Do Kashmiri pandit women lose migrant status on marrying non-migrants? J&K High Court answers

The High Court of Jammu & Kashmir & Ladakh recently ruled that a Kashmiri pandit woman who had to migrate from the Valley after 1989 due to security reasons would not lose her ‘migrant’ status just because she marries a non-migrant [UT Of J&K And Others v. Seema Koul And Anr]..Kashmiri pandits had to flee the Valley in the 1990s due to a heightened conflict in the region. In 2009, the State announced special jobs for the migrants to ensure their return and rehabilitation to Kashmir.In a matter related to the special job scheme, a Division Bench of Justices Atul Sreedharan and Mohd Yousuf Wani on November 11 considered whether a migrant woman from Kashmir would lose the status only on account of the fact that she is married to a non-migrant..Answering this “question of public importance”, the Court said,“Holding thus 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.”.Such a situation has arisen only on account of patriarchy that prevails in the human race.Jammu & Kashmir High Court.The Court further said that it would be reasonable to presume that because of the migration, not every Kashmiri woman would have been able to find a Kashmiri match. “In such a situation, to hold that the woman would lose her status as a migrant only because she, out of the natural urge of forming 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,” it added..The Court further noted that the discrimination becomes even more brazen as 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 patriarchy that prevails in the human race. However, in matters relating to employment under the State/UT, such discrimination cannot be countenanced,” it said..The Court was hearing an appeal filed by the J&K government against a Central Administrative Tribunal (CAT) order directing it to appoint two Kashmiri pandit women as Legal Assistants in the Department of Disaster Management Relief, Rehabilitation and Reconstruction.The women had been removed from the final selection list since they had married two non-migrants. In appeal, the State said that they had concealed this fact..However, the counsel representing the women argued that the status of a migrant on account of their marriage to non-migrants does not get obliterated. Upholding the CAT ruling, the High Court said that there exists no reversal of the ‘migrant’ status.“As per the said definition, a migrant was someone who was forced out of the Kashmir Valley after 1989. This factual aspect is not disputed by appellants herein. Thus, there is no cloud or doubt with regard to the migrant status that was granted to the respondents herein,” it added..The Court added that the argument of non-disclosure of marriage status is of no consequence since the advertisement notice did not provide for cancellation of candidature on this ground.“Further, the appellants [State] have not been able to show how material injustice has been taken place to those who could not get selected otherwise on account of such non-disclosure. Therefore, this argument is also rejected,” it added.Dismissing the State’s appeal, the Court directed the authorities to issue appointment orders to the two women within four weeks..Senior Additional Advocate General Monika Kohli and Advocate Bhannu Jasrotia represented the State.Senior Advocate Bimal Roy Jad with Advocates Meenakshi Salathia Kaur and Veenu Gupta represented the respondents..[Read Judgment]