Laws Penalising Having More Than 2 Children Have Lost Relevance Due To India's Falling Fertility Rate : Supreme Court
The Supreme Court of India has suggested that laws disqualifying individuals with more than two children from local body elections may no longer be relevant due to the country's declining fertility rate. The bench referred the matter to a larger bench, noting that the demographic rationale for such restrictions has shifted significantly since 2003.
Why it matters
This signals a potential judicial shift in population control policies, reflecting modern demographic realities rather than outdated concerns about overpopulation.
The Supreme Court has expressed the strong opinion that laws disqualifying persons having more than two children from contesting elections to local bodies have lost their relevance in view of India's declining fertility rate, observing that the rationale underlying such restrictions has crumbled due to demographic changes.Observing so, the Court referred to a larger bench the 2003 judgment in Javed v State of Haryana, where a three-judge bench upheld the constitutional validity of the Haryana Panchayati Raj Act, 1994, which disqualified candidates with more than two living children from contesting local elections and found it not to be violating Article 14.The Court stated that such laws which impose disqualifications on people for having more than 2 children need to be revisited, especially in light of India's declining fertility rate.A bench comprising Justice PS Narasimha and Justice Alok Aradhe also set aside the disqualification incurred by former Sarpanch at the Kakoda…
Also covering this story
One other newsroom covered this event. We read that version too.
Get smarter about the news
Sign up free for a feed built around what you actually care about, Dive Deeper research on any story, and the full text of every article.
Create free accountAlready have an account? Sign in