Kashmiri Women Retain Migrant Status Post Marriage to Non-Migrants: J&K High Court
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Srinagar, Dec 1 (NationPress) The J&K and Ladakh High Court has stated that there will be no alteration in the migrant status of Kashmiri Pandit women even if they choose to marry non-migrant individuals.
A division bench comprising Justice Atul Sreedharan and Justice Mohammad Yousuf Wani upheld a previous ruling by a central administrative tribunal (CAT) favoring two women who were selected under the Prime Minister employment initiative.
In 2018, two women, Seema Koul and Vishalni Koul, approached the high court after their provisional selection for the role of legal assistant in the Department of Disaster Management Relief, Rehabilitation, and Reconstruction—part of the Prime Minister package for Kashmiri migrants—was revoked due to the claim that they had forfeited their migrant status by marrying non-migrants.
“A significant public interest question arises in this court regarding whether a woman, awarded migrant status due to the hardships faced by her and her family, should be discriminated against and lose that status simply due to marrying a non-migrant,” the court noted.
“To hold such a view would contradict basic human principles. The respondents, being women who left their original homes in the Kashmir Valley through no fault of their own, should not be compelled to remain single to secure employment as migrants in the Kashmiri territory,” stated the division bench in a seven-page ruling last month.
The court further asserted that it is reasonable to assume that, due to the ongoing exodus, not every migrant woman would be able to find a spouse who is also a migrant.
It emphasized that declaring a woman would lose her migrant status simply for wanting to marry a non-migrant, in light of prevailing circumstances, would be profoundly discriminatory and contrary to the essence of justice.
“This injustice becomes even more glaring when a male migrant retains his migrant status despite marrying a non-migrant,” it added.
“This situation is a result of the prevailing patriarchy in society. However, in employment matters under the State/UT, such discrimination is unacceptable,” the court concluded, dismissing a writ petition from the Union Territory against the May 16 CAT ruling.
Approximately 4,000 Kashmiri migrant Pandits are currently employed in various departments across Kashmir after their selection under the PM employment scheme, introduced in 2008, which includes two main components: providing 6,000 jobs for community youth and 6,000 housing units for the recruited personnel.
The court described the tribunal's ruling as “just and appropriate,” stating that the argument from the appellant's counsel regarding non-disclosure of marriage details was inconsequential.
“Clearly, the advertisement notice does not stipulate that candidature can be canceled due to non-disclosure or incorrect disclosure of marital status. Additionally, the appellants failed to demonstrate any material injustice to candidates who might have been denied selection due to such non-disclosure. Therefore, this argument is also dismissed,” concluded the court.
