PROTECTION GAPS AND LEGAL REMEDIES: ACCESS TO JUSTICE FOR CONFLICT INDUCED INTERNALLY DISPLACED CHILDREN IN CHHATTISGARH

Abstract

Internal displacement is one of the worst human rights and humanitarian crises that the world faces today which disproportionately affects children. The major contributors to this phenomenon are conflicts, disasters, climate change, development etc. The present study examines the case of a tripartite violence between Naxalites, Salwa Judum-the state  supported vigilante group and state forces, which shook the Bastar region of Chhattisgarh in the 2000s and forced the displacement of hundreds of thousands of people within and outside the state. This paper explores the manifold vices of conflict induced internal displacement on children including their recruitment as child soldiers, loss of education, trafficking, labour exploitation, separation from family, psychological trauma etc. These are intensified by India’s lack of a uniform policy for conflict induced IDPs despite India’s obligation under various international conventions. The paper further highlights various aspects like lack of reliable data, institutional co-ordination and sustainable rehabilitation frameworks and argues that in order to ensure access to justice to displaced children, there should be collective efforts from state as well as non-state entities. The paper concludes by suggesting incorporation of GPIDs into Indian law,designation of dedicated monitoring agencies and reintegration of displaced children for effective realization of their constitutional and human rights.