| ID | 154549 |
| Title Proper | Migrant rights and extraordinary law in India |
| Other Title Information | the cases of Assam and Jammu & Kashmir |
| Language | ENG |
| Author | Encinas, Monica |
| Summary / Abstract (Note) | This paper provides a new and original perspective on the plight of migrants in India. It incorporates an in-depth and practical analysis of Indian legal policies through the lens of migrant and refugee rights. In examining the extra-legal provisions operating in two of India's borderland states—Assam and Jammu & Kashmir—I show how special legal exemptions in Indian law inherently undermine efforts to protect migrant rights. I argue that these extraordinary laws hinder pathways to justice in three distinct ways: by circumventing international principles of non-refoulement; challenging the jurisdiction of India's Supreme Court; and delegitimising migrant-friendly laws. In highlighting an often overlooked aspect of migrants’ rights issues, this paper brings the human element of India's regional border disputes and related legal mechanisms to the fore. |
| `In' analytical Note | South Asia: Journal of South Asian Studies Vol. 40, No.3; Sep 2017: p.463-480 |
| Journal Source | South Asia: Journal of South Asian Studies 2017-09 40, 3 |
| Key Words | Human Rights ; Law ; Assam ; India ; Jammu & Kashmir ; Asylum ; Migrant ; Rights ; Legal ; Statelessness ; Extraordinary Law |