SC upholds two-child norm for Haryana Sarpanchs

NEW DELHI: The family planning norms could soon return to haunt legislators, as the Supreme Court on Wednesday upheld a Haryana legislation barring a village panchayat member from becoming the Sarpanch or Upsarpanch if he had more than two children.
Rejecting the plea of Muslim village panchayat members that two-child norm was violative of their right to freedom of religion, a Bench comprising Justice R C Lahoti, Justice Ashok Bhan and Justice Arun Kumar said the legislation did not violate Articles 14 (right to equality), 21 (Right to life and liberty) and 25 (freedom of religion) of the Constitution.
The Bench dismissed over 200 petitions filed by Sarpanchs, Upsarpanchs and village paanchayat members challenging the Haryana Panchayatiraj (Amendment) Act, 1994 which brought in the two-child norm for those heading the panchayats and their deputies. The unanimous judgement was written by Justice Lahoti.
To escape the disqualification, many of the sarpanchs and deputy sarpanchs, who had more than two children, had given their children in adoption to their relatives.
Nullifying the effect of such adoption, Justice Lahoti said once disqualified, the Sarpanch or Upsarpanch could not escape the consequences by giving away the children in excess of two to other relatives in adoption.