If people are helpless, this Court is helpless, SC dismisses petition seeking two-child policy

While dismissing a petition praying for implementation of two-child policy, Justice Kurian Joseph made some rather sharp observations about the failure of the Parliament and elected representatives in doing their duty..The petition filed by one Prathvi Raj Chauhan praying that two-child norm be mandated and that government stop giving incentives based on the strength of the family, came up for hearing before Justices Joseph and Mohan M Shantanagoudar on Friday last week..Justice Joseph made it clear at the outset that the petition squarely falls within policy domain and the court cannot interfere..“Go to Parliament, it is not for us to decide on two children or three children. This is a policy matter. Go to the elected representatives. We [judges] are appointed, they are elected representatives”, remarked Justice Joseph..The petitioner cited the cases of Vishaka and Vinet Narain to buttress his arguments but to no avail..“They were different cases. This is a matter of policy”, the Bench said..Petitioner contended that far from implementing two-child norm, governments are, in fact, giving incentives for production [of children]..“At least they should not be giving incentives to produce more”, the petitioner submitted..The Court, however, said that it cannot go into the matter..“It is a serious matter if people whom you cast your vote for, are not doing their duty. If the people are helpless, this court is helpless. The Constitution fails where the people are [unclear]”, remarked Justice Joseph..The Court then proceeded to dismiss the case.