Population Growth And Challenges Before India
Author: LawSphereX
Category: General Law
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POPULATION GROWTH AND
CHALLENGES
BEFORE INDIA Amar Kumar Pandey & Syed Ashar Ahmad, Lloyd Law College Introduction We celebrated the Independence in the form of “Aazadi Ka Amrit Mahotsav” and we are in a phase where we are required to control such population explosion. Hon’ble Prime Minister Shri Narendra Modi while addressing the nation on Independence Day, 2019 urged both the central and state governments to formulate any policies or schemes to face the problem of population explosion in India. India is facing new challenges and subsequently giving rise to new challenges for the future generation. The purpose of this article is to bring forth the current issues and challenges before India due to the expeditious population explosion.
Further, the paper will cover the way forward and all the policies and steps that are taken by the governments in order to control the population and the stand of the Judiciary towards population control. Then further it concludes by highlighting that a bill must be passed wherein certain provisions must be incorporated as Housing Subsidies, Soft Loans, etc. will be provided to those who have 2 children, and in cases of violation, severe penalties like disenfranchisement, deprivation of property rights. World Population Day is observed on July 11th each year to draw attention to global population issues and the importance of addressing population challenges for sustainable development and raising awareness about various aspects of population growth, including its implications for socio-economic justice to uphold the preambular norm of the Constitution of India.
Depending on the context, the population is interchangeably viewed as a resource or a problem. Increasing population is a concern for developing & underdeveloped nations whereas some advanced nations are battling issues of aging population and population decline. However, it also requires tackling issues stemming from a burgeoning population. Experience around the world indicates that towards the end of the demographic transition (i. e. , stage four) countries tend to achieve stable populations with high social & economic development. However, during the phase of expansion, in a country with a high population density like India, Malthusian concerns about increasing the means of subsistence at an adequate pace to match the geometric population increase remain valid.
Demographic Trends in India Among the countries in the world, India ranks second in population and seventh in land area with a meagre 2. 4% of the world surface area. The current population of India is 1,420,829,961 as of July 9, 2023, based on Worldometer elaboration of the latest United Nations data. India’s population is equivalent to 17. 7% of the total world population. Policy Brief No. 153 from the United Nations Department of Economic and Social Affairs (UN DESA), entitled “India overtakes China as the world’s most populous country”, between 2023 and 2050, the number of persons aged 65 or over is expected to nearly double in China and to increase by more than double in India.
India is currently at stage three of demographic transition (low mortality & fertility but high births because of a large number of people in the reproductive age group due to the high fertility of previous generations, with huge population size is being increasingly reckoned as an emerging power in the world on the count of its population size, its favorable structure & robust economy. Causes Of Population Growth In India The rapid increase in the population of India is a result of prevailing high birth rates and a large decline in the death rate in the country. The practice of early marriage, poverty of the masses in the outskirts area of the country, lack of conscious family planning, the age and sex composition of the population, and the fertility of women at the time of child-bearing age in India are some of the primary reasons for the rapid growth of population in India.
Legislative Intent To Control Population The proponents advocate for the enactment of stringent legislation concerning population control, which would entail disenfranchisement and disqualification from government jobs, contesting in elections, or acquiring new property within the country as penalties for exceeding the limit of two children. On the other hand, the antagonist expresses optimism regarding the effectiveness of multiple awareness campaigns conducted among the general population, the promotion of literacy among citizens, and the consequent reduction of the total fertility rate (TFR) in India.
Under the above issues, it is pertinent to note that in 2022, during the session of Parliament, the issue of the rapid growth of the population was extensively raised and debated in extenso when MP Manoj Sinha tabled a private member bill that advocated for the enforcement of a two-child norm by providing incentives to those who adopted the practice of small families, as well as imposing penalties on those who acted in defiance with it. Unfortunately, the was withdrawn as it did not get sufficient support on the part of the current government. The clamor to pass a stringent population bill is not a new one and it has remained a prominent and pressing issue for the past four decades. Since, India’s independence, a total of 36 private members’ bills pertaining to control population growth have been introduced in Parliament.
To provide an overview of these rare moments when members of the House transcended party affiliations for the sake of national interest, the breakdown of the parties whose members proposed such bills is Congress-15, BJP-09, TDP-05, AIADMK-2, TMC-1, RSP (Revolutionary Socialist Party)-01, SP-01, MNS-01, and, RJD-01. Despite being presented 36 times, the dialogue and discussion surrounding the population control bill have remained elusive. In 1992, during the government of Narasimha Rao, the then Health and Family Welfare Minister, Late M. L. Fotedar, introduced the 79th Constitutional Amendment bill. This bill aimed to make the two-child policy a requirement for eligibility to contest Lok Sabha and assembly elections.
Although it was tabled in the Rajya Sabha, the discussion could not take place as Fotedar resigned from the government and the Congress party following the demolition of the Babri mosque. As a result, the bill remains pending. However, the country got a glimmer of hope when Honourable Prime Minister Narendra Modi addressed the pressing issue of population explosion during his speech on Independence Day in 2019, delivered from the ramparts of the Red Fort. India’s Population Policy Post -Independence In 1951, India among all the other developing countries for the first time came up with a statesponsored family planning programme. The planning commission (set up in 1950) was given the responsibility to decide the structure of the family planning programme. Soon a populace strategy board of trustees was comprised to give suggestions and regulate the family planning programme.
The board suggested to set up a Family Planning Research and Programmes Committee. Camp Approach The camp approach is community-based treatment for substance dependence. During the Fourth Five-Year Plan (1966-74), there was a significant change in the government’s approach to addressing the rapidly increasing population. This marked the beginning of a state-sponsored family planning strategy that has evolved into the comprehensive program we have today. Initially, the government believed that economic and social development was the most effective means of contraception and the main defense against rapid population growth. However, the Indira Gandhi-led government implemented a drastic shift towards sterilization as a more permanent method of population control.
In 1976-77, the family planning programme gained momentum and a significant number of people, particularly men, were forcefully sterilized. India implemented coercive and intense measures during, before, and after the Emergency Period, resulting in millions of sterilizations. Reports show that over 6 million individuals were sterilized in 1976 surpassing the number of people sterilized by Nazi Germany prior to 1939. As a result of this political and regulatory push, the number of sterilizations increased from
1.3 million in 1974-75 to 2.6 million in 1975-76, and then sharply rose to 8.1 million in 1976-
77, a level that has not been reached since. The mass sterilization campaign instilled fear among the Indian population and contributed to the Congress Party’s defeat in the subsequent election. Therefore, no political party in India was willing to address the issue of mass sterilization for several decades, due to its negative impact. National Population Policy, 2000 Improving the quality of lives of the people, enhancing the well-being of the people, and providing them with all the opportunities and choices so that they become productive assets in society should be the overriding objective of economic and social development. In 1952, India launched a national program primarily centered around family planning to the extent necessary for reducing birth rates in order to stabilize the population at a level consistent with what is required for the national economy.
However, after 1952, there was a sharp decline in death rates and it was not accompanied by the birth rates. The National Population Policy (NPP), 2000 affirmed the commitment of the government towards voluntary and informed choice and consent of citizens while availing of reproductive health care services, and continuation of the target-free approach in the administration of family planning services. The NPP 2000 provided a policy framework for advancing goals and prioritizing strategies during the next decade, to meet the reproductive and child health needs of the people of India, and to achieve net replacement levels (TFR). The NPP, 2000 aimed at addressing the unmet needs for contraception, health care infrastructure, and personal health care.
Population Regulation Bill, 2019 The Population Regulation Bill, 2019 was tabled by a Member of Parliament Shri Rakesh Sinha in July 2019 in the Upper House/Rajya Sabha. However, it was withdrawn in 2022 following the intervention of the Union of Health and Family Welfare Shri Mansukh Mandaviya. The bill proposed penal actions against individuals with more than two living children, including disqualification from being elected representatives, loss of financial benefits, and reduced benefits under the public distribution system. It also suggested that government employees should pledge not to have more than two children.
Proponents’ Stand on the Bill- The proponents argued on the grounds that it was crucial to ensure that all citizens have access to basic necessities such as affordable food, safe drinking water, adequate housing, quality education, livelihood opportunities, domestic electricity, and a decent standard of living. They believed that controlling and maintaining the population would promote sustainable development with more equitable distribution. Opponents’ Stand on the Bill- Per contra, the opponent opposed the motion and debated in extenso that the Bill if passed would widen the gap between the rich and the poor. They argued that the poor would suffer if they were deprived of benefits from public distribution schemes and other government-funded programs. Additionally, the lower-income groups lacked access to healthcare facilities and financial resources for contraceptives.
Moreover, due to a lack of proper education and knowledge, the poor did not fully grasp the importance of having smaller families, as it would impose additional financial burdens on them. Uttar Pradesh Population (Control, Stabilization, and Welfare) Bill, 2021 On 19th July 2021, the State of Uttar Pradesh proposed the Bill in order to revitalize efforts and provide for measures to control, stabilize and provide welfare to the population of the State by implementation and promotion of two child norm and for matters connected therewith and incidental thereto.
The State government highlighted that there were limited ecological and economic resources at hand, and therefore it was necessary that the provision of the basic needs of life such as food, pure drinking water, decent water, decent housing, access to quality education, economic opportunities and a secured living to all the citizen Legal Issues and Constitutional Challenges Involved The legal issue that is involved in the present context is whether the government has the power to pass or enact such legislation in order to control the population explosion in India. The answer is affirmative. In accordance with item 20A in the concurrent list of the 7th Schedule of the Constitution of India, the Parliament has the power to pass legislation on population control and family planning.
Item 20A was added through the 42nd Constitutional Amendment in 1976 and has been in effect since January 1, 1977. At the same time, Article 22 of the 1969 Declaration on Social Progress and Development, which was adopted by the United Nations General Assembly in a resolution, emphasizes the right of couples to freely and responsibly determine the number of children they will have. The policy to control and regulate the number of children may raise serious concerns regarding the violation of constitutional rights such as Article 16 (equal opportunity in matters of public employment) and Article 21 (protection of life and liberty). On February 22, 2000, the National Commission to review the working of the Constitution was constituted by the then Prime Minister Atal Bihari Vajpayee, with Justice Venkatchalliah as its head.
After a comprehensive two-year study, a 1,979-page report was presented to the Minister of Law and Justice, Sh. Arun Jaitley, on March 31, 2002. The report included a proposal for a provision promoting small families for the purpose of population control. However, the report was never officially tabled in Parliament. Currently, the government relies on the National Population Policy of 2000, which is the second such policy in the country. The first national population policy was announced in 1976, where the marriageable age for boys and girls was increased to 21 and 18 years, respectively. However, it is evident from the statistics that without strict mandatory provisions, such efforts provide a blank slate for violators and may not effectively address the issue of population control.
Steps Taken By States In September 2017, the Assam Assembly passed the “Population and Women’s Empowerment Policy of Assam,” which specified that individuals with only two children would be eligible for government employment. Existing government employees were also directed to adhere to the two-child family norm. However, in 2021, the state policy was amended to prohibit individuals with more than two children from securing government jobs. This amendment further reinforced the restrictions on government employment for those exceeding the prescribed family size limit in Assam. Likewise, in Uttar Pradesh, in 2021, Uttar Pradesh’s Law Commission put forth a proposal suggesting that individuals with more than two children would be disqualified from receiving government subsidies. The draft bill containing this provision is currently under consideration.
If implemented, it would restrict access to government subsidies for those who exceed the prescribed limit on the number of children in Uttar Pradesh. Steps Taken By the Central Government The Ministry of Health and Family Welfare oversees the National Family Planning Programme. Which is aligned with the principles of the National Population Policy, 2000. This programme ensures the implementation of the policy and maintains service delivery data. Regular reviews of the family planning programme are being conducted by the government through annual meetings, supervision visits, and other methods as required thereof. The Initiatives And Mission Launched By The Government:
1 Mission Parivar Vikas (MPV)
MPV is implemented across the 13 states with the aim of improving access to contraceptives and family planning services. MPV focuses on seven high-priority states, namely Uttar Pradesh (U.P.), Bihar, Madhya Pradesh (M.P.), Rajasthan, Jharkhand, Chhattisgarh (C.G.), and Assam. Moreover, it is also launched in six North- Eastern states, which include Arunachal Pradesh, Manipur, Meghalaya, Tripura, Nagaland, and Mizoram. The objective is to address the specific needs and challenges related to family planning in these states and enhance the availability and usage of contraceptive methods and related.
2 Expanded Contraceptive Choices
The contraceptive methods which are available in the contraceptive basket include condoms, combined oral contraceptive pills, emergency contraceptive pills, intrauterine contraceptive devices (IUCDs), and sterilization. However, there have been recent additions to the contraceptive options. The new contraceptives that have been included are the Injectable Contraceptive (under the Antara Programme) and Centchroman (also known as Chhaya). These additions aim to broaden the range of choices available to individuals and further enhance the effectiveness and accessibility of family planning services.
3 Compensation Scheme
The Compensation Scheme is for the sterilization acceptors which provides compensation to the beneficiary who has lost his/her job and to the service providers who conducted the Sterilization.
4 Post-Partum Intra-Uterine Contraceptive Device (PPIUCD)
PPIUCD services are provided to women after delivery. These services involve the insertion of an intra-uterine contraceptive device immediately or soon after delivery. This allows women to initiate contraception and avoid unintended pregnancies in the postpartum period. PPIUCD services are provided as part of comprehensive reproductive healthcare to promote family planning and empower women with a range of contraceptive choices following childbirth.
5. Family Planning Logistics Management Information System (FP-LMIS)- It is a
specialized software that is designed to facilitate the efficient management of forecasting, procurement, and distribution of family planning commodities at various levels of health facilities. It serves as a dedicated system to streamline the logistics and supply chain management processes related to family planning. The FP-LMIS helps in ensuring the availability of necessary contraceptives and other family planning accessories enabling healthcare providers to meet the demand and fulfill the needs of individuals seeking family planning services. The system plays a crucial role in optimizing inventory management, reducing stockouts, and improving overall service delivery in the field of family planning.
Judicial Pronouncements In 2020, the Central Government responded to a Public Interest Litigation (PIL) filed by BJP leader Ashwani Kumar Upadhyay, which challenged a Delhi High Court order dismissing a plea seeking various measures, including the implementation of a two-child norm for population control. The Centre conveyed to the Supreme Court that India firmly rejects the idea of imposing family planning on citizens. It emphasized that any form of coercion to restrict the number of children is counterproductive and may result in demographic imbalances or distortions. In 2018, the Supreme Court of India dismissed a petition that sought a directive to the Central Government to implement a mandatory two-child policy nationwide for the purpose of population control.
The Court declined to issue such a directive, indicating that it did not find grounds to make the two-child policy compulsory across the country. The dismissal of the petition implies that the Court did not deem it appropriate to mandate a uniform population control policy on a national scale.
Way Forward Demographic Dividend: As per the population projection, in 2021 by the government, it was reported that around 53. 6% of the population in India is under the age of 29 years. Whereas one-fourth of the population is if 14years or younger. Therefore, India should prioritize its demographic dividend to achieve its economic objective. Skill Development: In contemporary times, India is far from providing optimal opportunities for its youth. As per the All-India Survey on Higher Education data, the higher education sector in India is deeply plagued with structural inequalities. Therefore, necessary skill development initiatives should be launched to address the prevailing issues among the young population and the government should ensure that young minds have access to upgrade their skill set at this crucial juncture when India is facing the population explosion.
Women’s Education: The education of women indeed plays an important role in influencing fertility rates and the age of mothers at the time of their first baby’s birth. When women will be educated, they will be more prone to know about family planning methods, reproductive health, childbearing choices, and the consequences thereof upon failure. Conclusion India is a country of rich heritage and diverse cultural, ethnic, linguistic, and religious characteristics. Broadly, India has around 1. 7 billion population which is the second most populous nation after China. In the upcoming years, India will become the most populous/crowded nation on the planet surpassing China. The larger section of India’s population is worried that our population is continuously growing and we are facing an expeditious population explosion.
Coercive population control measures have the potential to exacerbate issues such as sex selection and unsafe abortions, particularly in societies with a strong preference for male children. When strict policies are implemented, some women may resort to seeking abortions as an alternative to avoid penalties or consequences imposed by the government. This can lead to an increase in unsafe and illegal practices, jeopardizing the health and well-being of women.
A bill must be passed where certain incentives such as Housing Subsidies, Soft Loans for the construction/purchase of a house, tax rebates, free health care facilities, out-of-turn promotion, two additional increments, and paternity leave (6 months) can be incorporated and in cases of violation, severe penalties like disenfranchisement, deprivation of property rights (pertaining to the purchase of new properties), increased house tax, exclusion from government-sponsored welfare schemes and local body elections, restrictions on government employment, and limited access to food rations (to be provided exclusively to the legal child) can be imposed.