Supreme Court Rules Two-Child Penalty Laws Outdated Amid Falling Fertility Rates

The Supreme Court on Wednesday held that laws penalising individuals for having more than two children have lost their relevance due to a falling fertility rate in India. A Bench headed by Justice P.S. Narasimha observed in a 37-page judgment that the foundation of such legislation—specifically the fear of overpopulation—has crumbled due to demographic changes over the past few decades.

The court stated that its 2003 judgment in the Javed versus State of Haryana case, which upheld penal laws related to the two-child norm, requires a revisit by a larger Bench. According to the data cited, India's Total Fertility Rate (TFR) has declined from 3.02 to 1.9. A TFR of 2.1 is known as the replacement rate, which allows one generation to completely replace itself.

Justice Narasimha observed that while India's population is not yet declining, a TFR falling below the replacement rate will soon result in a demographic transition toward an older population with a declining share of working-age individuals. The judgment noted that the share of persons aged 60 years and above has risen from about 8.3 percent in 2014 to 9.7 percent in 2024, with government projections placing that share near 15 percent by 2036.

The court reviewed the case based on a petition filed by Mangala Bhimrao Ingle, whose election as Sarpanch of the Kakoda gram panchayat in Maharashtra was set aside because she had more than two children. Lower courts and state authorities found that she gave birth to a third child in 2014 and subsequently contested and won panchayat elections in 2022, violating Section 14(1)(j-1) of the Maharashtra Village Panchayats Act, 1959.

Justice Narasimha found that laws linking motherhood to political representation violate Article 21, which guarantees the right to life under the Constitution. The court observed that allowing such laws to stand excludes an entire class of citizens from political representation on grounds bearing little rational connection to their capacity to hold public office, forcing an unconscionable choice between bearing children and democratic participation.

Consequently, the court permitted the appellant to continue in her elected position as Sarpanch while staying any proceedings against her, emphasizing that failing to adapt to demographic changes results in an abuse of power and produces injustice.

"Shifting demographic patterns and declining fertility rates signal a fundamental transition in India's population structure. As the workforce dynamic evolves and the aging population increases, public policy and regulatory frameworks must adapt to these economic and social realities. Businesses and policymakers alike need to recognize these long-term demographic shifts when planning for future growth and human capital." — Dr. Shishir Gupta, Founder & CEO, StartupLanes