A Supreme Court bench comprising Justices P S Narasimha and Alok Aradhe noted that population control restrictions have become counter-productive as birth rates decline nationwide. The justices emphasized that demographic fears from past decades no longer hold true and could lead to an aging workforce if legal policies remain unchanged. This reassessment arose while examining a challenged Maharashtra local election statute, leading the court to protect a female sarpanch's position and refer the broader matter to a larger bench.
Key points
Population control measures have become counter-productive because the country's demograp…: Population control measures have become counter-productive because the country's demographic foundation has shifted below the replacement rate.
Maintaining family-size disqualifications during demographic decline threatens to create…: Maintaining family-size disqualifications during demographic decline threatens to create an aging population and a shrinking workforce.
The Supreme Court has referred the broader issue regarding local body election disqualifi…: The Supreme Court has referred the broader issue regarding local body election disqualification rules to a larger bench.
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NEW DELHI: Observing that laws aimed at controlling population growth in the country had lost their significance because of a fall in the total fertility rate (TFR) from 3 to 1.9, below the replacement level of 2.1, Supreme Court Wednesday said the foundation of such laws had "crumbled", they had become "counter-productive" and their validity, which was upheld by it two decades ago, needed to be re-examined in the present situation.The court then decided to review its 2003 verdict for disqualifying individuals with more than two children from contesting elections to panchayati raj institutions.A bench of Justices P S Narasimha and Alok Aradhe said the earlier perception that population had a negative impact on development did not hold anymore, and not keeping the law abreast of changing times would have consequences far beyond the specific precedent or the law in question.
"Even though India's population is not yet declining, the TFR falling below the replacement rate will soon result in a demographic transition towards an older population with a declining share of the working-age population. Laws aimed at limiting population…
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