Laws penalising families for having more than two children have lost relevance: SC

PTI, Nov 4, 2026, New Delhi: The Supreme Court on Wednesday said laws that penalise having more than two children have lost their relevance, as the fear of overpopulation has crumbled due to demographic changes in the past few decades.

Observing that India's total fertility rate (TFR) has fallen from 3.0 to 1.9 since 2003, the apex court said laws aimed at limiting population growth have now lost their significance.

The top court delivered its verdict on a plea filed by Mangala Bhimrao Ingle, whose election as 'sarpanch' of Kakoda gram panchayat was set aside on the ground that she was disqualified from contesting the polls as she had more than two children, in violation of Section 14(1)(j-1) of the Maharashtra Village Panchayats Act, 1959.

A bench of Justices P S Narasimha and Alok Aradhe referred to a July 2003 verdict of the apex court which, after examining the vires of the Haryana Panchayati Raj Act, 1994, had upheld the disqualification of persons with more than two living children from contesting or holding panchayat positions.

Noting that the right to make reproductive decisions is an integral facet of the right to life and personal liberty under Article 21, the top court referred the matter to a larger bench for reconsideration of the ratio laid down in the Javed versus State of Haryana (2003 verdict).

"We are of the strong opinion that laws that penalise having more than two children have lost their relevance. The foundation of such laws, i.e. the fear of overpopulation, has crumbled due to demographic changes in the past few decades," the bench said.

It said a TFR of 2.1, known as the replacement rate, would allow one generation to completely replace itself.

"So, 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," the top court said.

"If we fail to take note of such demographic changes, India will face serious consequences. Adapting to change is important for achieving justice, as failure to adapt produces injustice and is, in a sense, an abuse of power," it said.

The apex court said equally concerning was the reasoning employed in the 2003 verdict to justify a "manifestly arbitrary act".

"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," it said.

The bench said it also compels an unconscionable choice between bearing children and democratic participation, impinging on the right to reproductive autonomy under Article 21.

It said population statistics about the country predict noticeable changes.

"It would be dangerously complacent to ignore the consequences of India's changing population growth rate merely because it already has a large population -- the stakes are too high," it said.

The bench said the need of the hour is to have policies in tune with the present realities.

"We need to guard against potentially irreversible decline in fertility and respond to the changing demographic realities," it said.

The bench said it seems that years of population control measures, coupled with development efforts by the state, have borne fruit faster than what one could have expected.

"Very soon, we may face an ageing population in which a disproportionately large share of people are beyond the working age.