This article written by Eleen Gupta, Intern at Rana & Rana Law Firm.
HISTORY BEHIND THIS BILL:
On the occasion of World Population Day, the Uttar Pradesh government unveiled the Population Policy 2021-2030. The Chief Minister of Uttar Pradesh, Mr. Yogi Adityanath emphasised on the fact that time and again concerns have been raised about the increase in population and discussions in regard to this have been going on since last four decades. Further, he said that the aim behind this bill is stabilising the population in the state as well as reducing maternal and infant deaths in a time-bound manner as according to him the rising population is a "hurdle in development”.
Through this bill, in the next ten years the Uttar Pradesh Government is aiming to reduce the growth rate to 2.1 percent. The Uttar Pradesh Government while implementing this policy kept in mind all sections of the state.
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NECESSITY OF THIS BILL:
There are few reasons which makes this bill a necessity in the state of Uttar Pradesh, such as:-
⇛1. - To control and stabilise the population of the state for the promotion of sustainable development with more equitable distribution.
⇛2. - To ensure healthy birth spacing through measures related to augmenting the availability and accessibility.
⇛3. - Affordability of quality reproductive health services to achieve the goal of population control, stabilisation and its welfare in the state.
⇛4. - Rising population is the root cause of major problems including inequality and two-child policy will help in reducing the population.
⇛5. - To achieve population stabilisation and reduce preventable maternal and infant deaths.
⇛6. - To prevent the death of children under the age of 5 years and improving their nutritional condition.
⇛7. - To bring down the gross fertility rate among women to 2.1 by 2026 and to 1. 9 by 2030.
⇛8. - To make comprehensive arrangements for the care of the elderly, apart from better management of education, health, and nutrition of adolescents between 11 to 19 years.
⇛9. - In Uttar Pradesh, there are limited ecological and economic resources at hand. It is necessary and urgent that the provision of basic necessities of human life including affordable food, safe drinking water, decent housing, access to quality education, economic/livelihood opportunities, power/electricity for domestic consumption and a secure living is accessible to all citizens.
HOW THIS BILL WILL OPERATE/ WORK:
Before knowing the working of this bill, it is important to know upon whom this bill will apply to. The provisions of this legislation will be applied to a married couple where the age of the male is above 21 years old and the female is not less than 18 years. Further, this Act will be in addition and not derogation to any other law. By notification in official gazette, the Government may make rules for carrying out the purpose of this Act.
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Below is the manner in which this bill will operate:-
⇛1. - A fund will be made by the state for the implementation of this bill called ‘State Population Fund.
⇛2. - At all primary health centres, maternity centres will be set up.
⇛3. - Contraceptive pills and condoms will be distributed by the centre and various NGOs at reasonable rates. The community health workers will spread awareness about family planning methods.
⇛4. - In all secondary schools, a compulsory subject with regard to population control will be introduced.
⇛5. - Vitamin and iron capsules will be distributed amongst the mothers who are expecting a child.
⇛6. - Under Family Planning Program efforts will be made to increase the accessibility of contraceptive measures and along with this a proper system for safe abortion will be provided.
⇛7. - It will be ensured that mandatory registration of pregnancies, deliveries, births and deaths across the state will be done.
⇛8. - Regular vaccination and immunization drives will be done to protect the children from health risks.
⇛9. - Efforts will be undertaken to encourage husband-wife communication as well as participation of males in family planning matters.
⇛10. - Village level societies will be made to educate about importance of girl child as well as gender equality.
⇛11. - If after sterilization a child dies or has permanent disability, then the Government will pay for the expense of reversing the operation.
⇛12.- Through the above ways and improved health facilities, efforts are to be made for population stabilisation by providing accessible solutions to impotence/infertility and reducing the new-borns’ and maternal mortality rate.
⇛13. - If someone has multiple birth out of the second pregnancy after having one child from first pregnancy, it will not mean that they went against the two-child policy.
⇛14. - Also, if a couple has two children out of the marriage and adopt the third one, then they will still get the benefit of this bill.
⇛15. - If either or both children of a couple suffer from a disability and then they have a third child, this action will not be in contravention to the two-child policy. Similarly, if either or both children dies and the couple has a third child, the couple will still get the benefit under this bill.
⇛16. - If a couple has two children already and have a third one, one year after commencement of this Act, then it will not be in contravention to the policy of two-child. But it is important to know the three children is the maximum limit unless there is multiple birth out of single pregnancy.
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INCENTIVES
The people who will follow this policy of two-child will be getting various incentives, namely:-
⇛1. - The employees who stick to the population control norms and have two or less children will get perks such as promotions, concession in housing schemes and increments. According to government's draft population control bill, ‘Public servants who adopt the two-child norm will get two additional increments during the entire service, maternity or as the case may be, paternity leave of 12 months, with full salary and allowances and three percent increase in the employer's contribution fund under the National Pension Scheme and further they will get rebate on charges of utilities. Along with this soft loans for the construction will be given to an individual at minimal rates and insurance coverage of the spouse will also be provided.
⇛2. - If a public servant has one child and along with this, he or the spouse undergoes voluntary sterilization operation, the draft states that two additional increments during the entire service, the child will be eligible for free medical facilities till the age of 20 as well as insurance coverage, the child will also get preference for admissions, Government jobs and scholarships.
⇛3. - People who aren’t public servants but are still adhering to the policy of two-child, will get benefit with respect to rebates in taxes on water, housing, home loans etc, paternity/maternity leave and soft loans. Whereas if they go for single child and sterilization, then the child will be eligible for free medical facilities till the age of 20 as well as insurance coverage, the child will also get preference for admissions, Government jobs and scholarships.
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⇛4. - If after the sterilization a couple where the woman operated on or the wife of the man operated on becomes pregnant even after such operation, then claims for compensation to be paid at the expense of the Government. Even if the individual fails to plead his case or if he shows that the operation was unsuccessful due to negligence on part of the hospital, then 50,000 Rupees will be paid. And the child born here, will not amount to breach of two- child policy.
⇛5. - If the couple is below poverty line and undergo voluntary sterilization operation when they have only one child, then if the single child is a boy, then 80,000 Rupees will be given to the couple whereas for a girl, it will 1,00,000 Rupees. And this amount will be given in lump-sum.
As shown above, this draft bill incentives the couples who follow the two-child policy but the people who have over two children are excluded from getting various benefits such as subsidies, welfare schemes sponsored by the Government, debarred from contesting local bodies polls as well as they will not be allowed to work as Government officials. Further, the bill prohibits people who have two children from getting promotion in a government job.
If someone has more than two children then the ration card would be limited to four members. In a polygamous marriage if the actions of the husband are contravening with the two-child policy, he will not get the benefits provided under this Act, but the wife and children will still get the benefits. If the wife’s action is contravening, then she will have to face the disincentives under this Act. If a husband had more than one wife in a polygamous marriage and his children are more than two in total of all the marital relationships, then his actions will be in contravention to this Act. For this provision each child out of one pregnancy will be counted separately. Similar procedure will be there if the wife has more than one husband
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