Jalna, Special Correspondent: With India’s total fertility rate below the replacement benchmark, the Supreme Court has raised important questions about the continued relevance of the two-child eligibility norm for panchayat elections. The constitutional questions have been referred to a larger bench.
The issue invites reconsideration of the demographic assumptions underlying the 2003 Javed v. State of Haryana decision. The Court has not finally struck down the two-child norm. A Maharashtra panchayat election dispute has also highlighted concerns about women’s reproductive autonomy and democratic participation.
India’s total fertility rate has been discussed at approximately 1.9, below the commonly used replacement benchmark of 2.1. That does not mean India’s overall population is already shrinking. Policymakers must consider longer-term shifts in population age structure, employment, healthcare and education.
Adv. Mahesh Dhannawat of Jalna said: “The Supreme Court’s observation is not limited to panchayat elections; it is an important signal for the country’s future. Population control was once considered necessary, but declining fertility now calls for a review of public policy. Infertility treatment, maternal protection, childcare, financial support for young couples and reproductive healthcare deserve priority. Every family has the right to make its own decisions about having children. India needs not merely a larger population, but a healthy and capable next generation.”
Affordable childcare, accessible fertility treatment for those who seek it, safe maternity services, housing and employment security can help people realize their own family plans. A lower fertility rate does not justify pressure to have children. Evidence-based policies must protect reproductive choice, women’s rights and the dignity of every family.
Source: Law Trend
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