The Delhi High Court on Tuesday refused to entertain a petition seeking directions to the government to set ‘two-child norm’ as a criterion for government jobs, aids and subsidies, to control the country’s rising population.
A Bench of Chief Justice D.N. Patel and Justice C. Hari Shankar said the primary work of the court was to interpret the law and that it was for Parliament to enact the law as sought in the petition. “It is left open for them to enact the law as per the priority of the Parliament and the State Legislature,” the Bench said while disposing of the petition by BJP leader and advocate Ashwini Kumar Upadhyay.
The Bench further said, “We see no reason to direct Parliament or the State Legislature to enact two-child law. As and when such law is enacted, the work of the court will start from there to see its proper implementation.”
NCRWC suggestions
Mr. Upadhyay, in his petition had also sought implementation of the recommendations for population control made by the National Commission to Review the Working of the Constitution (NCRWC) headed by Justice Venkatchaliah.
“The NCRWC, after making immense efforts for two years and elaborate discussion, had suggested addition of Article 47A in the Constitution and formulation of Population Control Law.
“Till now, the Constitution has been amended 125 times, hundreds of new laws have been enacted, but population control law, utterly required for country, is not made, though it will curtail more than 50% problems of India,” the petition said.
Mr. Upadhyay claimed that India’s population has marched ahead of China, as about 20% the population do not have Aadhaar and therefore, is not accounted for, and there are also crores of Rohingyas and Bangladeshis living illegally in the country.
