Supreme Court says two-child laws no longer fit India's reality
India's fertility rate has fallen so far that laws penalising larger families have lost their purpose, the court says, and the effects of population decline are very hard to reverse.
In brief
India's fertility rate has fallen so far that laws penalising larger families have lost their purpose, the court says, and the effects of population decline are very hard to reverse. India's Supreme Court ruled that laws disqualifying people with more than two children from elected office no longer serve their purpose…
Court questions two-child penalty laws
The Supreme Court said on November four, twenty twenty-six that laws penalising people with more than two children have lost their relevance as the fear of overpopulation has crumbled due to demographic changes.
The case that triggered the ruling
Mangala Bhimrao Ingle's election as sarpanch of Kakoda gram panchayat in Maharashtra was set aside because she had more than two children, violating Section fourteen, one, j dash one of the Maharashtra Village Panchayats Act…
Laws must adapt to changed reality
Justices P.S. Narasimha and Alok Aradhe said the continued relevance of legislation must be assessed in light of contemporary social realities rather than solely by reference to circumstances at the time of enactment.
Failure to adapt is abuse of power
The bench said adapting to change is important for achieving justice, as failure to adapt produces injustice and is, in a sense, an abuse of power.
“Adapting to change is important for achieving justice, as failure to adapt produces injustice and is, in a sense, an abuse of power.”
India's fertility rate has collapsed
India's total fertility rate has fallen from three point zero to one point nine since two thousand three, the court noted, citing a dramatic shift in demographic realities over two decades.
Population decline is hard to reverse
The bench warned that the rolling effect of a decelerating population growth is very hard to reverse, stressing the need to guard against a potentially irreversible decline in fertility.
“The rolling effect of a decelerating population growth is very hard to reverse.”
China and Japan show the dangers
The court cited China as an example and noted Japan faces high public debt and high public expenditure on health and long-term care for its ageing population after years of severe population decline.
Son preference skews reproductive choices
The bench noted that demographic studies show son preference influences reproductive decisions, including the desire to have additional children until the birth of a son, affecting women disproportionately.
Laws force an impossible choice
The court said electoral disqualification upon the birth of a third child places a person in the position of choosing between reproductive autonomy and continued participation in democratic governance.
“The imposition of electoral disqualification upon the birth of a third child places a person in the position of choosing between the exercise of their reproductive autonomy and continued participation in democratic governance.”
Earlier verdict from two thousand three
In July two thousand three, in Javed versus State of Haryana, the apex court upheld disqualification of persons with more than two living children from running or holding panchayat positions.
Case referred to larger bench
The Supreme Court referred the matter to a larger bench for reconsideration of the ratio laid down in the two thousand three verdict, signalling a potential shift in how such laws are viewed.
Ingle remains in office pending appeal
The bench said its earlier interim order permitting Mangala Bhimrao Ingle to continue in her elected position as sarpanch would continue until disposal of the appeal.
The essence
India's Supreme Court ruled that laws disqualifying people with more than two children from elected office no longer serve their purpose as fertility rates have fallen and population decline poses new risks.
