India urgently needs a strong and effective Population Control Law

It is duty of the government to secure fundamental rights of citizens, particularly guaranteed under Articles 21-21A viz. Right to clean air, right to drinking water, right to health, right to peaceful sleep, right to shelter, right to livelihood and right to education.


Present 122 crore citizens with AADHAAR, around 20% (25 crore) without AADHAAR, 04 crore Bangladeshi and 01 crore Rohangiya intruders reside in India. From this, it is evident that total population of our country is around 152 crore instead of 130 crore and we have marched ahead of China. We have merely 2% agriculture land and 4% drinking water. But, our population is 20% of the world. Our area is one-third of China but population growth rate is three times. In China 11 children are born per minute and in India its 33 children per minute.


Population explosion is root cause of most of problems including shortage of water, forests, land, Bread, clothes and house, poverty and unemployment, hunger and malnutrition and air, water, soil and sound pollution. It is root cause of the crowds in trains, police stations, tehsils and jails, High Courts and Apex Court. Population explosion is the rootcause of theft, dacoity and snatching, domestic violence, physical and mental harassment of women and separatism, fanaticism, stone pelting etc. From a survey, conducted on thieves, dacoits, snatchers, rapists and mercenaries, it is apparent that about 90% criminals and offenders are such that their parents have not followed policy of “Ham Do – Hamare Do”. Therefore, it is evident from the above stated facts that population explosion is root cause of more than 50% problems of India.


We celebrate International Day for Elimination of Violence against Women on 25 November every year, but violence on women is increasing and root cause is population explosion. After birth of a girl, the woman is subjected to physical and mental harassment, though, as per medical science, it depends on Husband. Some people abandon their first wife if 3- 4 daughters are born and perform second marriage to fulfil their desire to have a son. For daughters, to have good health, social economic and political justice, liberty of thoughts, expression, belief, faith and worship, equality of status and opportunity, a strong and effective population control law, based on the Model of China, is urgently required.


Population explosion is the root cause of pitiable condition of our International Ranking. We are ranked 103rd in the Global Hunger Index, 43rd in Suicide Rate, 168th in Literacy Rate, 133rd in World Happiness Index, 125th in Gender Discrimination, 124th in Minimum Pay, 42nd in Employment Rate, 66th in Rule of Law Index, 43rd in Quality of Life Index, 51st in Financial Development Index, 177th in Environment Performance Index, 139th in GDP Per Capita. However, we are the first in the matter of draining underground water, though we possess only 4% of ground water and merely 2% of agricultural land of the world.


Population explosion is root cause of corruption. We are ranked 66th in 1998, 72nd in 1999, 69th in 2000, 71st in 2001 and 2002, 83rd in 2003, 90th in 2004, 88th in 2005, 70th in 2006, 72nd in 2007, 85th in 2008, 84th in 2009, 87th in 2010, 95th in 2011, 94th in 2012, 87th in 2013, 85th in 2014, 76th in 2015, 79th in 2016, 81st in 2017 and 79th in 2018 in Corruption Perception Index.


Save Girl Campaign may be successful, but torture after marriage, cannot be stopped in absence of a strict and effective population control law. After birth of 3-4 daughters, physical and mental torture are hurled on the woman, though the boy or depends on male instead of female. Several people prefer polygamy in the desire of son. Therefore, India urgently needs an effective population control law to stop discrimination between boys and girls, provide them equal rights and equal opportunity.


Tax payers follow “Ham Do-Hamre Do”, but the persons getting subsidized food cloths and houses are not adhering it. Thousands of years before, Lord Ram introduced Ham Do- Hamare Do policy, and for giving clear message to common man, he along with brothers Laxman, Bharat Shatrughan, followed “Ham Do–Hamare Do”, though, problem of population was not so dangerous. Population explosion is even dangerous than bomb explosion and without enacting population control law, Healthy India, Literate India, Prosperous India, Resourceful India, Strong India, Secured India, Sensitive India, Clean India and Corruption and CrimeFree India campaign won’t succeed.


National Commission to Review the Working of the Constitution is a very prestigious Judicial Commission. Former Chief Justice of India Justice Vankatchalaih was the Chairman and Justice Sarkaria, Justice Jeevan Reddy and Justice Punnaiya were its members. Former attorney General Mr. Keshav Parasaran and Soli Sorabjee and Loksabha Secretary General Mr. Subhash Kashyap were its members. The Member of Parliament Sumitra Jee and late P.A. Sangama Ji were also its Member. Senior Journalist C.R. Irani and Mr. Abid Hussain, Ambassador to America, were also members. The 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.


As long as 02 crore homeless people would be given homes, more than 10 crore homeless children will born. Many environmentalists, intellectuals, sociologists, educationists, jurists, philosophers, thinkers and journalists agree to the point that population explosion is the root cause of more than 50% problems of our country. The NCRWC, making immense efforts for two years and discussion with all stake holders, had handed over its report to the Union Government on 31st March, 2002. Many laws viz. MANREGA, Right to Education, Right to Information and Right to Food were enacted on its recommendations but the population control law was not even discussed in the parliament. Therefore, NCRWC recommendations should be tabled in the Upper and Lower House.


According to the United Nation Parameters, BPL Population of India was more than 50 crores in 2011. It is not a trifling matter that the population density is at a humongous 404 persons per square kilometer of area, whereas the global density is at a nominal 51 persons per square kilometer of land area. The enormity of the crisis becomes quickly apparent when the population density figures of certain other countries (both developed as well as developing nations) are juxtaposed with that of India. While developed nations such as USA and UK are at population densities of 33 and 271 persons respectively per square kilometre, those in countries of comparable economic conditions such as Brazil and South Africa fair tremendously better with a density figure of 25 and 46 persons per square kilometer respectively. What stands in stark contrast to underpin the magnitude of the crisis is that China, being the most populous country in the world, has a population density of only 144 persons per square kilometer.


The Taxpayers are regularly increasing their contribution through taxes to fight with poverty but the vote bank politics has been misusing the hard-earned money of taxpayers for past 70 years and there is an utter lack of implementation strategy to banish poverty from the Nation. India has 2% land area of the world with the Population of nearly 20%. Taxpayers have been contributing for the development of India since 1947. The money paid by them in terms of taxes is used for growth, development and security of nation, services for citizens and many more. Taxpayers are earning member and are the real nation builders and it is their responsibility to check whether people’s representatives elected by them and public servants are using their funds properly or not.


Every year population is increasing but the amount of natural resources to sustain this population are diminishing. We have to think about conditions of our natural resources. Now we have no fresh air to breathe, no fresh water to drink, no fresh food to eat and many more. India is an agricultural based economy but agricultural area is decreasing every subsequent year. Same with forest covered, glaciers, fresh water reserves and many more. The only and one thing that is increasing is population and the result is drastic increase in unemployment, poverty, starvation, food adulteration, health issues, crime and many more. Supply demand ratio in our country has a huge difference. Safety and revival of our natural resources are must for us and for our coming generations. Population is quite large and rapidly increasing and 1% percent growth means an addition of about 1.5 crore people every year. Therefore, an effective population control law is the need of hour. Birth rate is responsible for rapid population growth. Hence, measures, which can reduce birth rate, should be adopted.


Fertility depends on the age of marriage. Therefore, the minimum age of marriage of female should be raised. Presently, minimum age for marriage is 21 years for male and 18 years for female, which is arbitrary discriminatory and offends Articles 14-15. Petitioner feels that minimum age should be 21 years for both male and female and it should be firmly implemented. There is many more discrimination to the female. They are confined to four walls of house. They are still confined to rearing and bearing of children. Female should be given more opportunities to develop socially and economically. Free education should be given to them, but, it is impossible without strictly following child marriage act.


The education changes the outlook of people. The educated men prefer to delay marriage and adopt small family norms. Educated women are health conscious, avoid frequent pregnancies, and thus help in lowering birth rate. Some parents don’t have any child, despite medical treatment. They may be advised to adopt orphan children. It will be beneficial to both. Social outlook of the people should undergo a change. Issueless women should not be looked down upon. More and more people should be covered under-social security schemes. So that they do not depend upon others in the event of old age, sickness, unemployment etc. with these facilities they will have no desire for more children.


It’s noteworthy that as far back as 1976 at the time of implementing 42nd Amendment Act to the Constitution, Entry 20A was inserted in the List III (Concurrent List) to Schedule VII of the Constitution which is “Population Control and Family Planning”. The imperative of the insertion in the Concurrent List is palpable that the federal States also have a say in the matter of population control. However, the years following the said amendment has only brought to light the apathy of respondent in tackling the problem of population explosion, and the entire scheme of population control and family planning has been relegated to goodwill of individual States, while the respondents have largely washed its hands off from this issue. Even, there is no chapter on menace of population explosion in the syllabus and curriculum. It is highlighted that the plight of an enormous population growth is not a matter which can be solely handled or effectively tackled by the States alone. A high population growth rate cuts across various rights and sectors which can only meaningfully be controlled or tempered by the intervention of the respondents.


Following the 42nd Amendment in 1976, some States such as Haryana has indeed implemented laws to disqualify individuals from contesting elections to local bodies in the circumstance that one has more than two children. However, sporadic changes to law in only certain states shall never manage to yield results. It is therefore, the need of the hour that the respondents takes steps to assess and control rapid growth of population. In fact, an anomalous situation has arisen due to dispersed nature of these legislations directed towards population control in certain States. While a representative to a local body in the State where population control laws have been implemented stand disqualified for having more than two children, those in other States enjoy a complete immunity from any such disqualification. Thus, an elected representative is subjected to differing standards of public accountability while all along being subjected to same constitutional standards. Therefore, a uniform system of population control strategies and the creation of a national matrix is not only the pressing need of the hour, but is also in line with the constitutional mores. Same shall not only be a manifestation of the constitutional guarantee of equal protection of laws but also go long way in ensuring economic planning to garner constitutional rights to all.


People in urban areas have low birth rate than those living in the rural areas. Therefore, urbanization should be encouraged in villages. Girl’s marriage should be solemnized after the age of 21 years. This will reduce the period of reproduction and bring down the birth rate. But, the Executive is not willing to review the minimum age of marriage. Improved standard of living acts as a deterrent to large family norm. In order to maintain higher standard of living people prefer to have small family. According to survey, those who earn less than Rs. 100 per month have on an average a reproduction rate of 4 children and those earn more than Rs. 300 per month have a reproduction rate of 3 children.


Communication media viz. TV, radio and newspaper are the good means to propagate the benefits of the planned family to the uneducated and illiterate persons especially in rural and backward areas of country. The Executive can give various types of incentives to adopt birth control measures. Monetary incentives and other facilities- leave and promotion can be extended to the working class, which adopts small family norms. Other method to check population is to provide employment to women. Women should be given incentive to give services in different fields.


Government has not appropriately formulated and successfully implemented policies to control population explosion. There is no aggressive sterilization campaign, targeting men and women both. India is world’s most populous country. Teaching poorly educated women about use of contraceptive pills in remote communities is more expensive than mass sterilization campaigns, despite successive years of economic growth, governments have systematically chosen the cheaper option.


The problem of child marriage is highly prominent in many States. A marriage at a tender age leads to a long reproductive span in women. Also marriage at a young age prevents people from acquiring the education and awareness required to be sensitive towards and understand the consequences of raising too many children.


One big drawback of India is that of limited and highly centric medical facilities. Because of the high rural-urban divide, availability of good hospitals and doctors is limited to urban centers thus resulting in high infant mortality rate in rural areas. Rural people, in order to ensure that at least some of their kids survive, give birth to more and more kids thus contributing to population growth. If provided with optimum medical facilities population rate will almost certainly decline.


From above, it is evident that the issue of population control and family planning is not one which can be tackled on a piecemeal basis. The phenomenon of population explosion in this country is a result of multifarious factors, social, economic, health etc. Therefore, development of a national matrix, taking into account these diverse factors is essential for a meaningful strategy to contain population growth.


Not much result can be achieved, if family planning and use of contraception remains optional instead of mandatory. Strict legal steps are required for child marriage, education, abolition of child labor and beggary and family planning to reap significant benefits from it. Proper enforcement of laws related to child labor, slavery and beggary, polygamy will ensure that parents do not sell their children or send them out to work thus forcing them to raise lesser number of kids.


The women folks are not considered equivalent to men in terms of force and might and such opinions are extremely common and it is a major reason for population growth. People keep giving birth to kids in order to have more sons than daughters. Empowering woman with a say in matters concerning them like childbirth and educating them to fight against discrimination will ensure a healthy society.


Child labor, slave trading and human trafficking is highly prevalent. People give birth to kids and sell them to rich people who in turn employ these kids in various laborious and unethical tasks. If not sell, these parents force their kids to beg or work at a very tender so as to earn some extra money for the family. These people believe that more kids mean more hands for begging and work and thus more money. Without concrete measures, other methods will not to be ineffective.


Ensuring that people have easy and cheap access to contraception tools will help avoiding cases of unwanted pregnancies and births. Every State owned hospital should be made to provide cheaply efficient birth control medicines or surgeries since poor people have neither the means not awareness to use contraception. Use of condoms and contraceptives must be advertised and promoted along with ensuring cheap and ready access to these. Contraceptives do not only prove to be an important population control measure but also prevents spreading of sexually transmitted diseases like AIDS thus ensuring small healthy families.


Enormous population is the biggest challenge. Lack of development implies high poverty, illiteracy, discrimination, lack of awareness, lack of medical facilities and thus in turn increased population growth. Any economy is termed developed if its population is non-discriminated. By reducing gender discrimination, ensuring development of whole population instead of a given segment of society would eliminate challenge of population growth. A Report has suggested that there would be a significant decline in population if legal age for marriage is 25 years.


Family planning is based on efforts largely sponsored by the government. In 1965-2009 period, contraceptive usage has more than tripled (from 13% of married women in 1970 to 48% in 2009) and fertility rate has more than halved (from 5.7 in 1966 to 2.4 in 2012), but the national fertility rate is still high enough to cause long-term population growth. India adds about 1,75,00000 people to its population year. So, the efficacy and success of a national matrix, when undertaken across the country is evident from the above. In light of the same, it is essential that a holistic approach is adopted for population control instead of standalone, sporadic and dispersed strategies adopted in a variegated fashion across different states in the country.


Awareness of contraception is near-universal among married women in India. However, the vast majority of married Indians (76% in a 2009 study) reported significant problems in accessing a choice of contraceptive methods. In 2009, 45% of married women were estimated to use contraceptive method, i.e. more than half of all married women did not. About three-fourths of these were using female sterilization, which is by far the most prevalent birth-control method in India.


Condoms, at a mere 3% were the next most prevalent method of population control. Meghalaya at 20% had lowest usage of contraception among all States. UP and Bihar reported usage below 30%. Comparative studies have indicated that increased female literacy is correlated strongly with a decline in fertility. Studies have indicated that female literacy levels are an independent strong predictor of the use of contraception, even when women do not otherwise have economic independence. Female literacy levels may be the primary factor that help in population stabilization, but they are improving relatively slowly. A study estimated that it would take until 2060 for India to achieve universal literacy and total fertility rate at the current rate of progress.


Its time to implement 24th recommendation of the Venkatchaliah Commission on Population Control without further delay. Two Child Norm should be as a criteria for government jobs, aids and subsidies, and, may withdraw statutory rights viz. right to vote, right to contest, right to property, right to free shelter, right to free legal aid etc. Government should declare First Sunday of every month as ‘Health Day’ in place of ‘Polio Day’ to spread awareness on population explosion and provide contraceptive pill, condoms, vaccines with polio vaccines to EWS and BPL families.


(Ashwini Upadhyay, Spokesperson BJP)


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