Supreme Court flags India's falling fertility rate
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Refers two-child rule to larger bench
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Supreme Court
New Delhi: The Supreme Court on Wednesday questioned the continued relevance of laws disqualifying people with more than two children from contesting local body elections, saying the fear of overpopulation that once justified such restrictions had weakened amid changing demographic realities. Warning that the effects of slowing population growth could be difficult to reverse, the court stressed the need to guard against a potentially irreversible decline in fertility.
A bench of Justices P S Narasimha and Alok Aradhe said the relevance and justification of legislation must be assessed in light of contemporary social conditions rather than solely on the circumstances prevailing when it was enacted. "Adapting to change is important for achieving justice, as failure to adapt produces injustice and is, in a sense, an abuse of power."
