SC Advocate Petitions High Court seeking Population Control Law; Representation sent to PM and HM
   11-Jul-2019

 
Supreme Court Advocate Ashwini Kumar Upadhyay has petitioned the High Court of Delhi seeking a Population Control Law in the country. Ashwini Upadhyay in his petition has stated that Indian population has reached 152 crores and not 130 crores as believed. This includes 122 crore Indians with Aadhar card, 25 crore who are without the Aadhar card and about 5 crore Bangladeshi and Rohingyas who illegally reside in the country. Population explosion is the root cause of most of our problems including shortage of water, forests and land, Roti, Kapra and Makan (Bread, clothes and house), poverty and unemployment, hunger and malnutrition and air, water, soil and sound pollution, states the petition.
 
The petition further states that 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 the basic cause of more than 50% problems of India, claims the petition.
 
The Executive has not appropriately formulated and successfully implemented policies to control population explosion. There is no aggressive sterilization campaign, either. The National Commission to review the working of the Constitution (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 way back in 2002. But, Government has not implemented NCRWC proposals.
 
Hence, the petition urges the High Court to direct the Union of India to ascertain the feasibility of implementing 24th recommendation (addition of Article 47A to the Directive Principles of State Policy) of NCRWC. 
 
Representations to Prime Minister and Home Minister  

 
 
Advocate Ashwini Upadhyay has also sent representaions to both PM and HM urging the government to implement NCRWC recommendation on Population Control. In his representaion, Ashwini states that the nation presently is under severe stress for its resources due to an exorbitant and uncontrolled explosion of population in the country. Stabilizing population growth is an essential requirement for promoting sustainable development with more equitable distribution. Population is inter-connected with poverty and pollution and it has become a major challenge for our Country, he states in the letter to the PM and HM.
 
The representation requests the government to add Article 47A to the Directive Principles of State Policy in line with the 24th recommendation of the NCRWC, and make ‘Two Child Norm' a mandatory criteria for constesting elections, government jobs, government aids and subsidies. He also requests the government to take steps to withdraw constitutional, statutory, legal and other rights, aids and subsidies and punish those who refuse to adhere ‘Two Child Norm'. 
 
Synopsis of the Petition to the Delhi HC seeking Population Control Law 
 
At present, 122 crore Indians have AADHAAR Card, around 20% viz. 25 crore citizens (particularly children) are without AADHAAR, and around 04 crore Bangladeshi and 01 crore Rohangiya intruders, illegally reside in India. From this, it is evident that the total population of our country is around 152 crore instead of 130 crore and we have marched much ahead of China. If we calculate natural resources, then we have only 2% of agriculture land of the total land and only 4 % drinking water. However, our population is 20 % of the world. If we compare with China then our agricultural area is only one-third of China and the rate of population growth is three times that of China. In China 11 children are born every minute and in India 33 children are born every minute.
 
Population explosion is the root cause of most of our problems including shortage of water, forests and land, Roti, Kapra and Makan (Bread, clothes and house), poverty and unemployment, hunger and malnutrition and air, water, soil and sound pollution. It is also the 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 the basic cause of more than 50% problems of India.
 
We celebrate the International Day for the Elimination of Violence against Women on 25 November every year, but violence on women is increasing and the 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 the 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 population control law, based on the Model of China, is urgently required.
 
Population explosion is also the root cause of the 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 also the 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.
 
We celebrate National Pollution Control Day on 2nd December and we have made immense efforts to control pollution. But, air, water, soil and sound pollution is constantly increasing due to population explosion. Therefore, success of Clean India and Healthy India Campaign is doubtful in the absence of a strict population control law.
 
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 girl child 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.
 
The 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 had initiated the rule of Ham Do- Hamare- Do, and for giving clear message to common man, he along with his brothers Laxman, Bharat and Shatrughan, followed “Ham Do–Hamare Do", though, problem of population was not so dangerous. Population explosion is more dangerous than bomb explosion and without implementing effective population control measures, Healthy India, Literate India, Prosperous India, Resourceful India, Strong India, Secured India, Sensitive India, Clean India and Corruption and Crime-Free India campaign won’t succeed.
 
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.
 
The NCRWC 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.
 
As long as 02 crore homeless people would be given homes, more than 10 crore homeless children will born. Many Legislators, intellectuals, sociologists, environmentalists, educationists, judges, 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. The proposals related to Electoral and Admin Reform and implementation of fundamental duties is pending till date. So, recommendations rendered by the NCRWC should be put on the floor of the House and extensive discussion should be held, particularly on the population control.