While dismissing a petition praying for implementing of two-child policy, Justice Kurian Joseph made some rather sharp contemplation about the failure of the Parliament and elected attorney in doing their duty.
The petition filed by one Prathvi Raj Chauhan praying that two-child norm be mandated and that government stop giving encouragement based on the strength of the family, came up for listening before Justices Joseph and Mohan M Shantanagoudar on Friday last week.
Justice Joseph constituted it clear at the outset that the petition squarely falls within policy manor and the court cannot intervene. Supreme Court Judgement…
“Go to Parliament, it is not for us to adjudge on two children or three children. This is a policy certainty. Go to the selected representatives. We are nominative, they are elected representatives”, observe Justice Joseph.
The petitioner mention the cases of Vishaka and Vinet Narain to revetment his arguments but to no avail.
“They were various cases. This is a substance of policy”, the Bench said.
Petitioner scramble that far from implementing two-child norm, governments are, in fact, giving encouragement for production.
“At least they should not be giving encouragement to produce more”, the applicant submitted.
The Court, however, said that it cannot go into the matter.
“It is a solemn matter if people whom you cast your vote for, are not doing their duty. If the recourse is helpless, this court is helpless. The Constitution default where the people are remarked Justice Joseph.
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