Kashmiri Pandit women’s migrant status protected after marriage to non-migrant: High Court

The High Court of Jammu and Kashmir has declared that Kashmiri Pandit women who migrated from the Kashmir Valley in the 1990s due to security concerns will retain their “migrant” status even after marrying a non-migrant. This decision came after a petition was filed by Seema Koul and Vishalni Koul, who were selected for jobs under the migrant category but faced challenges due to their marriages to non-migrants.
The court said that revoking a woman’s migrant status based on her marriage would be discriminatory and unjust, going against the principles of justice and fairness.
Justice Atul Sreedharan and Justice Mohammad Yousuf Wani stated that expecting women to remain unmarried to preserve their migrant status is unreasonable and against human nature.
The court also highlighted the inherent gender bias in the system, noting that male migrants are not penalized for marrying non-migrants. The judges remarked that such discrimination cannot be countenanced in matters of employment under the State/UT, citing that gender discrimination is unconstitutional.
The court directed the State authorities to issue appointment orders to the petitioners within four weeks, upholding the decision of the Central Administrative Tribunal. [KNT]