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 have lost their migrant status having married 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 on account of which they were forced to leave their home and hearth in the Kashmir Valley could be discriminated and would stand to lose the said status only on account of the fact that she had got married to a non-migrant?

“Holding this would be going against the nature of human beings. Respondents herein, who are ladies and on account of no fault of theirs, had to leave their place of original residence in Kashmir Valley, cannot be expected to remain unmarried only to secure a job in the Kashmir Valley as a migrant,” the division bench of the high court said in a seven-page order last month.

The order further said that It is also reasonable to presume that because of the exodus, not every migrant woman would be in a position to find a match who was a migrant.

The court said in such a situation, to hold that the woman would lose her status as a migrant only because she, out of the natural urge to form a family, had to marry a non-migrant on account of existing circumstances, would be grossly discriminatory and militates against 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 on account of 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 said, 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, having two major components, one pertaining to the provision of 6,000 jobs for the community youth and another pertaining to the provision of 6,000 accommodation units for the recruited employees.

Describing the tribunal order as “just and proper”, the court said the contention put forth by counsel for the appellant that there was non-disclosure of the fact that the respondents were married, is of no consequence.

“Undisputedly, the advertisement notice does not provide for cancellation of the candidature on account of non-disclosure or improper disclosure of facts/marital status. Further, the appellants have not been able to show how material injustice has taken place to those who could not get selected otherwise on account of such non-disclosure. Therefore, this argument is also rejected,” the court ruled.