Rajasthan overturns 30-year two-child limit for local polls, removes leprosy bar

What Happened

• The Rajasthan Cabinet, led by Chief Minister Bhajanlal Sharma, approved bills to repeal the two-child norm for candidates contesting Panchayati Raj and municipal body elections — ending a restriction that had been in place for approximately 30 years.
• The amendment targets Section 19 of the Rajasthan Panchayati Raj Act, 1994 and Section 24 of the Rajasthan Municipalities Act, 2009, removing the disqualification of candidates who have more than two living children.
• When the norm was introduced in 1994, Rajasthan's Total Fertility Rate (TFR) was around 3.6; it has since declined to 2.0, near the replacement level, making the restriction demographically redundant.
• Separately, the cabinet also approved removal of "leprosy" from the list of dangerous diseases under Section 24 of the Rajasthan Municipalities Act, 2009, ending the disqualification of leprosy-affected persons from contesting municipal elections.
• These amendments are expected to have immediate practical impact on the upcoming Panchayati Raj and municipal elections in Rajasthan.

Static Topic Bridges

Panchayati Raj Institutions and the 73rd Constitutional Amendment

The 73rd Constitutional Amendment Act, 1992, inserted Part IX (Articles 243 to 243-O) into the Constitution, giving constitutional status to Panchayati Raj Institutions (PRIs). It mandated the establishment of a three-tier system — Gram Panchayat (village), Panchayat Samiti (intermediate), and Zila Parishad (district) — in states with populations above 20 lakh.

Key provisions relevant to electoral eligibility: - Article 243F: sets minimum age (21 years) for contesting panchayat elections; disqualifications to be determined by state law - Article 243ZA: empowers the State Election Commission (SEC) to superintend, direct, and control the preparation of electoral rolls and conduct of elections to panchayats and municipalities - The amendment reserved at least one-third of seats for women (subsequently many states raised this to 50%) - States retained the power to impose additional eligibility criteria for candidates through their own Panchayati Raj Acts

Two-Child Norm — Policy Debate and Supreme Court Jurisprudence

The two-child norm as a disqualification for local body elections was first introduced by Rajasthan in 1992, followed by several other states, as a measure to promote population control through incentive/disincentive structures. At its peak, 11 states had such laws. Several — including Madhya Pradesh, Chhattisgarh, Himachal Pradesh, and Haryana — have since repealed them.

Supreme Court position on the two-child norm: - Javed v. State of Haryana (2003): the Supreme Court upheld the constitutional validity of the two-child norm as a disqualification for panchayat elections, holding that there is no fundamental right to contest elections and that the classification rationally serves the state's population policy goals - The court held that the norm does not violate Article 14 because the classification between candidates with more than two children and those with fewer is reasonably related to the objective of population stabilisation - Critically, the court held the norm does not violate Article 21 as it does not compel sterilisation or family planning — it merely attaches a civil disqualification to a choice

Leprosy Disqualification and the Rights of Persons with Disabilities Framework

Leprosy (Hansen's disease) has historically been grounds for civil disabilities in India — including divorce, disqualification from contesting elections, and other legal incapacities. This discriminatory framework persisted in many state laws despite medical advances establishing that leprosy is fully curable, is one of the least contagious infectious diseases, and disability results only when left untreated.

Legal reforms dismantling leprosy-based discrimination: - The Personal Laws (Amendment) Act, 2019: removed leprosy as a ground for divorce under the Hindu Marriage Act, 1955, the Divorce Act, 1869, the Dissolution of Muslim Marriages Act, 1939, and the Special Marriage Act, 1954 - The Rights of Persons with Disabilities (RPWD) Act, 2016: includes leprosy-cured persons in Schedule I as persons with benchmark disabilities entitled to reservation in government jobs and educational institutions - The Supreme Court in Pankaj Sinha v. Union of India (2019) directed the Central and State governments to repeal provisions treating leprosy as a bar from public participation - India eliminated leprosy as a public health problem in 2005 (prevalence below 1 per 10,000 population) though WHO has stated complete elimination targets remain pending in some districts

Population Policy and National Family Planning Programme

India's population policy has evolved from coercive approaches during the Emergency (1975-77) to the National Population Policy, 2000 (NPP 2000), which explicitly adopted a rights-based, voluntary approach. NPP 2000 set a medium-term target of achieving TFR of 2.1 by 2010 (not fully achieved nationwide until approximately 2020) and long-term target of population stabilisation by 2045.

Key demographic milestones: - India's national TFR reached 2.0 (below replacement level) as per NFHS-5 (2019-21) — the first time it fell below 2.1 - TFR varies sharply by state: Bihar 3.0, UP 2.4 vs. Kerala 1.8, Tamil Nadu 1.8, Goa 1.3 - NFHS-5 found that states with higher female literacy, better healthcare access, and women's empowerment consistently show lower TFR — reinforcing NPP 2000's rights-based approach over coercive norms

Key Facts & Data

• Two-child norm in Rajasthan: first introduced in 1994 (approximately 30 years ago)
• Rajasthan TFR: ~3.6 in 1994 → ~2.0 in 2024
• Laws amended: Section 19, Rajasthan Panchayati Raj Act, 1994; Section 24, Rajasthan Municipalities Act, 2009
• Leprosy removed from: dangerous diseases list under Section 24, Rajasthan Municipalities Act, 2009
• Javed v. State of Haryana (2003): Supreme Court upheld two-child norm — no fundamental right to contest elections
• States that already repealed two-child norm: Madhya Pradesh, Chhattisgarh, Himachal Pradesh, Haryana (2005-06)
• States retaining two-child norm (before this): Andhra Pradesh, Odisha, Maharashtra, Uttarakhand, Gujarat, Bihar
• Personal Laws (Amendment) Act, 2019: removed leprosy as ground for divorce in 4 statutes
• RPWD Act, 2016: leprosy-cured persons entitled to 4% reservation in central government employment
• National Leprosy Eradication Programme (NLEP): provides free multi-drug therapy (MDT); India achieved elimination as public health problem in 2005 (prevalence below 1/10,000)
• 74th Amendment (1992): Article 243T sets disqualification criteria for municipality membership as per state law