The Uttar Pradesh State Law Commission has released the first draft of the proposed population control bill. The draft, titled the Uttar Pradesh Population (Control, Stabilisation, and Welfare) Bill, 2021, aims to “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 law commission has invited suggestions from the public via email ([email protected]) or by post latest by July 19, 2021. The draft, with its focus on two-child policy, has led to criticism from various quarters.

As per the draft bill, the violators of the two-child policy will be debarred from contesting local body elections, applying for government jobs, or receiving any kind of government subsidy, with a limit of ration card units up to four.

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“Whosoever, after commencement of the Act, in contravention of 2 child norm procreates more than 2 children shall be ineligible to contest elections to local authority or any body of local self-govt,” reads the draft population control bill, 2021.

Voluntary sterilisation incentivised

As per the draft, ‘public servant’ means a person holding any post or a member of a service in connection with the affairs of the state or under a public corporation or a local authority.

The draft proposes to give incentives to state public servants and their spouses if they adopt the two-child norm by undergoing voluntary sterilisation operation. These incentives to public servants include:

• Two additional increments during the entire service.
• Subsidy towards purchase of plot or house site or built house from Housing Board or Development Authority, as may be prescribed.
• Soft loan for construction or purchasing a house on nominal rates of interest,as may be prescribed.
• Rebate on charges for utilities such as water, electricity, water, house tax, as may be prescribed.
• Maternity or as the case may be, paternity leave of 12 months, with full salary and allowances.
• Three per cent increase in the employer‘s contribution Fund under national pension scheme.
• Free health care facility and insurance coverage to spouse.

The draft bill also has additional incentives for public servants who have only one-child and undergo voluntary sterilization operation upon himself or spouse. These incentives include the following:

• Two additional increments during the entire services
• Free health care facility and insurance coverage to the single child till he attain the age of twenty years;
• Preference to single child in admission in all education institutions, including but not limited to Indian Institute of Management, All India Institute of Medical Science etc.
• Free education up-to graduation level;
• Scholarship for higher studies in case of a girl child;
• Preference to single child in government jobs; and
• Such other benefits and incentives, as may be prescribed.

Apart from public servants, the bill also proposes some benefits to the general public also. A couple living below the poverty line and having only one child, undergoes voluntary sterilisation operation upon himself or spouse shall be eligible for a one-time lump-sum amount of Rs 80,000 if the single child is a boy, and Rs 100,000 if the single child is a girl, reads the draft bill.

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Disincentives

The population control bill proposes disincentives for couples who do not follow the two-child norm after the act comes into force. These disincentives include:

• Debarring from benefit of Government sponsored welfare schemes.
• Limit of ration card Units upto Four.
• Bar on contesting election to Local Body etc.
• Bar on applying to government jobs.
• Bar on Promotion in government services.
• Bar on receiving any kind of government subsidy.

Meanwhile, there are some exceptions for multiple birth out of second pregnancy, adoption, disability of the first or second child, polygamous and polyandrous marriages, etc.

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The draft bill also proposed setting up of the State Population Fund, “which shall be utilized for the purposes of implementation of this Act”.

Population control in school curriculum

The draft says that “it shall be the duty of the government to introduce a compulsory subject relating to population control in all secondary schools. It shall be the duty of the government to ensure that contraceptives are available at reasonable rates at all sub-health centres in the State.”

Also, it shall be the duty of the government to ensure that contraceptives are available at reasonable rates at all sub-health centres in the state. The draft bill also proposes compulsory insurance to cover cases of failure of tubectomy or vasectomy.

Suggestions to this draft bill can be sent through e-mail – [email protected] or post latest by July 19, 2021.