The debate over the two-child policy is back in focus thanks to the Assam government, which has decided to implement a law passed two years ago. Under the policy, no person having more than two children would be eligible for government jobs from 2021.

The policy lists two key norms for government employment linked to population growth: Only candidates with two children or less will be eligible for government jobs; government servants shall strictly follow the norms of two children to serve as role models for society.

Referring to Census 2011, the policy document also refers to Assam’s demographics. “The population of Assam increased to 3.12 crore (2.66 crore in 2001 Census). Although there is a decline in the decadal growth of population, the rate of increase of 17.07 is at an unsustainable level. The state’s population density is 398 as per 2011 Census as against 340 in 2001. In 2013, Assam recorded a Total Fertility Rate of 2.3 against a target for replacement level fertility rate of 2.1; its crude birth rate is approximately 21.3 (Annual Health Survey 2011-12),” it said.

What was the third child policy?

This third-child policy was actually the “small family norm” that has been suggested by the central government since the 1970s. The small family norm then was “two or three children”. In the 2000s, it became the two-child policy. Around nine states adopted it then and some of them revoked it. Currently, the two-child norm remains active in Andhra Pradesh, Gujarat, Maharashtra, Odisha and Rajasthan.

Two-child policy in states

* Assam is not the first state to have such a policy in place. However, in most cases, the bar is on contesting local body elections.

* In Andhra Pradesh and Telangana, the 1994 Panchayati Raj Act disqualifies a person with more than two children from contesting elections. Those who already had more than three could, however, contest these polls.

* In Maharashtra, people having more than two children are barred from contesting gram panchayat and municipal elections.

* Also, the Maharashtra Civil Services (Declaration of Small Family) Rules of 2005 disqualify a person having more than two children from holding a post in the state government. Women are not allowed PDS (public distribution system) benefits if she has more than two children in Maharashtra.

* Rajasthan is more like Assam in declaring candidates with more than two children ineligible for government jobs. The Rajasthan Panchayati Raj Act 1994 makes a person disqualified from contesting panchayat elections with a relaxation if one of the two children is a disabled child.

* In neighbouring Gujarat, the Local Authorities Act was amended in 2005 to disqualify anyone with more than two children from contesting elections to panchayats, municipalities and municipal corporations.

* Madhya Pradesh and Chhattisgarh implemented the two-child policy in 2001 for both government jobs and local body polls. In 2005, both states discontinued it after complaints that such rule is not applicable in Assembly and parliamentary elections.

* In Madhya Pradesh, the two-child policy continues for government jobs and judicial services.

* Odisha disqualifies individuals with more than two children from contesting urban local body elections. States such as Bihar and Uttarakhand too implemented two-child policy in various spheres, but currently it is limited to municipal elections.

* In this connection, Karnataka’s case stands out for its uniqueness. The Gram Swaraj and Panchayat Raj Act 1993 declared a person ineligible for contesting local body polls if his / her house does not have “a sanitary latrine”.