Description

Laws, Justice and Rights for Women in the Modern Era
Editor: Prof. Dr. Yogesh Kumar Gupta, Ishan Ahmad and Premananda Murmu
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-5-1, 2026

Chapter 4

Women Migrants, Refugees, and Access to Justice in India: A Critical Analysis of Legal Protection, Gendered Vulnerabilities, and Emerging Challenges

Dr. Suranya S. Kumar
Vice Principal & Associate Professor, Kocheries School of Law, Palarivattom, Kochi, Kerala

Abstract

Migration and forced displacement have emerged as some of the most pressing legal and humanitarian concerns of the twenty-first century. Women migrants and refugees constitute one of the most vulnerable populations due to the intersection of gender discrimination, economic marginalization, legal uncertainty, social exclusion, and institutional barriers. Although India has historically provided humanitarian protection to diverse refugee communities and accommodates substantial internal and cross-border migrant populations, the absence of a comprehensive refugee protection framework has created significant challenges in ensuring access to justice for displaced women. This chapter critically examines the legal, constitutional, and institutional framework governing women migrants and refugees in India through a human rights and gender justice perspective. It analyzes international legal instruments, constitutional guarantees, judicial interventions, legal aid mechanisms, and the role of civil society organizations in facilitating access to justice. The chapter further explores contemporary challenges such as gender-based violence, trafficking, climate-induced migration, and statelessness. It argues that access to justice should be understood not merely as access to courts but as access to substantive equality, legal identity, institutional protection, and social inclusion. The study concludes that India requires a comprehensive, gender-sensitive, and rights-based migration governance framework to ensure effective access to justice for women migrants and refugees and to fulfill its constitutional commitment to equality and human dignity.

Keywords

Women migrants, refugees, access to justice, human rights, gender justice, constitutional law, legal aid, migration governance.

1. INTRODUCTION

Migration and displacement have become defining features of the contemporary global order. Economic disparities, political instability, armed conflicts, environmental disasters, persecution, and violations of human rights have collectively contributed to unprecedented levels of human mobility worldwide. According to the United Nations High Commissioner for Refugees (UNHCR), more than 120 million individuals have been forcibly displaced globally, representing the highest level of displacement recorded in human history (UNHCR, 2024). Women and girls constitute nearly half of this displaced population and experience unique vulnerabilities that significantly affect their access to justice and protection.