'Not For This Court To Interfere'- SC Refuses To Entertain Plea Seeking Two-Child Norm And Implementation Of Population Control Policy Across The Country

A bench of Justices S K Kaul and A S Oka dismissed the IA on account of being withdrawn by the petitioner and stated that the prayers sought for in the Application was outside the purview of the court and was best left for the government to consider.

Earlier, during the arguments, Justice SK Kaul inquired from the petitioners - how do we get into the enacting of a legislation

Petitioner-in-Person Ashwini Upadhyaya - We are seeking for a report to be made on the subject by the Law Commission

Justice SK Kaul - You are essentially seeking for a two child norm to be mandated. Let the legislature do it. It is not the court's task

The Bench also further remarked - What can the Law Commission do about this? It's a social issue. Let the government take this into account

Justice A S Oka at this point pointed out the prayers made in the plea by the petitioners. He said, "You have made all sorts of prayers like declare Sunday as National Population Day…How can Law Commission get into all this. Is this the Law Commission's task?"

Petitioner-in-Person Ashwini Upadhyaya pointed out before the court that the matter was of grave importance as it related to the huge rate of population growth in the country and the perils that our country faces because of the same. He also pointed out several data relating to population growth.

At this point, Justice S K Kaul stated that "I have read enough material on this suggesting that our country's population is on the declining trend as opposed to several other countries where the situation is getting worse."

Justice Kaul further observed that the issue was not for the court to consider and that there should be some reasonableness in understanding what's the court's job. He said, " We will not touch the issue. This is the government's job."

On the matter being further pressed by the petitioner, the court, visibly disappointed, remarked "Don't make us say why such petitions are filed. We are not going to pass any orders. We need to restrain ourselves. You want publicity, it's; not our job to give you publicity. We don't want this subject to be dealt before us. Period!"

Appearing for the Union, the Solicitor General of India Tushar Mehta submitted before the court that the Central Government was doing everything within its capabilities to control the rise in population.

It is to be noted that the IA was filed by the petitioner in the SLP (C) No. 27597/2019 praying for the following directions from the court:

A. direct the Centre and States to frame stringent and effective rules regulations and guidelines to control population explosion in order to secure fundamental rights viz. right 

to clean air, right to clean water, right to food, right to health, right to peaceful sleep, right to shelter, right to livelihood, right to education and right to dignity;

B. direct the Centre and States to ascertain the feasibility of making Two Child Norm as a mandatory criterion for government jobs, aids, subsidies as well as right to vote, right to contest and right to free shelter;

C. direct Centre and States to declare First Sunday of every month as 'Population Control Day'(Like Polio Day) in order to spread awareness on population explosion and provide condoms vaccines contraceptive pill etc. to EWS and BPL parents ;

D. In the alternative, direct the Law Commission of India to examine population control laws and policies of the developed countries and prepare a comprehensive Report within three months.

Case Title: Ashwini Kumar Upadhyay vs. Ministry of Health & Family Welfare SLP (C) No. 27597/2019

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