People's Democracy(Weekly Organ of the Communist Party of India (Marxist) |
Vol.
XXVII
No. 31 August 3, 2003 |
THE
Haryana state committee of the CPI(M) has expressed shock over the Supreme Court
judgement upholding the Haryana government’s “only two-child” norm
requisite for persons contesting elections to local bodies.
Reacting
to the judgement delivered on July 30, the party has stated that the Supreme
Court has surprisingly overlooked the fundamental right against discrimination
guaranteed under the Constitution. “This right virtually stands denied by the
act of the Haryana assembly imposing the two child norm for those seeking
elections to the panchayats and municipal committees. This condition effectively
debars otherwise qualifying men and women from local governance,” opined the
CPI(M) in a statement on July 30. The Supreme Court gave this judgement while
dealing with hundreds of writ petitions filed by the unseated elected
representatives of Haryana.
The
CPI(M) state committee recalled that it had raised serious objections when the
disputed clause was arbitrarily added while ratifying the 73rd and 74th
constitutional amendments by the Haryana assembly along with certain other
states. The main contention of the CPI(M) to the two child condition was that
apart from it being ultra vires of the Constitution, it also goes against the very
spirit of the process of decentralisation of power.
The
other basic objection raised by the Party and the AIDWA was that a woman would
be disqualified for an act in which she hardly had any decision-making role
(regarding the number of children in the family). Moreover it is a recognised
fact that the size of the family has a direct relation with the socio-economic
conditions of the various social strata. Therefore,
population control can least be achieved by such undemocratic and shortsighted
measures that infringe upon the citizens right at the grass root level, stated
the CPI(M) state committee.