Explained: What is Uttarakhand's 2-child condition, education criteria for panchayat polls

Uttarakhand Assembly on Wednesday passed a bill that bars anyone having more than two children from contesting panchayat elections.

The Uttarakhand Panchayati Raj (Amendment) Bill, 2019 was passed unanimously with a voice vote in state assembly after the Opposition Congress staged a walkout protesting over a different issue.

The new legislation bars candidates having more than two kids and stipulates educational qualifications that one must have attained before contesting the panchyat polls.

The timing of the bill is important because panchayat elections in Uttarakhand are scheduled to be held later this year.

The legislation will become effective once it receives approval from Governor Baby Rani Maurya.

WHAT IS THE 2-CHILD CONDITION?

The Uttarakhand Panchayati Raj (Amendment) Bill, 2019 states that any person who has more than two living children won't be eligible to contest the panchayat elections.

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In the statement on objectives and reasons to amend the existing law, the Bharatiya Janata party (BJP) government said the two-child condition is being introduced with an aim to promote family planning.

I HAVE MORE THAN 2 KIDS. AM I INELIGIBLE?

No. The legislation, even after getting the Governor's approval, will not have a retrospective effect. Simply put, those who have more than two children at the time the legislation is put into effect will continue to be eligible to contest the panchayat elections.

The new law will be applicable only to those who will have a third child 300 days after the law has come into effect. It states that anyone who has more than two living children will become ineligible to contest panchayat elections if the third child is born 300 days (roughly 10 months) after the new law is enforced.

WHAT ARE THE EDUCATION QUALIFICATIONS?

The legislation makes it mandatory that anyone who wants to contest panchayat elections in Uttarakhand should have at least passed the matriculation (Class 10) from a recognised board.

Relaxation has been given to women and people belonging to the Scheduled Castes (SC) and Scheduled Tribes (ST). For women and SC/ST (men), the minimum education qualification is that the person should have passed Class 8. For SC/ST (women), it is Class 5.

WHAT ABOUT URBAN LOCAL BODIES?

The two-child condition and the education qualifications, as provided in the new legislation, will be applicable to panchayat elections only. The urban body polls will remain unaffected by the new law, when notified.

IS UTTARAKHAND THE FIRST STATE TO DO THIS?

No. Similar laws were earlier passed in Rajasthan, Haryana, Bihar and Odisha.

Rajashtan and Haryana have laws that fix minimum education qualification. In January this year, the Congress government in Rajasthan approved removal of the minimum education criteria for panchayat elections that was brought in by the previous BJP government.

In 2015, Bihar Assembly passed a law that made having toilets at home a pre-condition for contesting panchayat elections.

However the state cabinet later decided to set aside this law, arguing that it wants people from poorer sections, who at present may not have toilets, to participate in panchayat polls.

Odisha too has a two-child condition for those hoping to contest the panchayat elections.

Last year, the Supreme Court upheld the law in Odisha when tribal sarpanch challenged his disqualification because he had a third child some months after winning the panchayat election.

The author tweets at @mukeshrawat705 and can also be reached out at Facebook.

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