Migrant Kashmiri woman will not lose migrant status after marrying non-migrant: J&K HC

J

&K and Ladakh High Court observed that there will be no change in the migrant status of Kashmiri Pandit women if they marry non-migrants.

A division bench of Justice Atul Sreedharan and Justice Mohammad Yousuf Wani upheld a central administrative tribunal (CAT) order in favour of two women selected under the Prime Minister employment package. Two women, Seema Koul and Vishalni Koul, moved the high court in 2018 after their provisional selection to the post of legal assistant in the Department of Disaster Management Relief, Rehabilitation and Reconstruction under the Prime Minister package for Kashmiri migrants in December 2017 was forfeited on the ground that they had lost their migrant status by marrying non-migrant persons.

“One question of public importance that arises before this court is whether a woman who has been given a migrant status on account of the suffering endured by her and her family, which forced them to leave their home and hearth in the Kashmir Valley, could be discriminated against and would lose the said status only because she married a non-migrant? Holding this would be going against the nature of human beings,” the division bench stated in a seven-page order last month.

The order further noted that it is reasonable to presume that due to the exodus, not every migrant woman would be in a position to find a match who was also a migrant. The court emphasized that, in such a situation, to hold that a woman would lose her status as a migrant simply because she married a non-migrant out of a natural urge to form a family would be grossly discriminatory and would undermine the very concept of justice.

“This discrimination becomes even more brazen when a male migrant continues to remain a migrant notwithstanding the fact that he has married a non-migrant. Such a situation has arisen only due to the patriarchy that prevails in the human race. However, in matters relating to employment under the State/UT, such discrimination cannot be countenanced,” the court stated while dismissing a writ petition filed by the Union Territory against the May 16 CAT order.

Nearly 4,000 Kashmiri migrant pandits are working in different departments in Kashmir after their selection under the PM employment package, announced in 2008, which has two major components: one pertaining to the provision of 6,000 jobs for community youth and another focusing on providing 6,000 accommodation units for the recruited employees.

Describing the tribunal order as “just and proper,” the court said that the contention put forth by counsel for the appellant regarding non-disclosure of the respondents' marital status is of no consequence. “Undisputedly, the advertisement notice does not provide for cancellation of candidature due to non-disclosure or improper disclosure of facts/marital status. Furthermore, the appellants have not shown how material injustice has occurred to those who could not get selected otherwise due to such non-disclosure. Therefore, this argument is also rejected,” the court concluded.

✔️ Migrant Kashmiri woman will not lose migrant status after marrying non-migrant: J&K HC

📝 Post your comments

💕 Found this article helpful? Spread the word and support us!