Tuesday, April 23, 2024

Plea filed in Supreme Court to ascertain feasibility of enacting strict population control law

A plea has been filed in the Supreme Court seeking directions to the Centre to ascertain the feasibility of enacting a strict population control law.

The petitioner, Devkinandan Thakur, has said there is a need to control the population explosion to secure fundamental rights of the citizens, particularly the right to clear air, right to clean water, right to food, right to health, right to peaceful sleep, right to shelter, right to livelihood, right to health to peaceful sleep, right to shelter, right to livelihood, and right to education guaranteed under Article 21-21 A of the Constitution.

The plea, filed through advocate Ashutosh Dubey, said the basic rights guaranteed under Articles 21-21A cannot be secured to all citizens without stringent population control law and the Centre has not implemented the National Commission to Review the Working of the Constitution’s (NRCWC) 24th proposal till date.

“The injury to citizens particularly women is extremely large. The peril of population explosion on the economy and its ramifications are often discussed But, the impact that repeated childbearing has on women are seldom highlighted outside the niche areas. Incidence of grand multiparity, which is defined as more than 4 viable births, in developing countries like India is 20% while it is only 2% in developed countries,” the plea stated.

The plea also focused on the risk of complications during delivery and argued that expectant mothers become more prone to infections with repeated pregnancies. Other complications such as cord prolapse, post-dated pregnancy, labour induction, caesarean sections, instrumental deliveries, and assisted vaginal deliveries are also extreme.

It has also sought direction from the Law Commission of India to adopt the population control laws and population control policies of the developed countries and initiate such population control ways to secure the fundamental rights of all citizens.

“Population explosion is the root cause of many problems including shortage of water, forests, land, bread, clothes and house, poverty and unemployment, hunger and malnutrition, and air, water, soil, and sound pollution,” the petitioner argued.

The plea submitted that currently 125 crore Indians have Aadhaar cards and around 25 crore citizens are without Aadhaar. Notable, around 5 crores of Bangladeshi and Rohingyas reside in India illegally. It further said India has crossed China in the population stakes and the current population of the nation is more than 150 crore.

Another similar PIL had been filed by Advocate Ashwini Kumar Upadhyay seeking directions to the Centre for framing regulations and guidelines to control the population, which is still pending in the Supreme Court.

The plea talks about the 24th recommendation of the National Commission to review the Working of the Constitution.

It also talks about the Justice Venkatachaliah Commission direction which states that  “Two Child Law”, as criteria for Government Jobs, aids and subsidies.


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