Supreme Court dismisses plea for rules to control Population Explosion

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The plea also made a proposal to incentivize population control by giving monetary incentives and other facilities like leave and promotion.

The Supreme Court on Wednesday dismissed a plea seeking directions to the Centre to frame regulations and guidelines to control population, in spirit of the 24th recommendation of National Commission to Review the Working of the Constitution; Justice Venkatachaliah Commission.

A further prayer was made to ascertain the possibility of making “Two Child Law”, as a criteria for Government Jobs, aids and subsidies.

Justice Sanjay Kishan Kaul led bench refused to entertain the plea made by Advocate Ashwini Upadhyay while holding that the judiciary cannot get into such issues as these are social issues which should be examined and decided by the government.

The bench also comprising Justice MM Sundresh remarked that the country was reaching a stable point. 

Notably, the petition drew the court's attention to the disproportionate resources and population growth over the years.

It also laid down several schemes and endeavors by the Government which has not been able to prosper for the menace of unchecked population.

“NCRWC after making immense efforts for two years and elaborate discussion had suggested addition of Article 47A in the Constitution and formulation of Population Control Law. Till now the Constitution has been amended 125 times, the decision of the Apex Court has been altered twice, hundreds of new laws have been enacted, but population control Law, utterly required for country, is not made, though it will curtail more than 50% problems of India”, the petition stated.

Accordingly, the following prayers were sought:

  1. Direct the Central Government to frame effective rules, regulations and guidelines to control population explosion in spirit of the 24th recommendation of National Commission to Review the Working of Constitution [Justice Venkatchaliah Commission];
  2. Direct the Central Government to ascertain the feasibility of making Two Child Law as a criteria for government jobs, aids and subsidies, and likewise;
  3. Direct the Central Government to declare First Sunday of every month as ‘Health Day’ in to spread awareness on population explosion and provide contraceptive pill, condoms, vaccines etc. to EWS and BPL families;
  4. Alternatively, direct the Law Commission of India to prepare a comprehensive Report on Population Explosion within three months and suggest the ways to control it.