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POPULATION CONTROL BILL DRAFT 2021: A SIMPLE UNDERSTANDING INTO SIGNIFICANT AREA RECIPIENT TO PUBLIC

Updated: Jul 29

Author: Sathvik Reddy Sudireddy, III year of B.A.,LL.B(Hons) from Amity Law School,Noida.


Firstly,Population of State of Uttar Pradesh is 20.42 crores(2011) that is very nearly 1/6 of India in a state alone and surprisingly higher than numerous nations like Russia,Germany,France and UK combined.


The factor of this populace makes the administration troublesome on an enormous extent.Many fundamental offices like water,food availability,housing,education aren't arriving at grass root level at cost of this huge population.


Here we will discuss proposed UP Population control Bill which aims to curb this issue.


This Bill mainly consists of 6 parts or Chapters with 30 sections in total.As it is a lengthy bill we will know about important sections and its benefits.


Date of policy to get Drafted: 19th July,2021


Proposed by: UP state Law Commission under Aditya Nath(State Law Commisssioner)


Bill mainly aims at married couples both in and extends to the jurisdictions limits of the state Uttar Pradesh.It shall come under enforcement after one year from the date of publication in the official gazette.


Keywords in the Bill: (Identified from all of 30 sections)

Act,Disability,Fund,Local Authority,Married Couple,Public Servant,Public corporation,Multiple birth,Polygamy,Polyandry.


Note: Bill says that personal law governing X allows polyandry.X has two husbands Y and Z. X and Y shall be counted as one married couple and X and Z as another married couple.


Section 4 of this Act says that public servants under the control of state govt who adopts two child norm by undergoing voluntary sterilization operation upon him/her shall be entitled to:


(a)Two additional increments during service

(b)Subsidy towards purchase of house/house site

(d)Rebate on charges for utilities like water,electricity,house tax.

(e)Maternity/Paternity paid leave for a period of 12 months.

(f) 3% increase in employment contribution fund.

(g)Free healthcare facility and insurance to spouse


Now let us know additional incentives public servants if they follow only one child norm get under Section 5 of the Bill(only more important ones)

(b)Free health care facility and insurance cover to child till age of 20.

(d)Free education till graduation level

(e)Scholarship for higher education in case of girl child.


Section 6 talks about extention of incentives to public

Subsection(1)Those who follow two child policy will get soft loan on nominal interests for house,rebate on utility charges,Maternity/paternity leave

Subsection(2)Those who follow one child norm will get incentives additional to mentioned in (1) with free healthcare and insurance,educational preference,scholarships for girl child and preference in govt jobs.


Section 7 talks abouts special benefit to people under BPL will get a sum of 80K for boy and 1 Lakh for a girl in lumpsum.(one child norm)


Section 8 is a key one as it talks about revocation of incentives who in contravention of bill procreates more than 2 children


(i)Debarred from govt sponsored welfare schemes (j)Limit of ration cards upto 4


Section 9 – Bar on contesting in elections to local body or any form of local government.Here subsections 2 and 4 are vital.

(2)Every member of the body should provide an undertaking that they shall’nt act in contravention to the two child norm.

(4)If any member fails to furnish (2) he will be dismissed on immediate effect and barred from further contesting in any form.


Section 10 – Bar on applying to government jobs its important (2) says undertaking should be taken at the time of commencement of service and if already had more than 2 children before the draft of bill doesn’t apply.


Similarly both Section 11 and Section 12 talks about bar on promotion in govt services and bar on receiving any kind of govt subsidy respectively.(Section 12 applies to common citizens as well).

Part- 3 (General Exceptions)

It mainly focuses on multiple birth and adoption of child.


Section 13 - Multiple Birth out of Second Pregnancy- An action of an individual shall not be deemed to be in contravention of the two child norm under this Act, if she is having a child born out of the first pregnancy, subsequently have more than two children, as a result of multiple birth subsequently out of the second pregnancy.


Section 14- Adoption - An action of an individual shall not be deemed to be in contravention of the two child norm under this Act, if he or she having two children conceived from his marriage adopts a third child under The Hindu Adoption and Maintenance Act, 1956 or The Juvenile Justice Act, 2015, The Guardians and Ward Act, 1890 or any other law for the time being in force dealing with adoption in India.


Note I - This section shall apply “only for individuals who have two children born out of their marriage and have opted for an adoption of a third child”.


Note 2 -This section shall not apply to

individuals having no child or one child born out of his marriage, and subsequently has more than two children, as a result of adoption.”


Section 15 - Disability of the first or second child- An action of an individual shall not be deemed to be in contravention of the two child norm under this Act, if the either or both of his children born out of the earlier pregnancy suffer from disability and the couple conceives a third child subsequently.


Clarification - The term inability for the reason will have same importance as the term individual with incapacity characterized under Section 2 (t) of the Rights of Person with Disability Act,2016.Provided that for no situation will the absolute number of youngsters under this segment will be more than three, besides in situations where there has been various birth.


Conclusion:

To oversee state like U.P which traverses tremendous variety contrast per 50 km2,its nearly impossible,I feel this bill is vital for the following a long time from 2021-30 as though we see today practically half beneath the period of 30.It is imperative to keep up with the demographic equilibrium of the state which assumes a significant part in the financial exercises and social childhood in straightforward terms HDI of the state.For India to become GDP of "5 trillion dollars" U.P has a significant task to carry out in with its young populace and rising globalization not at all like its present result of 250 billion dollars ought to get to 1 trillion dollars alone this bill is vital for the advancement both socially and monetarily.


Reference

https://www.bbc.com/news/world-asia-india-57801764

https://crida.in/up-government-two-child-policy-population-control-bill-draft-pdf/