High Court (India)

September 03, 2019

Delhi HC Disposes Off PIL On Population Control; Refuses To Issue Directions To The Parliament And State Legislatures

[ By Bobby Anthony ]

Delhi HC

The Delhi High Court has disposed off a public interest litigation (PIL) which had sought taking steps to control India’s rising population.

In his plea, Bharatiya Janata Party leader and advocate Ashwini Upadhyay had sought direction to the central government to implement recommendations of the National Commission to Review the Working of the Constitution, headed by Justice Venkatchaliah, on population control.

The plea sought a two-child norm to be made a criterion to secure government jobs, aid and subsidies, besides withdrawal of statutory rights like the right to vote, contest elections and owning property, for not complying with population control norms.

The plea had urged the court to direct the government to spread awareness about population explosion and provide contraceptive pill, condoms and vaccines to economically weaker sections and below poverty line families. The plea had also sought direction to the Law Commission to prepare a comprehensive report on population explosion within three months.

However, the high court stated that the judiciary cannot perform the functions of the government and that the court does not wish to issue directions to the parliament and state legislatures. It is for the Parliament to enact the law, and set establish the two-child norm, the court stated, adding that the court’s job is merely to interpret the law.

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