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India is getting ready to roll out BPaL (bedaquiline, pretomanid, and linezolid) regimen for all multi/extensively drug-resistant tuberculosis patients.

• This is a significant move in the country’s battle against with the new regime indicating good results in countries including Pakistan, South Africa, Ukraine, etc.
• The continuing spread of drug-resistant tuberculosis (TB) is one of the most urgent and difficult challenges facing global TB control.

What is BPaL?

• BPaL is a new all-oral combination of drugs consisting of Bedaquiline (B), Pretomanid (Pa) and Linezolid (L). 
• The new regimen is also expected to be more cost-effective, reducing treatment costs significantly.

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Significance

• Cost Effective: “After the availability of generic bedaquiline cost to TB programmes has fallen – (BPaLM price is US$426 (US$130 bedaquiline, US$238 pretomanid, US$31 linezolid and US$27 moxifloxacin). 
• Enhance Treatment Outcomes: The regimen shortens treatment duration from 18-24 months to about six months and simplifies the process to three daily tablets, compared to the previous regimen of 14 drugs.
• Increase Adherences treatment:  A shorter regimen, such as BPaL, which is all oral and requires lesser doses per day, will make it easier for a patient to adhere to and complete treatments,

Impact on Treatment

• Currently, India’s success rate for MDR/RR-TB is 56%, and 48% for XDR-TB. 
• The BPaL regimen, endorsed by the WHO, aims to improve these rates by offering a shorter, less toxic treatment.
•  According to a recent study, the BPaL/BPaLM regimens have been proven to be more effective, affordable, and less burdensome for patients.

Elimination Strategy

Although patients harbouring MDR and XDR strains present a formidable challenge for treatment, cure is often possible with early identification of resistance and use of a properly designed regimen. 

• Scaling up NAAT (diagnosis) coverage will be an essential element of the strategy.
• Community-based programs can improve treatment outcomes by allowing patients to be treated in their homes and addressing socioeconomic barriers to adherence.

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Recently, a notice was submitted to initiate privilege proceedings in the Rajya Sabha against the Union Education Minister for allegedly “misleading” the house on the issue of ‘dropping’ the Preamble to the Constitution from certain NCERT textbooks.

• Privilege Motion: A privilege motion is a formal notice submitted by a Member of Parliament (MP) or a Member of the Legislative Assembly (MLA) alleging a breach of parliamentary privileges. 
  • This occurs when a member’s rights and immunities, which are essential for the effective discharge of their duties, are disregarded. 
  • Such instances are considered offences known as ‘breach of privilege,‘ and are punishable under the laws of Parliament.
• Who Can Move a Privilege Motion?
  • Any Member: Both MPs in Lok Sabha and MLAs in State Assemblies can move a privilege motion.
• Procedure:
  • The motion must involve a recent incident that the member considers a breach of privilege.
  • Notices must be submitted before 10 am to the Speaker or Chairperson of the House.
  • The member must seek consent from the Speaker (Lok Sabha) or Chairperson (Rajya Sabha) to raise the issue.
• Role of the Lok Sabha Speaker and Rajya Sabha Chairperson
• Initial Scrutiny: The Speaker and Chairperson are responsible for the first level of scrutiny of a privilege motion.
  • They may either decide on the motion themselves or refer it to the Privileges Committee.
• Consent and Explanation: Upon giving consent under Rule 222, the concerned member is allowed to explain their case.

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Privileges Committee

• Composition: The Lok Sabha committee has 15 members, while the Rajya Sabha committee has 10 members.
• In the Rajya Sabha, the deputy chairperson heads the committee of privileges
• Function: The committee investigates the breach of privilege and submits a report to the House for consideration.

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Recently,  the Union Cabinet approved PMAY-U 2.0 .

Objective PMAY- U2.0

• The scheme aims to provide financial assistance to one crore urban poor and middle-class families for constructing, purchasing, or renting houses at affordable costs.

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About  PMAY-U2.0

• PMAY-U refers to  Pradhan Mantri Awas Yojana (Urban)
• Nodal Agency: Ministry of Housing and Urban Affairs
• It is a major initiative by the Union government to provide all-weather pucca houses to eligible beneficiaries in urban areas.
• Achievements: 1.18 crore houses have been sanctioned under PMAY-U, with over 85.5 lakh houses already constructed and delivered.
• Eligibility Criteria
  • Target Segments: Families belonging to EWS, LIG, and Middle Income Group segments with no ‘pucca’ house anywhere in the country are eligible.
  • Coverage Area: The scheme covers all statutory towns as per Census 2011 and subsequently notified towns, including Notified Planning Areas, and regions under various Urban Development Authorities.
• Financial Assistance and Investment
  • Assistance to Urban Poor: Financial assistance will be provided to urban poor through States and Union Territories over the next five years.
  • Subsidy and Investment: The scheme includes a government subsidy of ₹2.30 lakh crore, contributing to a total investment of ₹10 lakh crore.

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Credit Risk Guarantee Fund

• Fund Increase: The Credit Risk Guarantee Fund Trust’s corpus has been increased from ₹1,000 crore to ₹3,000 crore.
• Objective: By enhancing the Credit Risk Guarantee Fund, the government aims to boost affordable housing initiatives under PMAY-U. 
  • This will likely increase homeownership rates among low-income segments of the population.
• Beneficiaries: The fund will benefit the Economically Weaker Section (EWS) and Low Income Group (LIG) segments by providing credit risk guarantees on affordable housing loans.
• Fund Management Transfer: Management of the Credit Risk Guarantee Fund will be transferred from the National Housing Bank to the National Credit Guarantee Company.

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A National Mission to provide financial incentives to promote carbon capture, utilization and storage (CCUS) technologies aiming to achieve the net-zero goals is in consideration by the Union Government.

• The decision was  announced on the sidelines of the 32nd annual general meeting of the American Chamber of Commerce in India (AMCHAM India) in New Delhi 
• Responsible Ministry: The Union power ministry, NITI Aayog and the office of the principal scientific adviser to the Prime Minister’s Office (PMO) will form the core working group for the mission.

Features of the Mission

• Financial Mechanisms Proposed: The CCUS mission is proposed to include viability gap funding (VGF), carbon pricing and taxing mechanism, carbon trading and subsidies in terms of PLI to reduce the carbon footprint.
  • The need for government support in the form of tax credits may be assessed on a case-by-case basis.
• Engagement: The government along with industry and academia will create a roadmap for developing an India-specific ecosystem and India specific CCUS technologies.
• Deployment: The mission would support the setting up of pilot plants that can capture 500 tonnes of CO2 per day.

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Carbon Capture, Utilization and Storage (CCUS)

• About: CCUS involves 3 components ie. 
  • Carbon Capture: CO2 is captured from large point sources like power generation or industrial facilities that use either fossil fuels or biomass as fuel.
    • Carbon Capture alone accounts for about 75% of the net CCUS cost.
  • Utilisation: The captured carbon can be used on site or can be compressed and transported by pipeline, ship, rail or truck to be used in a range of applications off site
  • Storage: C02 can also be stored for future use by injecting it into deep geological formations such as depleted oil and gas reservoirs or saline aquifers.
• Role of CCUS in Clean Energy Transitions: 
  • Easy Deployment: CCUS can be retrofitted to existing power and industrial plants, allowing for their continued operation.
  • Emission Reduction in Very Polluting Industries: It can tackle emissions in hard-to-abate sectors, particularly heavy industries like cement, steel or chemicals. 
  • Decarbonisation: CCUS is an enabler of least-cost low-carbon hydrogen production, and offers the only known technology for decarbonising the hard-to-electrify and CO2-intensive sectors such as steel, cement, oil & gas, petrochemicals & chemicals, and fertilizers. 
  • Balancing CO2 concentration: Finally, CCUS can remove CO2 from the air to balance emissions that are unavoidable or technically difficult to abate.
• Technologies: 
  • Bioenergy with Carbon Capture and Storage (BECCS): It  involves capturing and permanently storing CO2 from processes where biomass is converted into fuels or directly burned to generate energy. Because plants absorb CO2 as they grow, this is a way of removing CO2 from the atmosphere.
  • Direct Air Capture (DAC): It extracts CO2 directly from the atmosphere at any location, unlike carbon capture which is generally carried out at the point of emissions. The CO2 can be permanently stored in deep geological formations or used for a variety of applications.
  • Carbon Capture and Utilisation: It refers to a range of applications through which CO2 is captured and used either directly or indirectly (i.e. transformed) in various products.
    • CO2 is primarily used in the fertiliser industry and for enhanced oil recovery. New uses such as producing CO2-based synthetic fuels, chemicals and building aggregates are gaining momentum.
• Global Market Size: As of 2022, the global CCUS market size was $2.49 billion, and an annual growth rate of 13.3% is expected during 2022-2030.
  • The CO2 capture capacity of about 361 million tonnes per annum (mtpa) is under development globally. 
  • Over 500 CCUS projects are in various stages of development across the CCUS value chain as per The International Energy Agency (IEA) with building momentum in recent years.
• Regional Potential: Region-wise CO2 storage potential in India during 2030-2050 would stand at,
  • Western Regions: 388.9 gigatonnes 
  • Southern Regions: 80.58GT
  • Eastern  Regions: 76.3GT
  • North-Eastern Regions: 47.2GT
  • Northern Regions: 7.65GT

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A Study titled, ‘Highest ocean heat in four centuries places Great Barrier Reef in danger’ was recently published. 

• Published in: It was published in the Journal Nature.
• Scientists at the Australian Institute of Marine Science have termed the ongoing mass bleaching event as the most widespread and extreme so far. 
• • The Ocean Temperatures SST at the reef are hottest in the past 407 years.

Key Findings of the Study

• The study finds that all the mass coral bleaching events recorded between 2016 and 2024 were driven by High Sea Surface Temperatures The Great Barrier Reef has experienced five mass bleaching events in the last decade alone. 
• Anthropogenic factor: Climate model analysis confirms that human influence on the climate system is responsible for the rapid warming in recent decades
• Highest Recorded Temperatures: The SST recorded was 1.73 degrees Celsius above mean temperature in the ongoing mass coral bleaching event recorded between January-March 2024.. 
  • Past instance:
    • 2016: The mean temperature was 1.5 degrees Celsius above the pre-1900s
    • 2017: The temperatures were 1.54 degrees higher. 
    • 2020: The recordings were at 1.53 degrees higher

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• Samples Analysis: The scientists drilled the centuries-old corals from 22 locations and used stress bands in their skeletal structure to find evidence of mass coral bleaching during the pre-1980s and during the 1877-78 El Niño. 
  • The stress bands suggest that the coral bleaching did not occur during the 1800s and even most of the 1900s. 
• Climate Modeling: The scientists reconstructed the record of temperatures starting from 1618 and compared them with the modern recordings of the ocean temperatures.  
  • The first modern evidence of the mass coral bleaching at the reef was observed in the 1980s, but the events were not widespread and less severe in nature
  • The analysis suggests that as the oceans started to warm around the 19th century the bleaching event started to become more damaging for the reef. .
• Assured Destruction: It was concluded that even with the global warming limited to 1.5 degrees Celsius in accordance with the Paris Agreement 70-90 per cent of the corals on the reef existing today can be lost.
  • Global warming above 2 °C would have disastrous consequences for coral ecosystems..
• Changes in the Reef Ecosystem: With the business as usual approach, corals of the future will possess a different community structure with far less diverse coral species  leading to a simplification of the reef ecosystem and immeasurable negative impact on the diversity of marine life.
• Adaptation Strategy: There are limitations in the only practical conservation solutions for the reef ie. coral adaptation and acclimatisation strategies, with the model projections showing that the rates of adaptation are not matching the pace of global warming 
  • Thermal Stress Level:  Different coral species have different thermal stress thresholds like The Acropora species are known to be quite sensitive to thermal stress, but species of the genus Porites are more resistant.

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After the Teesta-III Hydroelectric dam collapsed in October 2023, the Central Water Commission (CWC) decided to review the flood management plans of all dams that could be affected by GLOFs (Glacial Lake Outburst Floods).

Objective 

• The review aims to ensure these dams can handle extreme flood situations, including both Probable Maximum Floods and GLOFs.
  • From now on, GOLF Studies has been made mandatory for all new dams planned having Glacial Lakes in their catchments.

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The Central Water Commission (CWC)

• The CWC monitors 902 glacial lakes and water bodies every year from June to October, including large lakes over 50 hectares and smaller ones between 10 to 50 hectares.
  • This monitoring helps track changes in these lakes and identify any that might pose a disaster risk

What are Glacial Lake Outburst Floods?

• A Glacial Lake Outburst Flood (GLOF) is a severe flood event that occurs when the natural or artificial dam holding a glacial lake breaks.
• It releases a significant volume of water downstream.

Main Features of Glacial Lake Outburst Floods

• Sudden Water Releases : GLOFs involve abrupt and occasionally cyclical discharges of water.
• Rapid Duration : These floods typically occur quickly, lasting from hours to a few days.
• River Discharges: GLOFs lead to significant increases in downstream river flows, often multiplying by an order of magnitude.

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Causes of Glacial Lake Outburst Floods

• Trigger Factors:  rapid glacier melting, heavy rainfall, inflow of meltwater, changes in glacier volume, lake water levels, or earthquakes.
• Climate Change Impact: Glacier retreat in the Hindu Kush Himalayas due to climate change is leading to the formation of new glacial lakes, increasing GLOF risk.

Impacts of Glacial Lake Outburst Floods (GLOFs)

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Though the accuracy of DNA evidence may be increasing with the advancement of science with every passing day, thereby making it more and more reliable, scientists have not yet reached a juncture where it may be said to be infallible. 

• Thus, it cannot be said that the absence of DNA evidence would lead to an adverse inference against a party, especially in the presence of other cogent and reliable evidence on record in favour of such a party.

About DNA

DNA is deoxyribonucleic acid, and it is genetic material present in the nuclei of cells in living organisms. 

• Presence: An average human body is composed of about 100 trillion cells. DNA is present in the nucleus of a cell as a double helix, supercoiled to form chromosomes along with intercalated proteins. 
• Genetic Structure: All information about internal organisation, physical characteristics, and physiological functions of the body is encoded in DNA molecules in a language (sequence) of alphabets of four nucleotides or bases: Adenine (A), Guanine (G), Thymine (T), and Cytosine (C), along with the sugar phosphate backbone.
• Chromosomes: Twenty-three pairs of chromosomes are present in each nucleated cell, and an individual inherits 23 chromosomes from the mother and 23 from the father transmitted through the ova and sperm, respectively. 
  • Chromosomes are threadlike structures made of protein and a single molecule of DNA that serve to carry the genomic information from cell to cell. 
• Source of Biological Material: Since the same DNA sequence is present in every cell of the body (apart from mature red blood cells) therefore, DNA can be sourced from any biological material. 
  • This includes saliva, semen, vaginal fluids, blood, body tissues, teeth, hair, and bones. 
  • DNA may be left behind on objects during physical contact, which is commonly referred to as touch DNA or trace DNA. 
  • The quantity of DNA contained in biological material varies. 
    • Blood and saliva are richer sources of DNA as compared to teeth and hair roots, which are DNA deficient. 
    • Touch DNA contains very low amounts of DNA and is not an ideal source for DNA profiling. 
  • The method for the collection, packaging, storage, and transportation of a DNA sample differs based on the source of the biological material and the conditions in which it is found. 

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Reliability of DNA in Criminology

DNA analysis is based on probability and, in that sense, cannot be considered conclusive evidence. DNA in all human beings is 99.9% identical. In forensic DNA profiling, a few locations in the remaining 0.1% of DNA are chosen to create a person’s DNA profile. 

• Loci: Theses are the specific locations at which the DNA. These loci have repetitive sequences of DNA called Short Tandem Repeats, or STRs. While every individual has the same sequence, or STR, on a locus, the number of times that it repeats itself may vary across individuals. 
• Alleles: The variation in the number of repetitions is referred to as alleles. 
  • At a given locus, an individual has two alleles, one inherited from the father and the other from the mother. STRs present on the Y chromosome are used in sexual assault cases or to determine paternal lineage.
• Need to Ensure: One way to ensure at least the right samples are tested is to videograph the entire process, following in Tamil Nadu due to a directive by Justice P.N. Prakash. He said that convictions cannot be made only on the strength of a DNA analysis, without other corroborating evidence.
• In Pattu Rajan v. State of T.N. 2019, judges considered the value to be attached to a DNA report: “Like all other opinion evidence, the probative value accorded to DNA evidence also varies from case to case, depending on facts and circumstances and the weight accorded to other evidence on record, whether contrary or corroborative. 

About DNA Profiling

DNA profiling is the process where a specific DNA pattern, called a profile, is obtained from a person or sample of bodily tissue. 

• Refers: DNA profiling, also known as DNA fingerprinting, is a  scientific technique employed to identify individuals based on their unique genetic makeup.
• Background: The genesis of DNA profiling can be traced back to the mid-1980s, British geneticist Alec Jeffreys discovered that certain regions of DNA contained patterns that were unique to each individual. 
  • His breakthrough led to the first-ever application of DNA profiling in a criminal case in 1986, marking the dawn of a new era in forensic science.
• Focus On: It involves analysing specific areas of the human genome, where variations between individuals are likely to exist. 
  • This enables an unparalleled level of discrimination, being able to distinguish between two individuals except for identical twins who share the same genetic blueprint.

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DNA Profiling Techniques

Various techniques have been developed over the years to unlock the power of DNA for identification and analysis:

• Restriction Fragment Length Polymorphism (RFLP): RFLP was the first method developed for DNA profiling. This process involves extracting DNA, cutting it into fragments using restriction enzymes, and then separating these fragments according to size using a process called electrophoresis.
• Polymerase Chain Reaction (PCR): PCR is a technique used to amplify specific regions of DNA, making it easier to analyse. It has proved indispensable in cases where only a small amount of DNA is available.
• Short Tandem Repeats (STR) Analysis: STR analysis focuses on specific regions of DNA that contain short sequence repetitions. The number of these repeats varies between individuals, making it a useful tool for profiling.
• Single Nucleotide Polymorphism (SNP) Analysis: SNPs are variations at a single base pair in the DNA sequence. With millions of SNPs spread across the human genome, their analysis can provide a detailed DNA profile.

Applications of DNA Profiling

Following are the various applications of DNA Profiling:

• Criminal Investigation and Forensics: DNA profiling plays a critical role in the field of forensic science. It is employed to link suspects to crime scenes.
• Paternity Testing and Genealogy: DNA profiling offers a reliable method for establishing biological relationships in paternity disputes and in exploring ancestral lines in genealogical research.
• Personalised Medicine and Genetics: The use of DNA profiling in medicine is increasing. It helps in understanding a patient’s predisposition to certain diseases and providing treatments according to their genetic makeup, leading to more effective and personalised healthcare.
• Wildlife and Conservation Genetics: In wildlife and conservation, DNA profiling helps track animal migration, monitor genetic diversity, and manage breeding of endangered species.

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Ethical, Legal, and Social Implications

Human DNA profiling is a powerful tool with vast applications in various fields. As it continues to evolve, it holds the promise of breakthroughs that could transform our understanding of human genetics and redefine personalised medicine. The integration of AI and machine learning techniques may revolutionise this field, making profiling faster, cheaper, and more precise.

• Privacy Concerns and Consent: The proliferation of DNA profiling has raised significant privacy and consent issues. The potential misuse of genetic data can lead to discrimination and breaches of privacy.
• Potential for Misuse: Inappropriate use of DNA profiling could result in genetic determinism and stigmatisation. It could also be exploited for purposes of surveillance and control.
• Ethical Dilemmas: The growth of direct-to-consumer genetic testing has triggered debates around the ethical implications of individuals having access to their genetic information, with concerns about psychological impact and potential for misunderstanding results.

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According to the United Nations High Commissioner for Refugees (UNHCR), by the end of 2023, 11.73 crore people, worldwide, had been forcibly displaced due to persecution, conflict, violence, human rights violations or events seriously disturbing public order. Among them, 3.76 crore were refugees.

• Given the ongoing conflicts, such as the Israel-Hamas war, the Ukraine-Russia war, and new threats to Rohingyas in Myanmar, the number of refugees is likely to increase significantly.
• The gendered nature of displacement highlights how refugees face unique challenges based on their gender. Effective humanitarian responses must address these gender-specific needs to ensure equitable support for all refugees.

Refugee

• About: The 1951 Refugee Convention defines a refugee as a person who “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of their nationality and is unable or, owing to such fear, is unwilling to avail themself of the protection of that country.” 
• Global Displacement: By the end of 2023, 117.3 million people worldwide had been forcibly displaced due to persecution, conflict, violence, human rights violations, or severe public disorder.
  • As per the data of the United Nations High Commissioner for Refugees (UNHCR), the UN Refugee Agency: Globally, there are 43.4 million refugees. 
  • An estimated 40 per cent of the world’s refugees are children.
  • The UNHCR protects 31.6 million refugees and 5.8 million others in need of international protection.
  • The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) supports 6 million Palestine refugees.
• Determining Refugee Status: Refugee status is determined through a process called refugee status determination, typically conducted by host countries or UNHCR. 
  • In cases of mass displacement, individuals fleeing may receive automatic refugee status on a ‘prima facie’ basis without individual examination.
• Ongoing Conflicts: The escalation of the Israel-Hamas war, the ongoing Ukraine-Russia war, and renewed threats to Rohingyas in Myanmar are expected to significantly increase the number of refugees globally.

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Gendered Nature of Displacement

• Acknowledgment of Gendered Displacement: The United Nations Population Fund recognizes that “the face of displacement is female.”
• Gendered Nature of Displacement: The gendered nature of displacement means that women and girls often face specific vulnerabilities and barriers affecting their access to services, safety, and well-being in ways that differ from men and boys. 
• Disruption of Lives and Resources: During displacement, families are frequently separated, assets and livelihoods are lost or disrupted, and challenges such as language barriers, legal constraints, and discrimination may arise. 
• Gender-Specific Impacts and Opportunities:These impacts and barriers, as well as opportunities for support, vary significantly between genders.
• Differential Impact: Displacement affects men, women, disabled people, non-binary individuals etc in distinct ways. 
  • Women and Girls: They often face increased risks of gender-based violence, including sexual violence, exploitation, forced prostitution etc. They also bear disproportionate responsibilities for caregiving and family care.
  • Women are often solely responsible for children, are usually the last to flee, and carry gendered caregiving responsibilities for both the elderly and the young.
  • They frequently bear the primary responsibility for the family’s sustenance.
  • Limited access to community networks and reduced safety contribute to their increased vulnerability.
    • Gender-based violence can include sexual, physical, mental and economic harm inflicted in public or in private. 
    • It also includes threats of violence, coercion and manipulation. 
    • This can take many forms such as intimate partner violence, sexual violence, child marriage, female genital mutilation and so-called ‘honour crimes’.
  • Men and Boys: Men often bear different socioeconomic responsibilities and pressures, such as providing for their families or navigating labour markets in host countries.
    • They might face different challenges, such as being at higher risk of violence or recruitment into armed groups.
  • People with Disabilities: The UN Convention on the Rights of Persons with Disabilities (UNCRPD) recognizes ‘psychosocial disability’ as long-term mental or intellectual impairments that hinder full societal participation and guarantees rights to affected individuals.

India and Refugees

• India’s Refugee History: India has hosted over 200,000 refugees from diverse groups since its independence, earning a reputation as a ‘refugee-receiving’ nation.
• Current Refugee Demographics: As of January 31, 2022, 46,000 refugees and asylum-seekers were registered with UNHCR India.
• Gender Distribution: Women and girls make up 46% of the refugee population in India, representing a disproportionately burdened and vulnerable group.
• Status of Refugees in India: Since its independence, India has hosted several groups of refugees from neighbouring countries. This includes: Partition refugees from Pakistan in 1947, Tibetan refugees who arrived in 1959, and Chakma and Hajong refugees from Bangladesh in the early 1960s.
  • Additionally, India welcomed more Bangladeshi refugees in 1965 and 1971, Sri Lankan Tamil refugees from the 1980s, and most recently, Rohingya refugees from Myanmar in 2022.

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India and Refugee Policy

• Lack of Specific Legislation: India does not have specific legislation to address refugee issues despite the increasing inflow of refugees.
• Non-Party to Key Conventions: India is not a signatory to the 1951 Refugee Convention and its 1967 Protocol, which are crucial legal documents for refugee protection.
• Historical Record of Protection: India has a notable history of refugee protection, guided by a moral tradition of assimilating foreign people and cultures.
• Limitations of Existing Laws: The Foreigners Act, 1946, does not address the unique challenges faced by refugees and grants extensive power to the Central government to deport foreign citizens.
• Constitutional Protections: The Indian Constitution upholds the rights to life, liberty, and dignity for all individuals. 
  • The Supreme Court of India has affirmed that foreign citizens are entitled to fundamental rights such as equality and the right to life (National Human Rights Commission vs. State of Arunachal Pradesh, 1996).
• Principle of Non-Refoulement: Article 21 of the Indian Constitution supports the principle of non-refoulement, which prohibits forcing individuals fleeing persecution to return to their country of origin.
  • Principle of Non-Refoulement : This is a  fundamental principle in international refugee law that prohibits the return of individuals to a country where they face serious threats to their life or freedom.
  • Embedded in the 1951 Refugee Convention and its 1967 Protocol.

India Legislative Framework to Handle Refugees

• Fundamental Duty: Protection of women and child refugees from violence and harassment by authorities or local residents is in consonance with Fundamental Duty enshrined in our Constitution.
• Foreigners Act of 1946: Empowers the Central government to detect, detain, and deport illegal foreign nationals.
• Passport (Entry into India) Act, 1920: Allows authorities to remove illegal foreigners by force, as per Article 258(1) of the Constitution.
• Registration of Foreigners Act of 1939: Mandates that foreign nationals (excluding overseas citizens of India) on long-term visas (over 180 days) must register with a Registration Officer within 14 days of arrival.
• Citizenship Act, 1955: Provides provisions for renunciation, termination, and deprivation of citizenship.
• Citizenship Amendment Act, 2019 (CAA): Aims to provide citizenship to Hindu, Christian, Jain, Parsi, Sikh, and Buddhist immigrants persecuted in Bangladesh, Pakistan, and Afghanistan.

India and Refugees with Disabilities

• UNCRPD and Rights for Psychosocial Disabilities:
  • It acknowledges that women and girls with disabilities face multiple discrimination and mandates measures to ensure their full enjoyment of all human rights and freedoms (Article 6).
• India’s Legislative Framework:
  • India ratified the UNCRPD and enacted the Rights of Persons with Disabilities Act, 2016 (RPWDA), which provides rights to persons with disabilities, including those with ‘mental illness’.
  • The RPWDA guarantees various rights, including healthcare access (Section 25), and mandates equal enjoyment of rights for women with disabilities (Section 4).
• Challenges for Refugee Women with Psychosocial Disabilities:
  • Refugee women with psychosocial disabilities are excluded from the benefits of the RPWDA due to their non-citizen status, legal and administrative oversight, social stigma, and financial constraints.
• Supreme Court and Access to Health:
  • The Supreme Court of India affirms refugees’ right to life under Article 21, including the right to health. However, refugees’ access to healthcare is largely limited to government hospitals and excludes them from most public health and nutrition programs.
• Gap in Rights Implementation:
  • Without explicit guarantees extending the RPWDA’s protections to refugees or aligning with UNCRPD mandates, refugee women with psychosocial disabilities face unmet rights to health and support. 
  • This situation not only contradicts Supreme Court directives but also undermines the UNCRPD’s effectiveness.

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Overall Challenges and Barriers to Mental Health Support for Displaced Women

• Gender Blindness in Development Policies and Programs: The development policies and programs are often designed without taking these gendered factors and differences into account, and also often fail to monitor how outcomes and impacts vary between men and women, girls and boys.
• Increased Psychological Vulnerability: Exposure to physical and sexual violations makes displaced women highly susceptible to psychological conditions such as PTSD, anxiety, and depression.
• Higher Rates of Mental Health Issues: Displaced women are twice as likely to experience PTSD and over four times as likely to suffer from depression compared to men. A study in Darfur found that 72% of displaced women faced PTSD and general distress.
• Epistemic Injustice and Stigma: Social and gender inequalities, especially in patriarchal societies, lead to the dismissal of displaced women’s experiences, resulting in their conditions often going unnoticed and them being stigmatised and isolated.
• Limited Access to Support and Services: Due to limited financial resources, refugee families often prioritise physical health over mental health, and men’s health over women’s. Mental health services are less accessible to refugee women due to stigma, shame, communication barriers, and limited mental health literacy.
• Challenges in Host Societies: In traditionally patriarchal societies like India, refugee women face isolation and lack a platform for voicing their concerns. Available mental health services are often limited, with long wait times in government hospitals or support from unregulated NGOs, usually sought only after severe issues have escalated.

Solutions for Addressing Structural Gaps in Refugee Protection and Integration in India

• Need for Codified Legal Framework: Given the significant refugee population in India, establishing a uniform, codified framework is essential for implementing international commitments and aligning with the 2030 Agenda for Sustainable Development.
• Integration of Refugees with Disabilities: It is crucial to integrate refugees with disabilities into policies and programs in an accessible manner to ensure their rights and needs are addressed.
• Importance of Data Collection: Effective policy-making requires the collection of disaggregated data on refugees’ health conditions and the implementation of systematic identification and registration processes.

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