Read Time: 10 minutes

The Uttar Pradesh State Law Commission on Friday released the first draft of the bill aimed at population control, seeking comments from the public by July 19. The Uttar Pradesh Population (Control, Stabilisation and Welfare) Bill, 2021, comes shortly after Chief Minister unveiled his plans that pertained to a new population policy for 2021-2030.

The draft law has been prepared by the Uttar Pradesh Health Department based on the findings of the National Family Health.

Here is all you need to know about the proposed Bill -

Two-Child Policy -

The proposed draft suggests that any person having more than two children in Uttar Pradesh would be barred to contest any local body election (Section 9), or the benefit of any government-sponsored welfare scheme (Section 11) and cannot apply for a government job (section 10),  or get any government subsidy (Section 12).

For those who have two children: This is applicable to anyone who adopts the two-child norm by undergoing voluntary sterilisation operation upon himself or their spouse. Incentives include a soft housing loan, rebate on charges for utilities such as water, electricity, and house tax among other things. Government employees (Section 4) who adhere to the two-child norm will also get two additional increments during the entire service, maternity or paternity leave of 12 months with full salary and allowances and free health care facility and insurance coverage to the spouse.

For those with a single child: Those who have only one child and undergo voluntary sterilisation will additionally get free health care facilities and free insurance coverage to the single child till they turn 20, preference to single child in admission in all educational institutions, including IIMs and AIIMS, free education up to graduation level, scholarship for higher studies in case of a girl child and preference to a single child in government jobs. Public servants sticking to the one-child norm will be eligible for four additional increments in all apart from the incentives promised to the general public doing the same.

Enforcement (Section 1) –

The law states that it shall come into force after one year from the date of publication in the Gazette and shall extend to the whole of Uttar Pradesh.

“Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.”

Applicability (Section 2)–

The law, when it comes into force, will be applicable to all married couples in the state of Uttar Pradesh who have attained the legal age.

“The provision of this Act shall apply to a married couple where the boy is not less than twenty-one years of age and the girl is not less than eighteen-years of age.”

 

Exceptions in the draft bill ( Chapter III)-

Some safeguards have been built into the law to make sure it is fair to parents in certain exceptional circumstances. These are:

1. In case of multiple births in a second pregnancy, or having more than two children in the first pregnancy (Section 13).
2. The law would also not apply to those who adopt a third child after having two children conceived from a marriage (Section 14, Explanation 1).
3. Those whose one of the two children are disabled and they have a third child are also exempted (Section 15).
4. Parents who lose one or both of their children and conceive a third child will also not be violating the law (Section 16).

On Adoption (Section 14) -

In case of adoption, the cumulative number of legal children each person has cannot exceed three, as per the law. A person will not be violating the proposed law if he or she, despite having two children conceived from a marriage(s), adopts a third child. However, a person having two children from their marriage cannot adopt more than one child without violating the law. Likewise, a person having no children from their marriage, cannot adopt more than two children without breach of the law.

On Polygamous/Polyandrous marriages (Section 18)-

In the case of polygamous and polyandrous marriages, each couple will be counted as a separate unit for the purpose of calculation of the cumulative number of children, the law says. However, the person who is common in the marriages will be in contravention of the law if they cumulatively parent more than two children from all marriages.

"The personal law governing A allows polygamy. A has three wives B, C and D. A and B, A and C, and A and D shall be counted as three distinct married couple so far as the status of B, C and D is concerned but as far as the status of A is concerned, it shall be counted as one married couple for the purpose of calculation of cumulative number of children," stated the draft.

It must be noted that, the suggestions may either be sent through e-mail at statelawcommission2018@gmail.com or through post to the State Law Commission, Uttar Pradesh.