Draft UP Population Control bill proposes bar on couples who beget more than two children from availing welfare schemes, contesting local polls

The Uttar Pradesh State Law Commission has placed a draft of Uttar Pradesh Population (Control, Stabilisation and Welfare) Bill, 2021 in public domain inviting suggestions from public at large. .The draft bill has proposed that any couple who procreates more than two children after the commencement of this Act, shall be subject to the following disincentives:- Debarring from benefit of Government sponsored welfare schemes; - Limit of ration card Units upto four;- Bar on contesting election to Local Body etc. .A clarification has been given under Section 17 that those married couple who are expecting a child at the time of commencement of this bill/act shall not be deemed to be in contravention of the two child norm.Hence, the general exceptions under the bill includes Multiple Birth out of Second Pregnancy (13)Adoption (section 14)Disability of the first or second child (section 15)Death of the child (section 16)Married couple expecting a child at the time of commencement of this Act (section 17).Object of the billThe Object of the Bill is to control, stabilize the population of the State for promotion of sustainable development with more equitable distribution. Further, it also states that it is necessary to provide for measures to control, stabilize and provide welfare to the population of the State by implementation and promotion of two child norm per eligible couple in the State by means of incentives and disincentive..The provision of the bill would applicable to a married couple where the boy is not less than twenty-one years of age and the girl is not less than eighteen-years of age. .Definition of married couples Section 3(5) of the bill states that the term "married couples" means a married couple, the marriage of which has been solemnized legally and where the boy is not less than twenty-one years of age and the girl is not less than eighteen years of ageFurther, the explanation clause reads that in cases, where the religious or personal law governing an individual allows for polygamous or polyandrous marriage, there may be a set of married couple, each of which shall consist of one man and one woman only, though the husband or wife, may be common in each set. .Incentives to Public servants (Section 4)The bill states that those public servants under the state government who adopt the two-child norm by undergoing voluntary sterilization operation upon himself or spouse, shall be given following incentives.(a) two additional increments during the entire services. (b) free health care facility and insurance coverage to the single child till he attain the age of twenty years. (c) preference to single child in admission in all education institutions, including but not limited to Indian Institute of Management, All India Institute of Medical Science etc.(d) free education up-to graduation level.(e) scholarship for higher studies in case of a girl child.(f) preference to single child in government jobs.(g) such other benefits and incentives, as may be prescribed.Any individual other than public servant, who adopts two-child norm by undergoing voluntary sterilization operation upon himself or spouse, shall be given the incentives and benefits as provided under clause (c) (preference to single child in admission in all education institutions) clause (d) (free education up-to graduation level) and clause (e) (scholarship for higher studies in case of a girl child) of Section 4, and such other benefits and incentives, as may be prescribed..Special Benefit to Couple Living under the Below Poverty LineSection 7 of the bill states that a couple living below the poverty line, having only one-child undergoes voluntary sterilization operation upon himself or spouse shall be eligible for payment from the government for a one-time lump-sum amount of rupees eighty thousand if the single child is a boy, and rupees one lakh if the single child is a girl..Bar on contesting election to Local Body Section 9 of the bill restricts any candidate from contesting elections if it is found he/she/they have violated the two-child policy."Notwithstanding anything contained in any election law for the time being in force, whosoever, after the commencement of this Act, in contravention of two child norm procreates more than two children shall be ineligible to contest elections to local authority or any body of the local self-government.".Bar on applying to government jobsSection 10 of bill restricts employees for applying in government jobs if it is found he/she/they have violated the two-child policy. "Notwithstanding anything contained in any law dealing with employment of government employees for the time being in force, whosoever, after the commencement of this Act, in contravention of two child norm procreates more than two children shall be ineligible to apply for government jobs under the the State Government."However, it shall not be applicable to individuals who are already working as a government employee under the State government. It further states that every government employee under the State government, having more than two children at the time of commencement of this Act, have to furnish undertaking to the effect that they shall not act in contravention to the two-child norm..Bar on Promotion in government services and receiving any government subsidy Section 11 of the bill restricts any promotion of the employee in the government services if the two child policy is not followed. "Notwithstanding anything contained in any law dealing with employment of government employees for the time being in force, any employee of the government jobs under the State Government, after the commencement of this Act, in contravention of two child norm procreates more than two children shall be ineligible to get promotion in government services."Further, Section 12 bars on receiving any kind of government subsidy from the State. It states that if the said individual is violating the two child policy norms, he/she/they shall be ineligible to receive any kind of government subsidy.The suggestions on the draft bill have to be sent through e-mail – statelawcommission2018@gmail.com or by post, latest by July 19, 2021. .[Read Bill]