oppn parties SC: Birth of Third Child Disqualifies Panchayat Candidates

News Snippets

  • 16 killed as the vehicle they were traveling in plunged into a deep gorge near Jammu
  • Vodafone CEO seeks government relief, saying India operations on the verge of collapse
  • Three teenagers killed in a major accident in Kolkata's New Town area when their Honda City rammed into a road divider and a Metro pillar. The car was mangled
  • Vishwa Hindu Parishad not to publicly 'celebrate' Babri Masjid demolition day this year, all events will be closed door
  • JNU students march against the steep hike in fees, keep HRD minister Ramesh Pokhriyal stuck at the venue of the convocation
  • USFDA says Cytotron, an anti-cancer kit developed by Bengaluru based Rajah Vijay Kumar, is a "breakthrough device" for treating liver, pancreatic and breast cancers
  • Car sales show a minuscule uptrend after declining continuously for 11 months
  • Industrial output contracts by 4.3% in September, the worst decline in 8 years
  • Centre defends abrogation of Article 370 in the Supreme Court, says the power under it was used by the President six times previously
  • Legendary singer Lata Mangeshkar admitted to hospital with lung infection, put on ventilator
  • Shiv Sena MP Arvind Sawant quits as Union Minister
  • National Security Advisor Ajit Doval met the leaders of both Hindus and Muslims in Delhi on Sunday to ensure peace and harmony is maintained after the Ayodhya verdict
  • Tipu Jayanti passes off peacefully in Karnataka
  • 10 dead as Cyclone Bulbul leaves destruction in its wake in West Bengal
  • Shefali Verma breaks Sachin's 30-year old record by scoring an international fifty at 15 years and 285 days
India Commentary wishes all its readers a very Happy Guruparab
oppn parties
SC: Birth of Third Child Disqualifies Panchayat Candidates

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
The Supreme Court has ruled that just the birth of the third child disqualifies a person from contesting rural body elections and from holding any office as sarpanch in a panchayat. It said that the legislative intent behind the law was to prevent the third live birth and not to ensure that the person reared only two children and gave away the one child in adoption. The intention was to prevent births to reduce the population. The matter came up after an Odisha sarpanch challenged the Orissa HC decision to bar him from holding the office of sarpanch after the birth of his third child. His argument was that he had given away the first child in adoption and hence he claimed to adhere to the two-child policy.

But the court dismissed the argument by saying that the law was to prevent the third birth and it did not matter if the person adhered to the two-child norm by giving away one child in adoption. The petitioner’s lawyer also argued that a person can also have more than two children if the second birth produces twins or triplets. But the court was not impressed and ruled that it will not decide on such an eventuality as it was not the subject matter of the case at hand.

The need to control population is real and urgent in India. Hence, the legislature had enacted this law to make elected rural leaders role models for the rest of the population. If such subterfuges are used to go around the law, the real purpose will be defeated. The court was right in reading the legislative intent correctly and upholding the Orissa HC ruling.