Laksh Educational Society
IPEM Group of Institutions
IPEM Journals

IPEM Journals/Law/Vol. 9

MIGRATION-RELATED VULNERABILITIES AND LEGAL SAFEGUARDS FOR WOMEN IN JAMMU & KASHMIR

Ms. Ankita

Vol 9, Issue 1 (2025)Pages 112-123Published 2025-12-30

Abstract

Migration Jammu and Kashmir has evolved in layers of conflict brought on displacement, economic migration, seasonal labour migration and social relocation which have evolved certain implication on women. Women become more vulnerable to migration due to gender aspect of migration which includes economic marginalisation, social security, low mobility, vulnerability to informal labour markets, loss of property rights with the possibility of gender based violence. The given proposed study, titled as Migration-Related Vulnerabilities and Legal Safeguards against Women in Jammu and Kashmir, relies upon the socio-legal method of the investigation of the ways in which migration changes the rights, agency, and welfare of women in the region. To understand how migrant women live and what constitutes the structural issues that they face, the studies analyze different categories of migrant women: displaced women, labour migrants, seasonal migrants, internally displaced persons and cross regional migrants. It takes into account the adequacy of the legal safeguard, including constitutional and human rights guidelines, labour laws, and welfare rights and entitlements, and plans initiated or state-based. Legal and administrative changes had also been adopted since 2019, and are discussed just to examine how it had impact on the legal status of women, their access to justice and their socio-economic mobility. Despite the elaborate regime of the law structure, the loopholes in practice have been determined by the administrative disintegration cases, social-cultural constraints, temporal deficiency in legal literacy and underperforming institutionalization. The paper also recommends that the legislation such as the Protection of Women against Domestic Violence Act labor laws, social security, and welfare initiatives have significant protection, but fails to consider the intersectional problems of migrant women. This paper has concluded that effective legal protection of migrant women in Jammu & Kashmir should be done using gender responsive policies, be er legal literacy, delivery of welfare services to migrant women, and enhanced mechanisms of institutional support in the same. These structural gaps should be brought up as part of the means to foster gender justice and enable women to savor their rights in the rapidly evolving socio-political context.

Keywords

  • Migration
  • Women Rights
  • Jammu and Kashmir
  • Gender-Based Vulnerabilities
  • Displacement
  • Socio-legal Study
  • Legal Safeguards
  • Gender Justice

Author affiliations

  • Ms. Ankita, Research Scholar University Of Jammu Department Of Law

How to cite

Ms. Ankita, “MIGRATION-RELATED VULNERABILITIES AND LEGAL SAFEGUARDS FOR WOMEN IN JAMMU & KASHMIR “ IPEM Law Journal, vol. 9, pp. 112–123, Dec. 2025, doi:

References (18)

  1. 1.Bhan, M. (2013). Counterinsurgency, democracy, and the politics of identity in India: From warfare to welfare? Routledge.
  2. 2.Bose, S. (2003). Kashmir: Roots of conflict, paths to peace. Harvard University Press.
  3. 3.Chowdhary, N. (2017). Border residents and everyday life under cross-border shelling in Jammu & Kashmir. Economic and Political Weekly, 52(13), 45–52.
  4. 4.Chowdhary, N., & Mohanty, B. (2018). Gender, conflict, and displacement in Jammu & Kashmir. Economic and Political Weekly, 53(12), 40–48.
  5. 5.Deshingkar, P., & Akter, S. (2009). Migration and human development in India. UNDP Human Development Research Paper Series, 2009/13.
  6. 6.Government of India. (2021). Migration in India 2020–2021. Ministry of Statistics and Programme Implementation. https://www.mospi.gov.in
  7. 7.Human Rights Watch. (2019). Everyone lives in fear: Patterns of impunity in Jammu and Kashmir. https://www.hrw.org
  8. 8.International Labour Organization. (2018). Women and men in the informal economy: A statistical picture (3rd ed.). ILO.
  9. 9.Jolly, S., & Reeves, H. (2005). Gender and migration: Overview report. BRIDGE/Institute of Development Studies.
  10. 10.Kumar, V. (2021). Urban labour migration and women workers in Jammu. Journal of Labour and Development, 9(1), 55–70.
  11. 11.Mankotia, A. (2014). Conflict, suffering, and the Kashmiri women’s experience. Journal of International Women’s Studies, 15(2), 117–129.
  12. 12.Ministry of Home Affairs. (2020). Annual report 2019–2020. Government of India. https://www.mha.gov.in
  13. 13.Nazneen, S., & Mahmud, S. (2012). Gendered politics of securing livelihoods: Migrant women in South Asia. IDS Bulletin, 43(1), 65–76.
  14. 14.Rahi, J. N. (2014). Tribal migrations and identity in Jammu & Kashmir. Tribal Research Bulletin, 36(2), 15–28.
  15. 15.Sastry, N. (2016). Women in India’s informal economy: Vulnerabilities and opportunities. Indian Journal of Labour Economics, 59(3), 345–364.
  16. 16.Sharma, M. (2019). Pastoral nomadism and seasonal migration among Gujjar–Bakarwal tribes of Jammu & Kashmir. Journal of Himalayan Studies, 12(2), 112–130.
  17. 17.Singh, A. (2020). Legal transformations in Jammu & Kashmir after the abrogation of Article 370: Implications for women. Indian Journal of Public Administration, 66(4), 526–542.
  18. 18.UN Women. (2019). Gendered dimensions of migration: A global perspective. https://www.unwomen.org
MIGRATION-RELATED VULNERABILITIES AND LEGAL SAFEGUARDS FOR WOMEN IN JAMMU & KASHMIR | IPEM Journals