SC says population control laws need review as fertility rate falls

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 growth have now lost significance. If we fail to take note of such demographic changes, India will face serious consequences...," it said. Disqualification provisions on the basis of more than two children for local body polls have been in effect in various states.

The court passed the order while examining the validity of a Maharashtra law which was challenged by a woman sarpanch. The court allowed her to hold the post despite the disqualification provision and referred the issue to a larger bench.