INVISIBLE WITHIN BORDERS: THE LEGAL VACUUM OF REHABILITATION RIGHTS FOR INTERNALLY DISPLACED PERSONS IN INDIA
Febin P, LL.M. Student at National Law Institute University, Bhopal (India)
There is already extensive literature on internal displacement in India, yet this paper surveys all forms of forced relocation conflict, communal violence, development projects, and natural calamities to expose gaps in existing law and missing protections. It examines constitutional guarantees under Articles 14, 15, 19, and 21 alongside the Disaster Management Act 2005, the Land Acquisition, Rehabilitation and Resettlement Act 2013, and the National Policy on Resettlement and Rehabilitation 2007, demonstrating that definitions remain vague, entitlements unclear, and implementation inconsistent. Case studies from Jammu and Kashmir, Manipur, Gujarat, and Delhi, as well as large infrastructure projects displacing millions and recent crises like the Himachal Pradesh floods and the 2023 Manipur ethnic violence, reveal the state’s persistent failure to secure timely shelter, restore livelihoods, or ensure durable solutions. A review of leading judicial rulings between 2023 and 2025 on property restitution and compensation shows that courts have reaffirmed a duty to rehabilitate displaced populations but stopped short of creating enforceable rights without a dedicated law. Comparative analysis of Colombia’s land restitution law, Uganda’s reintegration policies, and the African Union’s Kampala Convention highlight comprehensive protection frameworks that India has yet to adopt, despite endorsing the UN Guiding Principles on Internal Displacement. The study concludes that scattered policies and executive orders cannot replace a unified statute. It recommends enacting a clear legal definition of internally displaced persons, establishing enforceable rights to restitution, compensation, and psychosocial support, and creating institutional mechanisms such as a national IDP registry, participatory social impact assessments, time-bound targets for durable solutions, and judicial oversight. Only a coherent, rights-based national law aligned with international standards can enable India to fulfil its constitutional and humanitarian obligations to protect its displaced citizens.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 1597–1614. |
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| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2026. All rights reserved. |