VIOLENCE-INDUCED INTERNALLY DISPLACED PERSONS: THEIR RIGHTS AND THE CORRESPONDING DUTIES OF THE STATE

The problem of internal displacement of people due to instances of violence, is a major issue that is spread across the nation. Communities which have been so displaced forcefully live in dire conditions with no or inadequate access to their basic rights. The absence of any legislation or policy that specifically protects such communities only adds to their vulnerability. However, being bona fide citizens of India, persons of such communities hold the same fundamental legal rights as any other Indian citizen and the State is duty-bound to ensure their protection as well as welfare.

Giving a very brief introduction into the jural relation between rights and duties as explained by Hohfeld, this paper will introduce the concept of internal displacement and how the law regarding forceful internal displacement evolved in the international sphere. The paper would lay down the rights available to IDP communities, with special reference to IDPs displaced due to violence, under various international laws and conventions. Similarities in the Indian Constitution with the international law, the Fundamental Rights available to such communities along with the additional duty of the State towards these communities on the basis of the Directive Principles will also be discussed. It will further suggest ways forward for giving the IDP communities of the State the rights they deserve.