ASSESSING THE VULNERABILITIES AND CHALLENGES OF MIGRANT AND REFUGEE MINORS IN INDIA: A SOCIO-LEGAL PERSPECTIVE

AUTHOR – SRIJA MUKHERJEE, STUDENT AT CHRIST ACADEMY INSTITUTE OF LAW

BEST CITATION – SRIJA MUKHERJEE, ASSESSING THE VULNERABILITIES AND CHALLENGES OF MIGRANT AND REFUGEE MINORS IN INDIA: A SOCIO-LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 969-979, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This socio-legal inquiry critically assesses the escalating legal and social vulnerabilities afflicting minor migrants and refugees within India, a nation whose status as a key host country is paradoxically undermined by its unstructured legal framework. The study’s objective is to dissect the fundamental challenges these unprotected minors face, who are largely confined to a precarious legal limbo due to the absence of specialized national refugee legislation. Employing a rigorous qualitative and doctrinal methodology, which includes a critical comparative analysis of effective international frameworks in nations like Germany, the United States, and Sweden, the research reveals that protection is fragile. The core finding is that while India’s judiciary upholds protection through international human rights principles (ICCPR and UDHR), the lack of institutional specialization renders domestic safeguards, such as the Juvenile Justice Act (2015), practically inaccessible and susceptible exclusion from essential services, confirming that the crisis stems not from the absence of rights, but from a profound failure of accountability. Ultimately, this paper concludes by stressing the imperative for India to swiftly enact a comprehensive, specialized policy, coupled with enhanced institutional coordination, to transform theoretical protection into a guaranteed practical reality for these vulnerable children.

Key words: Migrant, Refugee, Vulnerable teenagers, Deportation, Minor, Xenophobia, Unaccompanied minors, Displacement, Human trafficking, refugee camps.