Supreme Court issues notice to Center regarding population control petition

The Supreme Court on Monday asked for the central government’s response to a request for population control. The petition was filed by a Hindu leader based in Mathura, Devkinandan Thakur Ji. He asked the Supreme Court to order the central government to check the feasibility of enacting a strict population control law.

Thakur Ji argued that a law like this would guarantee the basic rights of citizens, as the population explosion has caused injuries to women in the country.

He noted that the right to clean air, clean water, health and livelihood guaranteed by Articles 21 and 21A cannot be guaranteed without effective population control.

He pointed out that the impact of repeat pregnancies on women was rarely highlighted outside of the slots. The incidents of grand multiparty, which is defined as more than four live births, in developing countries like India was 20% while it was only 2% in developed countries.

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BJP leader and senior lawyer Ashwini Upadhyaya also filed a similar petition in the Supreme Court in 2020. He argued that the population explosion was more dangerous than a bomb blast and without implementing measures effective population control, Healthy India, Literate India, Prosperous India, Resourceful India, Strong India, Secured India, Sensitive India, Clean India and Corruption and Crime-Free India campaigns will not succeed.

He challenged a High Court order dated September 3, 2020, which stated that it was for Parliament and the state legislature to enact laws and not the court. The government has made clear that it is against forcing couples to have a certain number of children in order to curb the population explosion.

India’s former Chief Justice, MN Venkatchaliah, recommended on March 31, 2002 that Section 47A be inserted into the constitution to control the population explosion.

Upadhyaya said the High Court failed to take note of an in-depth discussion by the National Commission for the Review of the Operation of the Constitution, headed by Venkatchaliah.

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