By Abhinav Mishra
The Uttar Pradesh State Law Commission recently unveiled the draft of the Uttar Pradesh Population (Control, Stabilization and Welfare) Bill 2021, which aims to tackle the state's rapidly growing population by advocating for a two-child policy and imposing strict penalties for those who breach it. However, this proposal has sparked controversy as it resembles China's population control laws, which might be deemed appropriate for a communist regime but pose a challenge for a democratic country that values the welfare of its citizens and their right to procreate. Despite China's success in reducing its population growth rate from 2.8% in 1970 to 0.34% in 2021, the recent shift to a 2-child policy and a planned move to a 3-child policy due to a manpower shortage raises questions about the effectiveness of such laws. Whether a democratic government can enforce similar policies remains a critical issue that requires careful consideration of various implementation and scope-related factors.
Let's explore the provisions of the population control bill and its potential impact on citizens. The bill offers some notable incentives to public servants, as detailed in Section 4, which include two permanent additional increments in salary, subsidies for purchasing immovable property, soft loans for house construction or purchase, tax rebates, 12 months of maternity or paternity leave, a 3% increment in the national pension scheme, free health care, and insurance coverage for spouses. These incentives increase if the government official decides to have only one child, as outlined in Section 5, which not only grants them two additional increments in salary but also provides preferential treatment for their child in education and government jobs, potentially violating the principles of reservation.
Regarding benefits for the general public, the bill offers loans, tax rebates, and maternity leave for those adopting a two-child policy, which can amplify to include healthcare facilities, preference in jobs and education, and other benefits if a couple opts for a one-child policy. However, these benefits can only be availed of by couples who voluntarily undergo sterilization surgery on either themselves or their spouse in all scenarios, as outlined in the bill.
Additionally, such laws extend an extra benefit to couples living below the poverty line who adopt a one-child policy and voluntarily undergo sterilization surgery. Under Section 7, such couples can receive a certain amount of money, Rs. 80,000 for a boy and Rs. 1,00,000 for a girl. Offering incentives as a means to implement a policy can be seen as an inadequate approach to governance. While the intention behind the population control bill is to curb the excessive consumption of natural and economic resources, the crucial question remains - is it justifiable to distribute public resources, to which all citizens contribute, to only a select few? The answer to this question is debatable.
The UP-Population Control bill proposes some severe punishments, such as disqualification from contesting local body elections, applying for government jobs, and availing government schemes and subsidies, for those who violate the two-child policy. These punishments can be seen as extreme and may not necessarily address the root cause of the issue.
In inference, while the population control bill proposes some novel incentives for public servants and benefits for citizens adopting a one-child policy, the distribution of public
resources to a select few and the imposition of extreme punishments for violations can be contentious. The effectiveness of such measures remains to be seen, and a broader discussion on population control and its various aspects is necessary.
History of Population Control in India
The history of population control in India is a long and complex one. The history of population control in India can be traced back to the early 1950s when the country faced immense socio- economic challenges due to rapid population growth. The government recognized the need for population control and initiated efforts to raise awareness about family planning through educational campaigns and voluntary sterilization programs. The first government-sponsored family planning program was launched in 1952, and the government has since implemented a number of different policies and programs in an effort to curb population growth.
One of the most controversial phases of population control in India was during the Emergency period from 1975 to 1977. In the early years, the government's focus was on providing information and services to couples about family planning methods. However, in the 1970s, the government, led by Prime Minister Indira Gandhi, shifted to a more coercive approach, with the goal of achieving a target of 2.5% annual population growth implemented a forced sterilization program known as the "Compulsory Sterilization Program" as a drastic measure to curb population growth. This program was widely criticized for its coercive nature and violation of human rights, and the government eventually abandoned it.
In the year 2000, the government of India formulated the National Population Policy to address the issue of population control in a more humane and voluntary manner. The policy aimed to provide accessible and quality reproductive health services, improve female literacy, promote gender equality, and create awareness about family planning methods. In recent years, the government has taken a more comprehensive approach to population control, focusing on a range of factors that contribute to high fertility rates, such as poverty, illiteracy, and gender inequality. The government has also made efforts to improve the quality of family planning services and to make them more accessible to people in rural areas.
As a result of these efforts, the fertility rate in India has declined significantly in recent decades. In 1952, the average woman had 5.6 children. By 2016, this number had fallen to 2.2 children. However, India's population is still growing rapidly, and it is projected to surpass 1.5 billion by 2030. To encourage small families, the government has introduced incentives such as cash rewards, maternity benefits, and preferential treatment in housing schemes for those who adopt family planning measures. Additionally, awareness programs have been conducted to educate people about the advantages of having smaller families, including better healthcare, education, and improved quality of life. India continues to face population-related challenges, including resource scarcity, unemployment, and pressure on healthcare and education systems. The government remains committed to population control through various initiatives such as family planning programs, promoting women's empowerment, and ensuring reproductive healthcare services.
The history of population control in India has witnessed a range of initiatives, from controversial policies to voluntary programs aimed at promoting reproductive health and family planning. While some approaches have faced criticism, the government's focus on voluntary measures, awareness programs, and collaborations with various stakeholders is indicative of its commitment to addressing the challenges associated with population growth in a humane and sustainable manner.
China's Population Control Laws
China's population control policy, also known as the One-Child Policy, was implemented in 1979 and officially ended in 2015. The policy was intended to limit the growth of China's population, which had been rapidly increasing at the time.
Under the policy, most couples were only allowed to have one child. There were some exceptions to this rule, such as for ethnic minorities and for couples who were both only children themselves. However, for the most part, the policy was strictly enforced and couples who had more than one child faced fines and other penalties.
The One-Child Policy had a significant impact on China's population. It is estimated that the policy prevented around 400 million births between 1979 and 2015. However, the policy also had some unintended consequences, such as a gender imbalance (due to a cultural preference for male children) and an aging population.
In recent years, China has relaxed its population control policies in an effort to address these issues. In 2015, the government announced that couples would be allowed to have two children if either parent was an only child. In 2021, the government further relaxed the policy to allow couples to have three children.
Overall, China's population control laws have been controversial and have raised questions about individual rights and government control. While the policy did help to slow population growth, it also had unintended consequences that will continue to shape China's demographic landscape for years to come.
China's population is facing new challenges in the current scenario. The country's population is aging rapidly due to a combination of factors, including a declining birth rate and increasing life expectancy. The aging population is placing a strain on China's social welfare system and could potentially have long-term economic consequences.
In 2020, China's National Bureau of Statistics reported that the country's birth rate had fallen to its lowest level since the founding of the People's Republic of China in 1949. This is partly due to the legacy of the One-Child Policy, which created a demographic imbalance and made it difficult for some couples to have children.
The COVID-19 pandemic has also had an impact on China's population, with some experts predicting a further decline in the birth rate as a result of economic uncertainty and disruptions to healthcare services.
To address these challenges, the Chinese government has taken steps to encourage childbirth and support families with children. In 2021, the government announced new measures to provide financial incentives for families with three or more children, including tax breaks and subsidies for education and housing.
However, some experts argue that these measures may not be enough to reverse the trend of population decline in China. The country's aging population and shrinking workforce could have significant implications for China's economy and global power in the coming decades. As such, China's population issue remains a critical concern for the government and society as a whole.
Policy, Population and India
India is currently the second most populous country in the world, with a population of over 1.3 billion people as of 2021. The country has experienced significant population growth over the last century, from around 238 million in 1901 to over a billion by 2001.
The population growth rate in India has been declining in recent years, but it is still relatively high. As per the Census of India 2011, the population growth rate was 17.64% in the decade of 2001-2011, down from 21.54% in the previous decade (1991-2001). Despite this decrease, India still adds around 15 million people to its population every year.
Population growth in India is a complex issue with social, economic, and political implications. Rapid population growth can strain resources, exacerbate poverty and inequality, and impact the environment. The Indian government has implemented various population control measures over the years, including promoting family planning, providing incentives for small families, and discouraging child marriage. However, the issue remains a significant challenge for the country.
India has implemented various population control measures over the years to address the issue of rapid population growth. Here are some of the major population control laws in India:
National Family Planning Program[1]: The National Family Planning Program was launched in India in 1952 to promote family planning and birth control measures. The program provides education and services on family planning, including contraceptives, sterilization, and abortion[2].
Medical Termination of Pregnancy (MTP) Act, 1971[3]: The MTP Act legalized abortion in India under certain conditions, including the physical or mental health of the mother and the risk of birth defects in the child.
Pre-conception and Pre-natal Diagnostic Techniques (PCPNDT) Act, 1994: The PCPNDT Act prohibits the use of pre-natal diagnostic techniques for sex determination and sex-selective abortions. The act also provides for the regulation of genetic counseling centers and clinics.
Child Marriage Restraint Act, 1929: The Child Marriage Restraint Act prohibits child marriage in India. The act sets the minimum age for marriage at 18 years for women and 21 years for men.
Beti Bachao Beti Padhao (BBBP) Scheme: The BBBP Scheme was launched in 2015 to address the issue of declining sex ratios in India. The scheme promotes the education and empowerment of girls and aims to improve the status of women in society.
Overall, India has implemented a range of population control laws over the years to address the issue of rapid population growth. However, the effectiveness of these measures remains a topic of debate, and population growth continues to be a significant challenge for the country.
As of now, there is no nationwide two-child policy in India, but some states have implemented their own versions of the policy. For instance, in 1992, Rajasthan became the first Indian state to introduce the two-child policy as a means of controlling population growth. Under this policy, government employees with more than two children were not eligible for promotions, and they were also denied other benefits like maternity leave.
Similarly, in 2017, Assam introduced a two-child policy for government employees, according to which anyone with more than two children was not eligible for a government job. Some other states like Madhya Pradesh and Andhra Pradesh have also considered implementing the two-child policy in the past.
However, it is important to note that such policies have been controversial, with some critics arguing that they violate people's reproductive rights and may lead to discrimination against women and certain social groups. The Indian government has also not officially endorsed the two-child policy as a national strategy for population control.
Population control laws, such as the Uttar Pradesh Population (Control, Stabilization and Welfare) Bill 2021, have been criticized for violating the right to equality. The bill promotes a two-child policy and offers incentives and benefits to those who follow it, while imposing punishments on those who violate it.
One of the key concerns is that such policies discriminate against certain groups, particularly those from lower socio-economic backgrounds who may not have the resources to adhere to the policy. Incentives such as subsidies for housing or loans for education may not be accessible to everyone, creating an unequal playing field. Additionally, offering preferential treatment for those who adhere to the policy can also be seen as a form of discrimination, especially if it affects employment or education opportunities.
Another concern is that such policies can also perpetuate gender inequality, particularly if they favor male children over female children. For example, the Uttar Pradesh bill offers a higher amount of financial assistance for families who have a girl as their first child compared to a boy, which can reinforce the discriminatory practice of son preference.
Overall, population control policies must be designed and implemented carefully to ensure that they do not infringe upon the right to equality and do not perpetuate discriminatory practices.
Merit of two-child policy:
It can help to control population growth, which can have several positive effects such as reducing the burden on resources, curbing unemployment, and improving the standard of living for citizens.
It can also help to reduce the strain on the environment, as a smaller population means fewer demands on natural resources and less pollution.
Demerit of two-child policy:
It can be seen as an infringement on personal freedoms and reproductive rights, as it restricts the number of children a couple can have.
Can lead to gender bias and discrimination, as families may favor male children over female children in order to meet the two-child limit
It can also lead to social issues such as a skewed sex ratio and a potential decrease in the workforce, which can have negative economic consequences.
The Uttar Pradesh Population (Control, Stabilization and Welfare) Bill 2021 is a proposed legislation aimed at controlling the population growth in the state of Uttar Pradesh, which has the largest population in India. The bill promotes a two-child policy and proposes to impose some hefty punishments for people violating it. One of the positive aspects of the bill is that it offers incentives to government employees who voluntarily adopt the two-child policy, including additional increments in salary, subsidies towards the purchase of immovable property, and maternity or paternity leave of up to 12 months. The bill also provides benefits to the general public, including loans, rebate on tax, and maternity leave for those who adopt the two-child policy voluntarily.
However, there are several criticisms of the bill. Firstly, the bill may be seen as an infringement on personal freedoms and reproductive rights, as it restricts the number of children a couple can have. Additionally, it may lead to gender bias and discrimination, as families may favor male children over female children in order to meet the two-child limit. Another criticism of the bill is that it may disproportionately impact the poor and marginalized sections of the society who may lack the resources to access contraceptives or may have a cultural preference for larger families. The bill also proposes to disbar people who violate the two-child policy from contesting local body elections, applying for government jobs, and availing government schemes and subsidies, which can lead to further marginalization and exclusion of certain sections of the population.
Conclusion
In conclusion, while the Uttar Pradesh Population (Control, Stabilization and Welfare) Bill 2021 has some positive aspects, it also has several potential negative consequences that need to be carefully considered before implementing such a policy.
The author of this article is Abhinav Mishra, Assistant Professor of Law, Institute of Legal Studies, Shri Ramswaroop Memorial University, Lucknow.
[1] Ministry of Health & Family Welfare, National Family Planning Program, (1952).
[2] Muttreja P, Singh S. Family planning in India: The way forward. Indian J Med Res. S1-S9(2018).
[3] Medical Termination of Pregnancy Act, 1971.
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