court
under Art. 22645 and 3246. IDPs being the citizen of the country are also entitled to
this right. In addition to this. Article 39 of the Constitution of India directs the state to
secure its citizens with right to an adequate means of livelihood. Besides, Article 41
of the Constitution imposes responsibility on the state to make effective provision to
secure the right to work, education and to public assistance in cases of unemployment,
old age, sickness and in other case of disabilities. So despite being no separate law for
the protection of IDPs in India, the Constitution of India and writ jurisdiction of the
Court provide some relief to the internally displaced population.

In a landmark decision popularly known as ‘pavement dwellers case’, the Supreme

Court of India expanded the meaning of right to life to include the ‘right to
livelihood’.47 In this case the Court held that any person deprived of his or her right
to an adequate livelihood or right to work can challenge the deprivation of livelihood
as violation of right to life as guaranteed by the Article 21.

The Supreme Court of India in Francis Coralie Mullin vs. the Administrator, Union
Territory of Delhi and Others48 held that right to adequate shelter is also a part of
right to life under Article 21.

44
Article reads:No person shall be deprived of his life or personal liberty except according to procedure
established by law.
45
Writ Jurisdiction of High Courts.
46
Writ Jurisdiction of the Supreme Court.
47
Olga Tellis vs. Bombay Municipal Corporation, AIR 1986.
48
AIR 1981 SC 746; 1981SCR (2) 516, 529.
In another case the Supreme Court has held that the right to life includes the right to
food, water, decent environment, education, medical care and shelter.49 The Court
further held that right to life prohibited the eviction of slum dweller families unless
alternative accommodations are provided.50
In the Maneka Gandhi’s case the Supreme Court gave a new dimension to the Article
21. The Court held that right to ‘live’ is not merely confined to physical existence but
includes within its ambit the right to live with human dignity.51

Under the existing land law i.e. Land Acquisition Act, 1894 Government can acquire
land for public purposes and specifies only cash compensation and State has no
obligation to rehabilitate the displaced population. Government’s position is that
rehabilitation is not a prime consideration when acquiring land for public purpose.
Therefore, in India Supreme Court is the only forum for individuals whose land is
acquired by the Government for public purpose. As a result rights of displaced
persons have been significantly curtailed.

Among the States in India only the State of Maharashtra has a legislative enactment
recognizing the rights of displaced people. Other States have passed only resolutions
and issued circulars regarding the need for adequate resettlement and rehabilitation of
displaced persons. In absence of legal enactment these ad-hoc decisions and measures
largely depend on strong public opinion and how well organized the affected people
are in a particular project area. As a result it produces inequality in the treatment of
project displaced persons. Thus the equality before the law and equal protection of
law in equal circumstances guaranteed as fundamental right by the Constitution of
India cannot apply.52

Article 29 of the Constitution of India guarantees the fundamental right to preserve

the cultural identity of any citizen or group of citizens from Governmental
encroachment. This is a absolute right, not subject to reasonable restrictions. So if
there is a displacement of a tribal community for the purposes of rehabilitation but is
49
Chameli Singh vs. State of U.P. AIR 1996 SC 1051.
50
Ram Prasad vs. Chairman, Bombay Port Trust, AIR 1989 SCR 1360.
51
AIR 1981 SC 746.
52
Kumar, D. Jeevan, “Rights of Internally Displaced Persons in the light of the Guiding Principles on
Internal Displacement”, Refugee Studies Centre, University of Oxford, 23 Jan. 2001, Available at
www.repository.forcedmigration.org.
detrimental to their cultural identity then they may go to the court for the violation of
the fundamental rights.53
There has been many instances of displacement within India due to various reasons
like in Gujarat and Kashmir due to religious conflict and alienation of the lands of the
tribes due to large scale constructions.

Jammu and Kashmir:

Jammu and Kashmir has the largest population which has displaced due to the
continuous conflict between the militants seeking either in-dependence or accession to
Pakistan, and Indian security forces and police. The close border to the Pakistan also
has detrimented the situation. India and Pakistan has already fought two wars over
Kashmir and now to despite the increase in security at the border there are many
violations of ceasefire by the militant groups. Since 1989, the insurgency in
Indian-administered Kashmir has claimed at least 67,000 lives while some 10,000
people are missing.54

Kashmiri Pandits, more than 90% of Hindu population has displaced due to the armed
conflict. Most of them have moved to Delhi and Jammu. According to a reportby
Human Rights watch, around 300,000 Kashmiri Hindus are displaced. Around
100,000 live in the capital New Delhi and up to 240,000 in the city of Jammu55.

Another long-lasting situation of internal displacement exists along the Line of

Control separating Indian- and Pakistani-controlled Kashmir. Since the end of the
1990s, clashes between Indian and Pakistani forces and attacks by separatist militant
groups have led to several waves of displacement from villages along the Line of
Control. The ceasefire has substantially improved the security situation and many
have been able to return to their homes. However, reports from the Akhnoor and
Poonch districts of Jammu reveal that thousands are still displaced. Among the
returnees, many had felt pressured by the authorities to leave the relief camps as water,
electricity and different relief measures had been cut without the consent of the camp
53
Id.
54
India: large numbers of IDPs are unassisted and in need of protection,3 May 2007 by internally
displacement monitoring center
55
Charu Malhotra, Internally Displaced People from Kashmir: Some Observations, Indian
Anthropologist, Vol. 37, No. 2 (July-Dec. 2007), pp. 71-80. Available at
http://www.jstor.org/stable/41920041
population and schools had been retransferred to their home villages. Despite the
severe cut in services, many people remain in the camps because they no longer have
access to their fields due to the fencing along the Line of Control or the fact that their
fields have still not been demined as promised and they therefore have no way to earn
a livelihood in their home villages. Both returnees and camp residents depend on
relief from the government which they say is largely inadequate, and ad hoc.56

Internal displacement in Gujarat

In February 2002, ethnic violence erupted in the State of Gujarat. The violence began
after a Muslim mob in the town of Godhra attacked and set fire to two carriages of a
train carrying Hindu activists. Fifty-eight people were killed, many of them women
and children. The reprisal attacks on the Muslim population displaced some 90,000
persons, mostly Muslims. Some 50,000 displaced have been sheltered in 20 camps in
Ahmedabad, and over 40,000 persons are housed in camps in other cities, often in
appalling conditions.57

The camps are closed soon after the riots and the government was not willing to take
any international assistance.Reports by Human Rights Watch and Amnesty
International conclude that both the Indian government and the state government of
Gujarat have failed to provide sufficient protection, assistance and compensation to
the displaced. Since the riots, there have been several clashes between Hindus and
Muslims, but rarely lasting more than two days.58

The National Commission for Minorities recommended after a visit to the Gujarat
camps that those displaced by the riots should receive compensation and rehabilitation.
The government has now officially agreed to provide a relief package to the victims,
which has been acknowledge by several organizations as an important step in the right
direction, but the package regrettably does not include re-lief, rehabilitation and
reparation for the internally displaced.59

56
INTERNALLY DISPLACED PERSONS IN INDIA. Available at
http://shodhganga.inflibnet.ac.in/bitstream/10603/105403/10/10_chapter%2004.pdf
54
Background information on the IDP situation in India. Available at
https://reliefweb.int/report/india/background-information-idp-situation-india
58
Id.
59
The Hindu, 25 March 2007.
The North-East: displacement in Assam, Manipur and Tripura
The seven states in the geographically isolated and economically underdeveloped
northeast is home to 200 of the 430 tribal groups in India. Influx of migrants from
neighbouring areas has led to ethnic conflicts over land and strives for political
autonomy or secession. Several political and/or armed insurgent groups have been
formed, many of which resort to "ethnic cleansing" activities in order to defend their
interests against a real or perceived ethnic enemy. Violence has broken out in the
states of Assam, Manipur, Nagaland, Tripura and Arunachal Pradesh, involving at
least eight different ethnic groups (Bodos, Nagas, Kukis, Paites, Mizos, Reangs,
Bengalis and Chakmas). The largest forced displacement movements have occurred in
the states of Assam, Manipur and Tripura.60
A cease-fire extension agreement between the National Socialist Council of
Nagaland-Isak-Muivah (NSCN-IM) and the Union Government without territorial
limits received widespread approval in Nagaland. However, the agreement was seen
to be intruding upon the territorial integrity of the neighboring States of Manipur,
Assam and Arunachal Pradesh and led to wide spread protests and large-scale
violence in those States, especially in Manipur. The Union government was forced to
review the decision of extending the cease-fire without territorial limits. Some 50,000
Nagas, fearing attacks from the protesters, have since been leaving the Imphal valley
in Manipur for remote villages in Naga-dominated districts in Manipur and in
Nagaland.61

Background information on the IDP situation in India. Available at

60

https://reliefweb.int/report/india/background-information-idp-situation-india
61
Ibid.
 CONCLUSION

The number of internally displaced people has increased considerably in the past few
years. It even has surpassed the number of refugees present worldwide. It seems like
we are growing in aspects like technology and urbanization but are failing miserably
at protecting the most important resource we have i.e. Human Resource. Countless
people are dying or starving, driven out of their habitual residence, living in relief
camps only because some of believe that a man of another religion or ethnic group is
not an equal to us. Even the government who is there to work for the welfare of the
people fails to properly rehabilitate those people whose land they take for
construction.

There is no official institution at international or national level to keep track of

violations of the human rights of the IDPs. Various UN agencies does assist in the
protection of the IDPs but a proper institution dealing with only the internally
displaced is the need of the hour.

Also, the Guiding Principles on Internally Displaced are only their to guide the states
and are not legally binding on the member parties. Geneva Convention 1949 and 1977
protocols apply to internally displaced people in a armed conflict. But they are not of
much use when there is a internal conflict as the state are reluctant to allow the
international organisations to interfere in the state affairs.

We need more national and international laws which could help in curbing the
situations of displacement. A international organization solely made to access the
situations of displacement, to prevent further such instances and to protect and
provide assistance to the internally displaced people should be established.
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