Falling fertility rate makes two-child penalties outdated in India, says Supreme Court

New Delhi The Supreme Court on Wednesday (November 4, 2026) held that laws penalising having more than two children have lost their relevance due to the falling fertility rate in India. “We are of the strong opinion that laws that penalise having more than two children have lost their relevance.

The foundation of such laws, that is, the fear of overpopulation, has crumbled due to demographic changes in the past few decades,” a Bench headed by Justice P.S. Narasimha observed in a 37-page judgment.

Supreme Court rejects plea for rotation of SC/ST-reserved seats in Parliament, Assemblies Supreme Court rejects plea for rotation of SC/ST-reserved seats in Parliament, Assemblies A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V.