Supreme Court on 2-child policy for Police appointment

The Supreme Court recently affirmed the Rajasthan government’s decision to bar candidates with more than two children from applying for a police constable post.

Reasons for barring the candidates:

• The SC ruled that the provisions under Rules by the Rajasthan government, stipulates a maximum limit of 2 children per candidate is constitutional.
• The classification was non-discriminatory and intra-vires the Constitution, since the objective behind the provision was to promote family planning.

Rajasthan Police Subordinate Service Rules, 1989:

• These rules apply to the entire police establishment in the state of Rajasthan.
• Rule 2(j) defines “police establishment” to include Police Department, Anti-Corruption Department, and other units specified by the Director General/Inspector General of Police.
• According to Rule 24, the Disqualification for Appointment includes candidates with over two children (after June 1, 2002) and male candidates with more than one living wife.
  • It considers more than one child from a single subsequent delivery (twins) as one entity.
• Female candidates married to those who already have a living wife are disqualified unless the government is satisfied there are special grounds for it.
• Candidates accepting dowry at the time of marriage have also been disqualified.

Case of Javed vs. State of Haryana, 2003:

• The case had a similar provision as an eligibility condition to contest panchayat elections and was upheld by the SC.
• The Haryana Municipal (Second Amendment) Act, 1994, was upheld and consequently affirmed the two child-policy for holding the offices of sarpanch or up-sarpanch in the state.

Similar legislations or Policies across India:

• Population control and family planning, is a subject on the concurrent list, which contains matters both the Centre and the states can legislate on.
• Several states have included a small family as a criterion to qualify for various positions.
• The Rajasthan Panchayati Raj Act 1994 disqualifies those with over two children from contesting elections as a panch or a member.
• The Odisha Zilla Parishad Act, 1991, bars those with more than two children from contesting.
• The Gujarat Local Authorities Laws (Amendment) Act, 1962, disqualifies those with more than two children from contesting elections for bodies of local self-governance.
• Maharashtra Civil Services (Declaration of Small Family) Rules in 2005 mandated the filing of a “small family declaration” while applying for a government job.
• Uttar Pradesh proposed such disqualification for government employees, municipal/panchayat elections, and a housing tax rebate for non-government employees.
• Similar laws exist for local body elections in states like Maharashtra, Assam, Telangana, and Andhra Pradesh, while some included it in public employment matters.