Falling fertility has made laws penalising violation of two-child norm outdated: SC, Pg1

Key Highlights:

• The Supreme Court observed that laws penalizing citizens for having more than two children have lost their relevance due to India's falling fertility rate.
• The court noted India's Total Fertility Rate (TFR) has fallen from 3.02 to 1.9, which is below the replacement rate of 2.1.
• It called for a revisit of its 2003 judgment in Javed v. State of Haryana, which had upheld such penal laws.
• The judgment highlighted a demographic shift towards an older population and a declining share of the working-age population.
• The court linked such laws to a violation of Article 21 (right to life and personal liberty) and reproductive autonomy.
• The observation came during a petition by Mangala Bhimrao Ingle, whose election as sarpanch was set aside for having more than two children.

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Detailed Insights:

• The Supreme Court bench, headed by Justice P.S. Narasimha, emphasized that the fear of overpopulation, which was the foundation of such laws, has crumbled due to demographic changes.
• The 2003 Javed v. State of Haryana judgment had drawn inspiration from China's population control measures prevalent at that time.
• The court now suggests that society and courts should focus on encouraging a "healthy growth of population" rather than population control.
• The share of persons aged 60 and above in India has risen from 8.3% in 2014 to 9.7% in 2024, with projections reaching nearly 15% by 2036.
• Penalizing individuals for family size, especially by linking it to political representation, was deemed to impinge on the right to reproductive autonomy under Article 21.
• The court allowed the appellant, Mangala Bhimrao Ingle, to continue in her elected position while staying proceedings against her.

Key Concepts Involved:

• Total Fertility Rate (TFR): The average number of children born to a woman over her lifetime.
• Replacement Rate: The TFR level (approximately 2.1) at which a population exactly replaces itself from one generation to the next.
• Demographic Transition: A shift from high birth and death rates to low birth and death rates as a country develops.
• Article 21: Part of the Indian Constitution guaranteeing the right to life and personal liberty.
• Reproductive Autonomy: The right of individuals to make decisions about their reproductive health and choices, free from coercion.
• Javed v. State of Haryana (2003): A Supreme Court judgment that upheld the validity of laws disqualifying individuals with more than two children from contesting local body elections.