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Uttar Pradesh Population Control Bill, 2021

The State Law Commission of Uttar Pradesh has drafted the Uttar Pradesh Population (Control, Stabilization and Welfare) Bill, 2021. This Bill is a step towards the population policy set for 2021-2030. The purpose of this proposed law is to tackle the growing population in the State and so ensuring judicious and equal availability of all the resources in the State through a two-child policy. The State Law Commission of UP on 9 July 2021, requested the public at large to vet the draft bill and respond with suggestions and comments by 19 July and along with newer ideas to improve the draft bill. The State Law Commission has received in excess of 8000 such responses including both those appreciating and critical of the draft bill as well as responses suggesting improvements to the draft bill.

To ensure couples will want to follow the policy set forth in the bill, certain incentives have been proposed in the bill. There are specific incentives for the public servants for accepting the two-child policy. However, they would only get such benefits if the public servant or his/ her spouse undergo sterilization operation voluntarily. Increments in salary, rebates on charges on utilities, maternity or paternity leave of 12 months with full salary, free healthcare facilities for spouse, etc. are few of the incentives listed. Additional incentives for all public servants who undergo voluntary sterilization after having a single child such as free education for the child up-to graduation level and scholarships for girl child have been included. Similarly, incentives have been proposed for the general public as well derived from what is proposed to be provided to the public servants.

The proposed bill also contains an unusual clause: disincentives for couples not abiding with the policy after the enforcement of the Act. If anyone is in contravention of the proposed norm it will lead to debarment of the said person from contesting local body elections, and such person shall not be contained under the ambit of the government sponsored welfare schemes, and will also be barred from applying for government jobs, etc.

The draft bill has incorporated into it, certain exceptions to the two-child norm policy which includes multiple births from second pregnancy, death of child, disability of child, adoption, and contraventions of two-child norm in case of polygamous and polyandrous marriage.

The draft bill has also specified the duties of the government to ensure better implementation of the Policy and compliance with the provisions of the bill. This would be achieved by including topics on population control in secondary school curriculum. Educating the people, carrying out drives, providing contraceptives, conducting regular vaccination drives are to name a few. As per surveys majority of UP’s population is young – and may be shut out from government jobs, subsidies, welfare schemes by the bill.

Originally posted on www.kpalegal.com on 12th August 2021

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