Delhi HC Rejects PIL Seeking Population Control Measures Such as Two-Children Policy

Delhi High Court dismissed a PIL seeking directions to be issued to the government to take measures for population control, including the two-children policy.

The Division Bench of Justice DN Patel and Justice Hari Shankar refused to entertain the plea citing that making any policy on child control is the prerogative of the government.

Advocate Ashwini Upadhyay, who filed the present PIL, had prayed for the following:

1. Direct the Union of India to ascertain the feasibility of implementing 24th recommendation of National Commission to Review the Working of the Constitution (Justice Venkatchaliah Commission) on Population Control;

2. Declare that State may set Two-Child Norm, as a criteria for government jobs, aids and subsidies, and may withdraw statutory rights viz. right to vote, right to contest, right to property, right to free shelter, right to free legal aid

3. Direct the Law Commission of India to prepare a comprehensive Report on Population Explosion within three months and suggest ways to control it.

The Petitioner also argued that rising population is a root cause of corruption and also a major reason behind rising crimes in the country. Moreover, without population control, welfare schemes of the government such as 'Save the Girl Child' or 'Swachh Bharat' would not succeed.

While noting that any making any law on population control to be the domain of the legislature, the Bench opined that:

'Law is nothing but the desire of the people and the desire of people is concentrated in the Parliament and the State Legislature.'

The court also rejected the claim of issuing directions to the government for implementing the two-children policy by saying that if such petitions are allowed, the court will be burdened with work that should actually be done by the various departments of the government.

With PTI inputs