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This is an archive article published on July 31, 2003

2-child norm also for Muslims: SC

The Supreme Court today rejected the claim of Muslims that a two-child norm in local bodies violates their religious freedom to have four wi...

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The Supreme Court today rejected the claim of Muslims that a two-child norm in local bodies violates their religious freedom to have four wives.

No Islamic scripture mandates that ‘‘marrying less than four women or abstaining from procreating a child from each and every wife in case of permitted bigamy or polygamy would be irreligious or offensive to the dictates of religion,’’ the court pointed out.

A bench, headed by Justice R.C. Lahoti, made this ruling while upholding a Haryana legislation which disqualifies panchayat members with more than two kids from becoming sarpanchs or upsarpanchs. Dismissing over 200 petitions challenging the disqualification contained in Haryana Panchayati Raj Act 1994, the SC said: ‘‘In our view, disqualification on the right to contest an election by having more than two children does not contravene any fundamental right nor does it cross the limits of reasonability.’’ Holding that it was a ‘‘disqualification devised in national interest,’’ the bench said: ‘‘The torrential increase of population is one of the major hindrances in India’s progress.’’

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