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       REPORT                                                           LAW & JUSTICE
       Fertility rate  below  replacement  level Playing of national

       for all but Hindus and Muslims                                   anthem in cinema

                                                                        halls  not  mand-
       As  per the latest  religion-wise data  scheduled castes and 2.2 for other
       from the National Family Health Survey  backward  classes.  The  upper  atory:  Supreme
       (NFHS) of 2015-16, average number of  castes had the lowest fertility rate
       children born to  a woman over  her  of 1.9.                     Court
       lifetime, or total fertility rate (TFR), has   The younger the women, the lower
       dropped below  replacement  for  all  the mean number of children born  The Supreme  Court, on  9  January
       religious communities barring Hindus  to them, evidence of the progress  2018,  revoked its  interim order  on
       and Muslims.                       over  the  last  two  decades  in  mandatory  playing  of national
       Important findings                 bringing down the  total fertility  anthem before  movie  screenings
        The  fertility  rate  of  Hindu  rate.                         in cinema halls after multiple instances
          households fell from 2.8 in the last   The  median  age  at  first  birth  of vigilante patriotism. Centre had filed
          survey in 2004-05 to 2.1, the level  among women aged 25-49 years  an affidavit informing the top court
          at which a population is said to be  was lowest for Muslim and Hindu  that it was in favour of modification
          able  to  replace  itself  from  women, 21.3 years and 21.6 years  of  the  November  2016  order,  a
          generation to generation without  respectively. It was highest among  complete turnabout from its previous
          migration.                      Sikhs at 23.8 years.          stand on the issue.
        The  fertility  rate  of  Muslim   Among  the  different  wealth  Background
          households fell from 3.4 to 2.6.  quintiles, the median age at first  The apex court had on November 30,
        The community with  the lowest   birth  was  lowest  among  the  2016 directed that all cinema halls must
          fertility rate, 1.2, was the one with  poorest  women  at 20.3,  steadily  play national anthem before screening
          the highest level of education, the  rising  with  rising  affluence  to  of films saying that “it would instill
          Jains. This was followed by Sikhs  touch 24.4 years among women in  the  feeling  within  one,  a  sense
          (1.6), Buddhists or Neo Buddhists  the  richest  one-fifth  of  the  committed patriotism and nationalism”.
          (1.7) and Christians  (2). India’s  population.                 Justice  DY  Chandrachud,  a
          overall TFR was 2.2.          The survey  showed  that  almost  member of the bench along with CJI
        When looking at the fertility rate  30% women with one child had got  Dipak  Misra  and  Justice  A  M
          of the different wealth quintiles,  sterilised,  suggesting  that  they  Khnawilkar, had questioned the logic
          the section with the lowest income  had decided they did not want any  behind the order, saying there is no
          had the highest number of children  more. Almost 84% of women with  need  for  an  Indian  to  “wear  his
          at 3.2 and the richest had the least,  two children  had  got  sterilised.  patriotism  on  his  sleeve”. In  stark
          1.5.                            This was the case for 77% of the  opposition to the CJI’s November 2016
        Scheduled  tribes,  the  least   poorest  women  who  had  two  order, he had further observed that it
          developed   among     social    children and almost 89% of women  cannot be assumed that if a person does
          categories, had the highest fertility  in the highest wealth quintile with  not stand up for the national anthem, he
          rate  of  2.5,  followed  by  2.3  for  two kids.             is “less patriotic”.
       March 2018                                                                  Competition  Wizard  29
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