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SC Refuses To Entertain Plea Seeking Two Child Policy & Guidelines To Control Rise In Population
On Friday, the Supreme Court refused to hear a call to seek guidance to develop strict and effective rules, regulations and guidelines aimed at controlling the country's population boom and identifying the feasibility of making the Two-Child Standard a mandatory test for government jobs, support, and grants. such as the right to vote, the right to protest and the right to freedom of refuge.
A panel of magistrates SK Kaul and A S Oka dismissed the IA due to the plaintiff's withdrawal and said the prayers requested in the petition were beyond the jurisdiction of the court and were best left to the government's consideration.
Earlier in the oral argument, Justice SK Kaul asked the petitioners - how can they participate in the enactment of the law
Personal plaintiff Ashwini Upadhyaya - We ask the Law Committee Justice SK Kaul to make a report on this topic - You're essentially trying to enforce the two-child standard. Let the legislator take care of it. It is not the duty of the court
The bench also further commented - What can the Law Commission do about this? It is a social problem. Let the government take note
Judge A S Oka emphasized at this stage the petitioners' prayers. He said, “You've done all kinds of prayers like declaring Sunday as National Population Day… How could the Law Commission have a hand in all of this? Is this the duty of the Judiciary Committee?
The petitioner personally Ashwini Upadhyaya pointed out in court that the issue is of great importance as it relates to the country's excessive population growth and the dangers our country is facing. face for it. He also highlighted some data related to population growth.
At this point, Judge SK Kaul said, "I've read enough material on this to show that our population is on a downward trend, unlike some other countries where the situation is getting worse and worse."
Kaul J. further commented that the court is not the one considering the matter and that it is reasonable to understand the work of the court. He said, “We won't go into the matter. This is the job of the government.
On the matter still being pressed by the plaintiffs, the court, clearly frustrated, commented "Don't force us to say why such petitions are filed. We will not pass any ban, we have to restrain ourselves. You want publicity, that is; We do not advertise for you. We don't want this topic to be tackled in front of us. Stop it!"
Appearing before the Union, Solicitor General of India Tushar Mehta argued in court that the central government was doing everything in its power to control population growth.
It should be noted that The IA filed by the plaintiff in SLP (C) No 27597/2019 requests the following guidance from the court:
A. directs the Center and the States to develop rigorous and effective rules and guidelines to control overpopulation to secure basic rights, viz. the right to
clean air, the right to drinking water, the right to food, the right to health care, the right to sleep, the right to shelter, the right to a means of subsistence, the right to education and the right to respect dignity;
B. directs the Center and the States to verify the feasibility of making the Two-Child Standard a mandatory criterion for employment, government assistance, subsidies as well as the right to vote and protest. and the right to free housing;
C. Directs Central and State to declare the first Sunday of each month as "Population Control Day" (same as Polio Day) to raise awareness of overpopulation and provide condoms latex, vaccines, birth control pills, etc. parent of SAP and BPL;
D. In addition, order the Law Commission of India to review the population control laws and policies of the developed countries and prepare a comprehensive report within three months.
