-SOHINI BISWAS
INTRODUCTION
Development of Economy of a country and its population has a controversial relationship with each other, viewed differently by different economists. While a lot have a fear the growth may affect negatively, others consider it as a potential workforce which would in a way help. The Malthusian ‘fears’ of overpopulation has historically have been one of the big forces leading governments to take coercive action such as the adoption of ‘one child policy’ or force sterilization. Uttar Pradesh’s Law Commission shared the draft bill on the occasion of World Population Day on 11 July. This sentiment also might be the motivation behind the recent Uttar Pradesh Population (Control, Stabilization, and Welfare) Draft Bill 2021, where two-child “norm” is referred to as necessary due to limited “ecological” and “economic” resources in the state of Uttar Pradesh. Ever since the draft has been made it has received public comment which are sharply divided opinions on its need, current form, legality, implementation, and various other factors such as its potential to increase the imbalance in different communities. On constitutional touchstone, there seem to be more problems than solutions that the bill aims at offering. The bill somewhat appears to be an attack on the “reproductive autonomy” of a woman in a marriage, including polygamous marriage (if permitted by personal law) where her choices are placed subservient to the benefits to which her husband may be entitled to, affecting her right to procreate. This is not the first time our government has looked at this issue. The 79th Constitutional Amendment Act presented by Health Minister M.L. Fotedar also proposed amendments to Article 47 of the Guiding Principles of State Policy regarding the Promotion of Population Control and also to promote the introduction of limited family norms as a fundamental duty of every citizen (Article 51), but he was unable to move the discussions forward at the time. Despite a national population control policy (2000), India is the second most populous country. This year, in February 2020, Shivsena MP Anil Desai proposed a constitutional amendment to Article 47A to promote population control, which states that the state must promote lowered family standards or the policies of two children through taxes, employment, etc. for those who do not adopt this policy. India's think tank, NITI Aayog, also hosted a meeting on achieving population stabilization to discuss and analyse how to address and develop the gaps in family planning programs. Population Control Bill, 2020 Bill is to be introduced by Congressman and senior lawyer Abhishek Manu Sanghavi in Rajya, which is to implement a two-child policy in the country. This bill not only includes the advantages for those who adhere to the rules and regulations of the bills, but also some disadvantages for those who do not follow the proposed policies. . The purpose of the bill is stated in the long title/preamble as "to provide for the measure of control of the population of the country and the affairs and incidents connected therewith". The bill also provides for the definition of certain terms such as "appropriate government", "commission", "employee of the Union government", "funds" and "prescribed". And he indicated that this only applies to legally married couples. This bill offers financial benefits to couples who adhere to this two-child policy. Since the couple has only one child and if they undergo sterilization surgery themselves, the government will provide the benefit based on the only child preference. The bill also calls on the central government to establish a National Fund for Population Stabilization to ensure that contraceptives are available at reasonable prices in secondary health centres. In addition, there are several financial benefits for couples who live below the poverty line and are voluntarily sterilized.
BENEFITS OF POPULATION CONTROL ACT
1. There are people in Uttar Pradesh who live below the poverty line due to lack of basic resources. By implementing the two-child standard, more people will have access to basic services such as clean water, health services, quality education, etc., which will reduce poverty. Everyone has the right to quality education without any discrimination.
2. This bill mainly aims to reduce the population and less population leads to a healthy environment.
3. The government of Uttar Pradesh has announced incentives for civil servants who voluntarily follow the two-child standard, such as two additional increases during the service, a discount on utilities such as water, electricity, water, housing tax, 12-month maternity or paternity leave with full salary and allowances, etc.
4. This bill applies to everyone in the state, not just ordinary people, but also policy makers.
5. If a family is financially poor and has more than two children, it may not be able to receive education for everyone. So if people follow the standard of two children, then the government gives the children benefits to get them to good schools and get quality education.
CONS.OF THE POPULATION CONTROL ACT
1. Implementing the two-child standard could lead to a more gender-selective abortion, as many people in India would rather have a male child than a female child. In China they have observed many sex-selective abortions when the one-child policy was introduced, there is a chance that this could also happen in India. Earlier, there were cases where people threw their daughters on the street, in garbage cans and after the introduction of this bill there could be an increase in cases like this.
2. Many unscrupulous and poor people give birth to more child and refuse to receive benefits from government schemes because not following the two-child standard leads to more poverty.
3. In China, after years of implementing the one-child policy, they faced a population imbalance. So, in order to improve the balanced development of the people, China has abolished the one-child policy and introduced the three-child policy. Thus, it is possible that India is facing an imbalance in society that affects the economic growth of the society.
4. Since people in India prefer male child over female child, it is possible that if a woman gives birth to a female child both times, the man may completely blame his wife and divorce, or there is a chance that many women will be domesticated and will experience violence.
CONCLUSION
1. Any benefits or advantages provided under this Act should apply to all individual, regardless of his profession.
2. The law does not provide information about single parents.
3. In areas where the population is not aware of the bill or the population problem, the government should take the initiative to create awareness in those areas.
4. The law does not provide information about people who are in an active relationship.
5. Non-profit organizations should be involved in raising awareness of the bill, issues related to population growth and how to resolve this among residents of areas where there is a lack of awareness.
REFERENCES
1. Population control bill: A coercive action on fundamental rights, https://theanalysis.org.in/2021/07/21/population-control-bill-a-coercive-action-onfundamental-right/ (last visited Oct 18, 2021)
2. POPULATION CONTROL BILL: PROS AND CONS,https://lexlife.in/2021/10/05/population-control-bill-pros-and-cons/ (last visited Oct 18, 2021)