Jammu & Kashmir HC: All Hindus living in Valley are not considered as Kashmiri Pandit

Akanksha Singh –

Published On: September 16, 2021, at 12:40 IST

The Jammu & Kashmir High Court has said in a recent Judgement that “ Every Hindu residing in the Kashmir Valley is not a Kashmiri Pandit and cannot get the benefits of special job schemes which are available to the members of that specific community.”

The matter was adjudicated by Justice Sanjeev Kumar. 

By rejecting a petition which demands to include some Hindu groups and Sikhs into the Prime Minister’s job package for Kashmiri Pandits the Court observed that  “The targeted group is a separately identifiable community distinct from other Hindus residing in the Valley like Rajputs, Brahmins other than Kashmiri Pandits, Scheduled Castes, Scheduled Tribes, and many others.”

It was further argued in the petition that apart from the Sikh community other Hindu groups had also suffered a lot and should have been considered for the same benefits as the non-migrant Kashmiri Pandits.

In furtherance to this the Court stated that “ It is difficult to accept the contention of the learned counsel for the petitioners who are mostly Kshatriyas, Rajput, Scheduled Caste, non-Kashmiri Brahmins (that they) should be treated as Kashmiri Pandits and admitted to the benefits of the Prime Minister’s revised package for return and rehabilitation of Kashmiri migrants.”

However, the Court said that the argument that they could be lumped together as Kashmiri Pandits was “absurd and cannot be accepted”.

The Deputy Commissioner nonetheless, refused to issue such certificates to non-Kashmiri Pandit Hindus. 

Thereafter, the aggrieved groups then filed a petition before the High Court seeking inclusion in the package, saying it cannot be limited to just a group of beneficiaries. 

Click here to read/download the Order

Also Read: Natural Disqualification from Succession under Hindu Personal Laws

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