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The Delhi High Court yesterday issued notice in a plea seeking a direction to the Central Government to ascertain the feasibility of implementing the recommendations of the National Commission to Review the Working of the Constitution (NCRWC) on population control in India.
The petition preferred by advocate Ashwini Kumar Upadhyay was listed for hearing before a Division Bench of Chief Justice Rajendra Menon and Justice Brijesh Sethi.
“Just tell us what action has been taken (after the Commission’s findings)“, Justice Menon said while issuing notice.
Upadhyay has contended that although the NCRWC, headed by Justice MN Venkatachaliah, had suggested the formulation of a Population Control Law in India, the same is yet to be implemented.
“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 petition is filed on the premise that “population explosion” is the root cause of most problems including shortage of water, forests and land, Roti, Kapra, Makan, poverty and unemployment, hunger, malnutrition, pollution, and corruption.
“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 root cause of theft, dacoity and snatching, domestic violence, physical and mental harassment of women and separatism, fanaticism, stone pelting etc.”,
The petitioner further submits,
“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.”
The petitioner has also stated that population explosion was the cause behind violence against women.
“…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.”
As per the petitioner’s estimation,
“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.”
Considering the above, the petitioner has also sought the adoption of “Two Child Norm” as a criterion for government jobs, grant of subsidies, exercise of several statutory rights such as the right to vote, right to contest, right to property, right to free shelter, right to free legal aid etc.
It has further sought a direction to declare the 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 etc to economically weaker sections of society and below poverty line families.
In the alternative, a direction to the Law Commission of India to prepare a comprehensive report on Population Explosion within three months has been sought.
The matter will be heard next on September 3.