J&K High Court Affirms: Kashmiri Pandit Women Retain Migrant Status After Marrying Non-Migrants

J&K High Court Affirms: Kashmiri Pandit Women Retain Migrant Status After Marrying Non-Migrants

The Jammu and Kashmir High Court recently delivered a significant judgment addressing the rights of Kashmiri Pandit women regarding their migrant status. The case centered on whether Kashmiri Pandit women, registered as migrants, lose their migrant status upon marrying non-migrant individuals. The court’s decision upheld gender equality and reiterated the constitutional guarantee of non-discrimination.The plea was filed by a woman belonging to the Kashmiri Pandit community who stood to lose her migrant status if she was permitted to marry a non-migrant. The rules framed under the Jammu and Kashmir Migrant Act, 1997, confer certain rights and privileges on migrants. The issue, however, was whether women marrying out of their migrant status would be allowed to enjoy the rights and privileges. The government argues that there should be corresponding change in the migrant status of a woman who becomes a Kashmiri Pandit by virtue of change in marital status. Such an interpretation, the petitioner contends, is discriminatory and violative of basic rights under Articles 14 and 15 of the Constitution of India. The court headed by Justice Rahul Bharti questioned the legislative intent and social implications of the Migrant Act. It noted that migrant status is conferred on people on account of their displacement because of the political and communal disturbances in the region. Such status does not depend upon marital bonds or changes in a person's private life subsequently. Justice Bharti noted that penalizing women by stripping them of their status as migrants upon marriage to a non-migrant would perpetuate gender inequality. She rejected the notion of linking rights and status to a marital relationship, describing it as "a leftover of patriarchal attitudes". The judgment drew attention to the overarching principle of constitutional equality and established that a Kashmiri Pandit woman's status as a migrant is not affected by her marriage to a non-migrant. It brought home the point that displacement and the resultant tag of being a migrant arises from larger socio-political circumstances and not from personal choices like marriage. This landmark ruling has been welcomed as the best stride toward achieving gender justice and protecting the rights of a predominantly feminine displaced population. It sets a very loud tone against discriminatory behavior that strikes women.

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