The Supreme Court upheld the Rajasthani government's two-child eligibility prerequisite for government job applications, ruling that the requirement is neither discriminatory nor unconstitutional.
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The government of Rajasthan has most recently instituted a policy that hinders individuals who have more than 2 child policy in Rajasthan from obtaining government jobs, an initiative that resulted in considerable discussion and controversy. This decision, which is intended to slow down the increase in population, has brought about a lot of debate about its moral, social, and practical implications.
The opponents denounce it as unfair and a violation of reproductive rights, while backers contend that it must be done to address asset strain and overpopulation.
What is the Two Child Policy in India?
- "Hum Do Hamare Do" became well-known in the 1980s thanks to a widespread campaign. It's becoming a bigger concern. The nation's resources and total land area are finite, and its population is growing quickly. We are the world's second-most populous nation. It also poses a significant challenge to the government's ability to provide benefits and subsidies.
- India's population is increasing and will do so for the ensuing few decades. The higher percentage of individuals in the marriable age group who will have children is the cause of this fact. Future generations will face numerous issues as a result of the population explosion. The population explosion will lead to many problems for future generations. Natural resources like water, air, land, forests, etc. are overused as a consequence of overpopulation. Restricting the expansion of the population is more crucial than ever in the modern era.
Why in the News Today?
The Supreme Court upheld the Rajasthan Govt Two Child policy eligibility requirement for public job applications, ruling that the requirement is neither discriminatory nor unconstitutional.
What Does the Provision Describing the 2 Child Policy in Rajasthan Say?
- Ram Lal Jat, an ex-serviceman who retired in 2017 and applied to become a constable in the Rajasthan Police in 2018, filed the plea.
- The Rajasthan Various Service (Amendment) Rules, 2001 state that a candidate cannot be appointed to the service if, on or after June 1, 2002, they have more than two children according to the Rajasthan Govt Two Child policy.
- The bench concluded that Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, which states that a candidate whose number of children exceeds two on June 1, 2002, is not discriminatory and does not contravene the Constitution, is lawful.
Observation by the High Court
- The High Court declined to intervene in the authorities' decision regarding the 2 child policy in Rajasthan that disqualified Jat, stating that it is a matter of policy and does not call for judicial intervention.
Decision by the Supreme Court
- Justice Surya Kant, Justice Diapankar Datta, and Justice K V Vishwanathan of the Supreme Court bench denied Jat's appeal, arguing that there was no reason to interfere with the High Court's decision. Since June 1, 2002, candidates who have more than two living children are not eligible for government jobs due to the Rajasthan Govt Two Child policy rule.
- The judges emphasized that the "two-child norm" is a matter of policy and that the court should not get involved. The decision upholds the state's right to establish eligibility requirements for public employment that take demographics into account.
- The Supreme Court has further established the legal validity of policies that seek to promote family planning by endorsing the "two-child norm" for government jobs, reaffirming its position on similar measures embraced for electoral candidates.
Rajasthan's decision-making to bar families with more than two children from government jobs emphasizes the complex connection that exists between social justice, rights for individuals, and the control of the population. While the policy seeks to tackle urgent problems with demographics, serious ethical and practical issues are raised by its repressive nature and the possibility of discrimination.
In order to uphold individual autonomy and move forward with sustainable growth, society must adopt inclusive, rights-centered strategies as it is struggling with the obstacles of population management.
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