A Gendered Perspective On Migration In South Asia

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Dr. SK Bose, Professor, School of Law Manav Rachna University, Delhi NCR

Ms. Akansha Ghose, Research Scholar, University of Antwerp, Belgium

ABSTRACT

The South Asian region has experienced rapid migration within and outside its boundaries for numerous reasons. Historically, women’s migration out of economic want is observed in this region. Economic migration for such women is often fraught with gross human rights violations such as trafficking. Even when women are not migrating they are continually threatened by rights infringement, for example, the economic migration of their spouse may result in their abandonment. Hence it is imperative that the issue of migration, particularly economic migration is viewed from a gendered lens.

In this study, laws protecting women in the South Asian region will be comparatively assessed with a focus on India, Bangladesh, and Pakistan. The paper will first critically analyze the international framework for protecting women from the perils of economic migration. Later, the Constitutional safeguards for women in the context of migration in each of the countries shall be evaluated. Third, it shall be seen if the countries have enacted legislation defending women from rights transgression caused by economic migration. The comparative assessment would be done with the help of prominent case studies in the countries. Lastly, lacunae in the legislative edifice vis-a-vis rights of women against involuntary migration shall be discussed and suggestions offered.

The purpose of the paper is to find if the international, regional, and municipal norms in the South Asian region are equipped to guard vulnerable groups such as women. The results of the study can be used to suggest normative changes keeping in mind the susceptibilities of special categories.

Keywords: women, migration, poverty, trafficking, South Asia, human rights

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