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In SC 4 advocates seek intervention in petition seeking population control

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New Delhi: An application has been filed by four advocates in the Supreme Court seeking intervention in a special leave petition filed by Ashwini Kumar Upadhyay against an order of the Delhi High Court that dismissed his plea to control the population explosion in India.

In his plea before the apex court, Upadhyay had highlighted the problem of population explosion, terming the same as being more dangerous than a bomb explosion.

He stated that without implementing effective population control measures, Healthy India, Literate India, Prosperous India, Resourceful India, Strong India, Secured India, Sensitive India, Clean India and Corruption and Crime-Free India campaign won’t succeed.

According to him, the High Court in dismissing his petition had failed to appreciate that right to clean air, drinking water, health, peaceful sleep, right to shelter, right to livelihood and right to education guaranteed under Articles 21 and 21A, can’t be secured to all citizens without controlling the population explosion.

According to the intervention application, population explosion is the root cause of most problems including shortage of water, hunger, pollution, etc and is also a prime cause behind rising crime offences. The rapid population growth and economic development are degrading the environment through controlled growth of urbanisation, industrialisation, expansion and intensification of agriculture, etc.

The applicants have submitted that it’s clear that the population needs to be controlled or it would spiral into an economic and social disaster. They have urged the Court to issue notice regarding several issues like the following:

·      Means of Incentivizing or disincentivizing to control India’s population.

·      Strategies to make people aware with the consequences of a rapid increase in population.

·      Finances and resources available with the Union government to provide basic facilities.

·      Measures taken by Union of India for social security for welfare of its citizens.

·      Measures by central government to check the expeditious increase in population.

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The applicants have acknowledged that preventing people from having more than two children infringes their fundamental right but it will create a positive impact sooner or later. The intervention of the Court is need of the hour.

–  India Legal Bureau

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