Plea to control 'population explosion' through Central law: Supreme Court seeks Centre's response

The Supreme Court on Monday sought the Central government's response in a plea calling for a law to check the 'population explosion' in the country. (Devkinandan Thakur v. Union of India and ors)

A Bench of Justices S Abdul Nazeer and JK Maheshwari issued notice in the matter and tagged it with a similar filed by BJP leader and advocate Ashwini Upadhyay.

"Population explosion is the root cause of 50% problems but Centre did nothing. Hence, the PIL," the plea reads.

The petition, filed through Advocate Ashutosh Dubey, seeks a writ of mandamus to be issued to:

• Direct the Centre to ascertain the feasibility of enacting a stringent population control law in order to secure fundamental rights mainly rule of law, right to air, right to water, right to food, right to health, right to sleep, right to shelter, right to livelihood, right to justice and right to education guaranteed under Articles 14, 19, 21, 21A;

• In the alternative, direct the Law Commission of India to examine the population control laws and population control policies of the developed countries and suggest the population control steps in order to secure the fundamental rights...

The pleas raise grievance with a December 2020 statement by the Central government where it said that it was against coercive family planning.

The effect of multiple pregnancies on the health of mothers and babies, as also the significant population of the poor in the country, are highlighted as reasons why a central population control law is necessary.

Only tax-paying citizens are following the formula of two kids per family, but not those getting the benefits of taxpayer-funded subsidies, the plea contends. Family planning and use of contraceptives cannot remain optional for them, the plea states.

"Population explosion is the root-cause of theft, dacoity and snatching, domestic violence, physical and mental harassment of women and separatism, fanaticism, stone pelting etc. From a survey, conducted on thieves, dacoits, snatchers, rapists’ mercenaries, it is apparent that about 80% criminals and offenders are such that their parents have not followed policy of “Ham Do – Hamare Do”."

The Supreme Court is "entitled to evolve the New Principles of Liability" to guarantee the remedy of enforcement of fundamental rights, and do complete justice to anyone aggrieved, the plea states.