Population Control Laws, Bills and Policies in India
Population control laws have met with many challenges
in history. Both legal and moral challenges. While in Rajya sabha in a written replying in the Rajya Sabha on a discussion on a
Private Member’s Bill to regulate the population on April 1st 2022.
The minister said the best way is
to create awareness among the general population about family planning.
“We cannot force or make it compulsory
for people to follow the two-child norm,” he said, adding that it is better to
educate people to take measures on having a small family and asked Sinha to
take back the bill.”[1]
He also referred to National
Population Policy the long-term objective is to
achieve a stable population by 2045, at a level consistent with the
requirements of sustainable economic growth, social development, and
environmental protection.[2]
Prior to this even in loksabha when this
question was asked the by an MP as follows (d)
whether the Government proposes to make a law for population control in India,
if so, the details thereof and if not, the reasons therefor?
The answer given was: (d) The Government does not have
such a proposal at present since India is signatory to the ICPD declaration of
1994 held in Cairo (International Conference on Population and Development)
which unequivocally advocates voluntary informed choice and honouring reproductive
rights of couples to decide freely and responsibly the number and spacing of
their children.[3]
The population is needed and a biggest strength of nation.
But when growth is excessive it creates problems,furthermore it creates burden
on natural resources which are limited. The more population exists it would
create more usage of resources and thus further contribute to its depletion but
simaltenously contribute to pollution of air,water and soil and due to scarcity
of land problems of affordable housing and good quality food also arise.
As per UN the fertility rates were low for centuries but in
last century due to improvement in healthcare and lifestyle changes it has
increased. The infant mortality rate has also gone down.[4]
There is an increase in life expectancy as well.
History
During time of emergency there was a rise in Population
Count. The government back then had anticipated that this would lead to major
future problems. The drive to sterilise
was speeded up when The World Bank, the Swedish
International Development Authority, and the UN Population Fund had
funds available for population control as per The Global
Family Planning Revolution: Three Decades of Population Policies and Programs[5], and Government of India back then took on the case
of family planning and population control more strictly.
India way back in 1952 launched first National Programme for
Family Planning, which was a programme not only achieve population stabilization goals but also promote reproductive health and reduce maternal, infant & child
mortality and morbidity[6].
The number of sterlisations in males increased in
1970-71[7], there were 1.3 million,
and in 1970-71 the numbers reached 3.1 million. However, in the following year,
the numbers fell by around 900,000 because of reports of medical problems, due
to which the government retreated for a while.[8]
An estimated 81 lakh sterlisations have happened in era of
emergency. About 2000 died people officially and many incurred health issues.
It is also not on record as to how many were sterilized before having even a
single child or after minimum 1 child.
Maharashtra had “Maharashtra
Family (Restriction
on Size) Bill,
1976[9] which was referred to
president for assent but was sent back
for certain modification could not have been passed but Government of India
itself started a forceful sterlization programme.
There are currently certain rules specially when it comes to
civil servants
The
Maharashtra Civil Services (Declaration of Small Family) Rule of 2005 defines
a small family as wife, husband and two children and stipulates that a person
is not eligible for a job with Maharashtra Government if he or she has more
than two children after 2005.
These
rules came in force on Maharashtra as Maharashtra Civil Services (Declaration
of Small Family) Rules March 28, 2005.
Maharashtra
is one of the states that have a ‘two children’ policy for an appointment in
civil services or even for the elections of some local government bodies. Few
other states such as Rajasthan, Madhya Pradesh, Andhra Pradesh and Telangana,
Gujarat, Odisha, Uttarakhand and Assam[10].
Mission Parivar Vikas which is in operation in 146
high fertility Districts of Bihar, Uttar Pradesh, Assam, Chhattisgarh, Madhya
Pradesh, Rajasthan & Jharkhand, to increase access to contraceptives.
Injectable Contraceptive were brought under MPA (Antara Programme)
and Centchroman. Emphasis on IUCD. Further government redesigned
contraceptive packaging and had Compensation scheme for sterilization
acceptors. It also had Clinical Outreach Teams (COT) Scheme whose work was to reach accredited
organizationsin far-flung, underserved and geographically difficult areas.
Family Planning Logistic Management and Information
System (FP-LMIS) was setup dedicated software
to ensure smooth, procurement and distribution of family planning commodities[11].
National Family Planning Indemnity Scheme
(NFPIS) under which the people who
opt for this scheme are insured in the cases of death, complication and failure
following sterilization procedure.
Both
drafts aim at reducing fertility rate by enforcing 2 child norm.
Lets
take into consideration first bill The Population Control Bill, 2019
This was
to be introduced in Loksabha by SHRI AJAY BHATT, M.P[12]
and then to Rajya Sabha seperately as private member bill by M.P. Rakesh Sinha
The
objectives and aim of both bills was small family norm, the bill draft which
was to be introduced in Rajyasabha contains certain provisions for National
population stablisation funds. It also has provision in draft sec 6 for
voluntary sterilisation and higher preference in studies to their only child.
Although the mechanism is not mentioned but by simple reading the
interpretation would mean if both children have same percentage the child
having a sibling would be at disadvantage (assuming this applies only to the
second child and further children).
Sec 7
gives a provision of monetary compensation after sterlisation to people under
BPL and even more concern is shown for a girl child to balance the current gap
of both male and female.
Sec 8 is
a penal provision which debares the parents from certain services and
elections.
There
may be a counter argument on right to progeny and bodily autonomy or twins born
while giving birth for second time(which is taken in consideration) but overall
legislative draft is for a greate cause. In certain issues collectivism
needs to be considered instead of individualism.
Sec 9
speaks about educating about small family norms as a compulsory subject and sec
10(2) proviso states “Provided that the ratio shall be such that the States
with higher fertility rate shall contribute in higher proportion compared to
the States with lower fertility rate.”
This
fixes the longstanding issue of the vote count of MPs in election of President
and few other seats based representation which is disproprotionate and based on population
census.
Sec
13(2) is a provision which empowers all other service rules to dismiss any
government employee from service for violation of rules and undertaking which
they sign for not to pro-create more than 2 children.
All this
is to balance the socio economic prospects of the country.
The
Loksabha bill takes into account issue of twins during second child under sec
10(1)(a) & sec 14 disallows various government scheme benefits and welfare
to whoever contradicts the provision of this bill.
The only
issue which I feel is if there is a second marriage of any person and his/her
spouse has 2 children of their own from first marriage would this person be
robbed off his right to progeny/procreation? Because the provisions will put
the person and his child further at disadvantage.
This
loksabha bill further proposes an amendment in Representation of People’s
Act,1951
“8B. A
person having two or more than two living children on the date of commencement
of this Act shall be disqualified and not eligible to contest any election if
he procreates any more living child after the commencement of this Act.”
This too
puts a limit on elected respresentatives from having more children if they
already have two when this Act commences. This goes to show that even
representatives are not exempted from this.
THE
UTTAR PRADESH POPULATION (CONTROL, STABILIZATION AND WELFARE) BILL, 2021 also
has met with some compliments and criticisms too.
This
bill has more benefits and incentives then the central bill. But in both
Central bills introduced by members and this have one thing in common the
balance between word ‘voluntary’ which is not in proportion with the penalty
and disadvantages it would bring in. Although procreation is something which is
upon couples to decide.
Sec 5 of
UP legislation has more of freebie incentives from free education and
healthcare coverage which can put in a burden on state budget, also sec 5(c)
mentions about preferential admission and excludes few central govt institutes
and word ‘e.t.c’ is added now this leaves a gap for a vast interpretation.
This
bill also has criticism that the current census of UP has 2.7 fertility rate
and bringing in very strict measures will cause chaos in society.
The
major criticism of all 3 bills is it will lead the way to abandoning children.
Although there is provision in central bills for adoption but still people have
a mindset to have their own children instead of adoption. Now these are merely bills & not yet an 'Act' but these are measures which legislature might take when time is suitable by making it a legislation after it receivesassent of president & governor as the case may be.
The
other laws which aid population control are THE MEDICAL TERMINATION OF
PREGNANCY ACT, 1971.
Now this
may sound a bit harsh but if there is any complication in birth or defection or
any stigma wherein the child maybe abandoned for life this law conceals
identity of patient and aborts child until 20 weeks.
In USA
a non-profit organization namely Planned
Parenthood Federation of America has been in forefront in fighting legal
battles for legalizing abortion and educating people on small family benefits
and reproductive health.
Many western countries have legalized abortion too which was
earlier against their religious structure.
In China their was a One child policy but it was called off
recently due to the increase in gender gap and preference to male child only
which brought in an imbalance between males and females ratio of population.
China has scrapped its decades old one child policy in 2016,
replacing it with a two-child limit due to various problems including gender
gap. Also the workforce required in future to maintain the
country was imbalanced. But now it has further notified a 3 child policy to
overcome these challenges[13]
India currently is relying on education,advertisements for
awareness and enlightening the people for small family norms. Also government
promotes contraceptives free of cost in many rural areas.
While if we anticipate the current same-sex marriages
which are recognized by law but there is no concrete legislation which governs
same sex marriages although scope is wide in the term ‘person’ when it comes to
Special marriage Act and other few laws there need to be laws on their adoption
as well. Biologically a same sex couple is not capable of pro-creating without
any external intervention. Such marriages to directly influence the ‘birth
control’ Hence a proper law in this regards would indirectly help to achieve
the goal.
There are many comparitive studies sighted that the countries
with lesser population and large areas have better development index and a
control over pollution and do not face scarcity of land. Some countries like
New Zealand,Canada,Australia some Eastern European countries too. Now some
countries like USA,UK and France to have their own population limited but have
heavy immigration rate.
This population planning and birth control measures will surely help us in achieving the sustainable development goals in future.
Conclusion: It is a well established fact that a benefit
of small family norm is known much. Also there is a high human development
index with less population. Although there are some exceptions as correlation
does not imply causation but population of country can have direct impact on
usage of natural resources,land farming,water usage, pollution and housing
space.
The
depletion of natural resources is a key. But if less population is using it in
abundance then too effect would be the same. Steps for population control are
taken in lieu of the keeping a substantial resources for future generation
before it exhausts.
More
population leads to more carbon emission which is calculated on various means
from breathing to usage of methane,concrete e.t.c which is detrimental to
environment and has significant impact on climate change. The balance of
population and proportional usage of natural resources can be beneficial to
everyone.
Population
control laws and awareness is necessary
step for balance to be maintained to meet sustainable goals in future.
[1][1]
https://www.youtube.com/watch?v=QPjT4YvJ0Xk&ab_channel=SansadTV
[2] https://www.nhp.gov.in/national-population-policy-2000_pg
[3] http://loksabhaph.nic.in/Questions/QResult15.aspx?qref=7383&lsno=17
[4] https://www.un.org/en/observances/world-population-day
[5]https://documents1.worldbank.org/curated/en/259541468177850467/pdf/405350Familiy0101OFFICIAL0USE0ONLY1.pdf
[6] https://nhm.gov.in/index1.php?lang=1&level=2&sublinkid=821&lid=222
[7] Population and
Development Review
[9]https://books.google.co.in/books?id=nzB-CwAAQBAJ&pg=PT55&lpg=PT55&dq=maharashtra+Family+(Restrictions+on+Size)+Bill&source=bl&ots=GZ971cWZSN&sig=ACfU3U1M5B9lShf0WH4JKhp7XMvhW5FaMw&hl=en&sa=X&ved=2ahUKEwiT0qzm9Kv3AhWg7XMBHb9vC4MQ6AF6BAgZEAM#v=onepage&q=maharashtra%20Family%20(Restrictions%20on%20Size)%20Bill&f=false
[10] https://indianexpress.com/article/explained/maharashtra-two-child-norm-for-government-employees-explained-7292173
[11] https://pib.gov.in/PressReleasePage.aspx?PRID=1593004#:~:text=Mission%20ParivarVikas%2D%20The%20Government%20has,in%20seven%20high%20focus%20states.
[12] http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/2834LS%20AS%20INTRO.pdf
[13]https://www.bbc.com/news/world-asia-china-57303592#:~:text=China%20has%20announced%20that%20it,a%20sustained%20upsurge%20in%20births.
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