oppn parties SC: Birth of Third Child Disqualifies Panchayat Candidates

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  • Imran Khan raises nuclear war bogey again, says if Pakistan loses a conventional war, it might fight till the end with its nuclear arsenal
  • Searching for Rajeev Kumar, ex-CP, Kolkata Police, the CBI approaches state DGP to know about his whereabouts
  • Ferry overturns in the river Godavari in Andhra. 46 feared dead
  • Supreme Court to hear pleas on Jammu & Kashmir today
  • Ghulam Nabi Azad moves Supreme Court for ordering the government to allow him to visit his family in J&K
  • GST Council meeting to focus on leakages and evasions, expected to tighten processes, especially regarding input tax credit
  • Finance minister, citing figures for July 2019, says that industrial production and fixed investment is showing signs of revival
  • Amit Shah's comment on Hindi as the unifying language draws the ire of MK Stalin and Siddaramaiah. Stalin says the country is India not Hindia
  • On Hindi Diwas today, Amit Shah says use of mother language must be increased but Hindi should be adopted as the common language of the country
  • Pakistan raises white flag on LoC to claim bodies of dead soldiers
  • India beat Bangladesh by 5 runs to lift the U-19 Asia Cup
  • A three-judge bench of the Supreme Court will examine the amendments to the SC/ST act made after an apex court order that 'diluted' the provisions and which were reinstatd by the amendment
  • Delhi government decides to re-implement the odd-even system of traffic management from November 4 to 15
  • UP to discontinue law that allows the state government to pay the income tax dues of ministers
  • Anand Sharma of the Congress to replace P Chidambaram on the parliamentary committee on home affairs
Sunni Wakf Board and Nirvani Akhara write to the Supreme Court for a negotiated settlement to the Ayodhya dispute
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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.