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Supreme Court refuses to take up petition for preparing comprehensive policy to deal with population

The Supreme Court of India has refused to take up petition filed by BJP leader and advocate Ashwini Upadhyay which requested for instructing the Law Commission for preparing a comprehensive policy for dealing with population.

The plea was refused to be entertained by the bench comprising of Justices SK Kaul and AS Oka on the ground of being unreasonable. The Court questioned that now will the court decide that? There has to be some reasonableness.

Upadhyay had to withdraw his plea without any further discussion.

The argument put forth by Upadhyay was that while India had 2 per cent of the world’s land, it had 20 per cent of its population.

Justice Kaul asked The petitioner is it possible to wipe out population in a day”? and how can even Law Commission be directed in this.

The plea by Upadhyay raised objection to a December 2020 statement by the Central government where it said that it was against coercive family planning.

The effect of multiple pregnancies on the health of mothers and babies, as also the significant population of the poor in the country, were highlighted as reasons why a central population control law is necessary.

The Supreme Court is “entitled to evolve the New Principles of Liability” to guarantee the remedy of enforcement of fundamental rights, and do complete justice to anyone aggrieved, one of the pleas further said

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