Supreme Court Questions Two-Child Norm Relevance

SUPREME COURT QUESTIONS RELEVANCE OF TWO-CHILD NORMS

WHY IN THE NEWS ?

The Supreme Court observed that laws penalising individuals for having more than two children have lost relevance due to India’s declining fertility rate. It called for reconsideration of its 2003 judgment upholding such laws and highlighted reproductive autonomy and demographic transition.

SUPREME COURT QUESTIONS RELEVANCE OF TWO-CHILD NORMS

SUPREME COURT’S OBSERVATIONS ON TWO-CHILD NORMS:

  • Key Observation: A Bench led by Justice P.S. Narasimha stated that laws penalising families for having more than two children have lost their relevance because India’s demographic conditions have changed.
  • Fertility Decline: India’s Total Fertility Rate (TFR) has declined from 3.02 to 1.9, falling below the replacement fertility level of 2.1.
  • Replacement Threshold: A TFR of 2.1 is generally considered sufficient for one generation to replace itself, assuming no migration.
  • Judicial Reconsideration: The Court observed that the 2003 Supreme Court judgment in Javed v. State of Haryana requires reconsideration by a larger Bench.
  • Changing Demographics: Falling fertility may gradually increase the proportion of elderly people while reducing the share of the working-age population.
  • Ageing Population: The share of Indians aged 60 years and above increased from 8.3% in 2014 to 9.7% in 2024 and is projected to reach nearly 15% by 2036.
  • Case Background: The judgment arose from Mangala Bhimrao Ingle’s petition after her election as sarpanch in Maharashtra was set aside because she had more than two children.
  • Interim Relief: The Court allowed her to continue in office and stayed proceedings against her.

CONSTITUTIONAL AND DEMOGRAPHIC IMPLICATIONS

  • Article 21: The Court considered such restrictions a violation of the right to life and personal liberty, particularly reproductive autonomy.
  • Political Representation: Disqualifying individuals based on family size can exclude an entire category of citizens from democratic participation.
  • Reproductive Autonomy: Individuals should not face an unreasonable choice between having children and participating in public life.
  • Policy Transition: Population policies should shift from coercive restrictions towards healthcare, education, maternal welfare and informed reproductive choices.
  • Development Perspective: The Court emphasised that population should not automatically be viewed as a development burden; healthy population growth also requires attention.

ABOUT DEMOGRAPHIC TRANSITION AND FERTILITY:

●      TFR: Average number of children a woman would bear during her reproductive years under prevailing age-specific fertility rates.

●      Replacement Fertility: Approximately 2.1 children per woman in low-mortality populations.

●      Demographic Transition: The shift from high birth and death rates to low birth and death rates, accompanied by changes in population structure.

●      Javed Judgment (2003): The Supreme Court upheld Haryana’s two-child eligibility restriction for certain local-body elections.