The Supreme Court questioned the relevance of laws penalising people for having more than two children, citing India’s declining fertility rate.
India’s Total Fertility Rate (TFR) has declined from 3 to 1.9, below the replacement fertility rate of 2.1.
The replacement rate of 2.1 is the average number of children per woman needed for one generation to replace itself.
The Court warned that falling fertility could lead to an ageing population and a decline in the share of the working population.
A Bench headed by Justice P.S. Narasimha observed that population-control laws could restrict political representation and reproductive autonomy under Article 21.
The Court referred the legal question on the continuation of the two-child norm as an eligibility condition for contesting elections to a larger Bench.
Current Case Name: Mangala Bhimrao Ingle v. The Additional Commissioner, Amravati Division and Ors.