Court stresses urgent need for population control measures in light of global and national challenges
In a significant decision reflecting the ongoing judicial concern over India's population growth, the Orissa High Court has dismissed an intra-court appeal filed by Maheswar Jena challenging his disqualification from the membership of a Grama Panchayat. The disqualification was imposed under Section 25(1)(v) of the Odisha Grama Panchayats Act, 1964, which mandates that a person is disqualified from being elected or nominated as a member of the Grama Panchayat if he has more than two children.
The appellant, Maheswar Jena, argued for protection under the proviso to Clause (v) of Sub-Section (1) of Section 25. This protective proviso exempts individuals who had more than two children as of the commencement date of the Orissa Grama Panchayats (Amendment) Act, 1994, or within a year of such commencement, from disqualification unless additional children are born after that period. However, the court found that Jena had additional children after the stipulated period, thus invalidating his claim for exemption.
The bench, comprising Justices Dixit Krishna Shripad and Chittaranjan Dash, upheld the learned Single Judge's decision, stressing that the appellant's case is a textbook example of the disqualification clause's applicability, with the protective proviso remaining miles away. The court echoed the sentiment of the Punjab and Haryana High Court in the Fazru v. State of Haryana case, emphasizing the need for public representatives to set an example in adhering to family planning norms.
In an expansive commentary on the dire need for effective population control measures, the court noted the alarming rate of population growth in India, referencing global observations and historical warnings about overpopulation's disastrous consequences. The judgment highlighted the role of constitutional institutions and civil society in addressing these challenges, urging immediate action to devise appropriate policies on a war footing.
The court's decision underscores the judiciary's proactive stance on population control, aligning with the national policy of diminishing exponential population growth. In a notable direction, the registry was instructed to send a copy of the judgment to the Hon'ble Chairman of the Law Commission of India for further consideration.
The judgment has significant implications for the implementation of population control measures in India, emphasizing the importance of adherence to legislative frameworks aimed at curbing population growth to ensure sustainable development and social welfare.
Bottom Line:
Disqualification for membership of Grama Panchayat under Odisha Grama Panchayats Act, 1964 due to having more than two children is upheld. Protective proviso to Section 25(1)(v) does not apply when additional children are born after the stipulated period.
Statutory provision(s): Odisha Grama Panchayats Act, 1964 - Section 25(1)(v), Orissa Grama Panchayats (Amendment) Act, 1994
Maheswar Jena v. Madhusudan Dalai, (Orissa)(DB) : Law Finder Doc id # 2844049
