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A Public Interest Litigation plea has been moved before the Supreme Court seeking direction for the Central Government to ascertain the feasibility of enacting a stringent population control law to secure fundamental rights, mainly rule of law, right to air, right to water, right to food, right to health, right to sleep, right to shelter, right to livelihood, right to justice and right to education.

The petition filed by Devkinandan Thakur through Ashutosh Dubey states that "a strong and effective population control law on the lines of China is the need of the hour. More emphasis needs to be laid on women’s education and health."

It further submits that 125 crore Indians have AADHAAR Card while around 20% i.e. 25 crore citizens are without AADHAAR, and around 5 crore Bangladeshi and Rohingya infiltrators, illegally reside in India. From this, it is evident that the total population of India is more than 150 crore and India has marched ahead of China, the plea reads.

"If we calculate natural resources, then we have around 2% of agricultural land and merely 4% of the world land. However, population is 20%. If we compare with America then our area is one-third of America and the rate of population growth is eight times of America. In America, 10,000 children are born every day and in India 86,000 children per day," the plea adds.

The plea has further sought direction for the Law Commission of India to examine the population control laws and population control policies of the developed countries and suggest the population control steps to secure the fundamental rights of citizens.

With respect to the issue of repeated pregnancies, the plea submits that the repeated pregnancies jeopardize woman's health, leading to further adverse pregnancy outcomes. "There is increased risk of abortions also in such mothers. Mothers become more prone to infections with repeated pregnancies," the plea states.

It may also be noted that another PIL pertaining to a similar issue filed by Advocate Ashwini Kumar Upadhyay seeking directions to the Centre to frame regulations and guidelines to control the population is pending in the Supreme Court. That plea states that in the spirit of the 24th recommendation of the National Commission to Review the Working of the Constitution; Justice Venkatachaliah Commission direction should be issued to ascertain the possibility of making “Two Child Law”, as a criteria for Government Jobs, aids and subsidies.

Case Title: Devkinandan Thakur Ji Vs Union of India & Ors.