CfP: Indian Journal of Law and Public Policy

[ISSN 2394-2657, Vol 6, Issue 1]

______________________________________________
POPULATION CONTROL BILL AND IT’S
CONSEQUENCES IN THE SOCIO LEGAL MILEU

CO-AUTHORED BY:

MRIGENDRA NARAYAN UPADHYAY

(Student of 5thSemister at Himachal Pradesh National Law University, Shimla)

RITU JANJANI

(Student of 3rdSemister at Dharmashastra National Law University, Jabalpur)

1|Page
 ABSTRACT

In this paper, we have concerned and formulated the constitutional philosophy, delineated in the
preamble and DPSP (Directive Principle of State Policy). Where it speaks of justice (justice,
liberty, equality, fraternity) on one side and opportunity, elementary scheme on other side. In the
growing need of the society where not only the structural changes but also the multi facet
impediments are increasing in the way in which co-relation and co-operation between changing
environment and development is seen inoperable as restriction on the explosion of population.

Explosion of population can became a threat to humanity itself. It is not denying that each country
need young and productive population but when it comes into the arena of less opportunity, it
becomes futile. In order to combat this increasing rate of population explosion several countries
have already enforced the Population Control Laws. Uncontrolled population growth has now
emerged a real threat among the developing countries where resources are not as per the need of
the population. Since cross-border issues arise due to the arrival of the illegal immigrants due to
the lack of resources and opportunities in their native countries. Increasing rate of population
growth generates many social evils Ex. Terrorism, Rape etc. which affects various
multidimensional i.e. social, legal, environmental and political approaches. Population control is
consequential for achieving sustainable development. Various legal issues are arisen due to the
illegal immigration, many growing countries are not making the way for accepting the illegal
immigration. A country which is already have excessive population and troubling with various
global crisis i.e. terrorism, poverty etc. third world countries which do not have resources for their
own citizens and have large population, their citizens are forced to leave their country. They
become refugee for another country.

In the blanket of various legal or constitutional right, individual are claiming for their infringement
of personal privacy. If India is not giving attention to restrict this socio-environment problem
consequences will be very hazardous. If state want to make any scheme for social welfare, they
have to make sure that their economy is as strong as their environment is allowing. Welfare and
amenities can only be protected or distributed when there will be appropriate size of population
growth of the country. It also has been well established, that this immense growth in population
has many societal causes, desire for a male child being one of them (As per the economic survey
report 2018).

2|Page
In this paper, we have tried to explore some of the presumption that underline the issue linking
population growth and sustainability. De-linking demographic factors from sustainability concerns
ignores significant global realities and trend, the welfare and long term livelihood of the most
vulnerable group, as well as the ecosystem that support society.

Introduction

The population problem has emerged as one of the major issues confronting the modern world. In
quest of quality of life for present and future generations, governments have increasingly supported
programs to control population growth. The present paper focuses on the manner in which this
commitment was pursued in the India. The decision to propose a population policy bill is a
manifestation of this constitutional welfare philosophy. By describing the forces that have shaped
and continue to shape population policies, it hopes to provide a broader base for evaluating these
policies that purport to respond to people's need. The rapid population increase reduces the
country's per capita income while augmenting the proportion of young dependent persons in the
population. Hence, resources that could be channeled to direct development projects are diverted
to feed and educate this dependent. It is contended in this research paper that law shapes the process
by which the population policy is formulated and institutionalized in two ways, to begin with the
most important function that legal analysis performs for the planning process itself is to demarcate
the limitation on the planner and to define the boundaries of permissible decision-making. The law
represents as much a limitation on the planner as do the more concrete restrictions imposed by
limited time, space, resources or political reality.

Birth control propaganda is evident everywhere. Lampposts, mile- stones, and hospital walls, even
buildings along the holy river Ganges, display the Indian family planning symbol, a red triangle.
Originally this stood for three children as the maximum number any family should have. Present
public education propagates a maximum of two children per family. Demographic studies show
that substantial population increases would continue for decades, even if it were possible to reduce
immediately the average number of children to two per family

There appear to be three major assumption implicit in the decision to undertake this effort; first ,
that such a policy is feasible ; second, that such a policy is necessary, and third, that the end

3|Page
product, if implemented by reasonable decision-makers, will prove to be a significant
improvement over existing social arrangement.1

Statement of Problem

The process of implementation and enforcement of Population Control Bill in India has had been
a hot topic of debate in both Politico-Social as well as Legal Arena. The most important question
is whether or not the world can meet essential human needs such as food, health care and education,
for a population two and a half times greater than what it supports?

The formulation and implementation of a coherent state population control bill will require
something in addition to a general revision or repeal of the offending statutes; for the policy to
succeed, it is important that the policy or control bill shall take into consideration the effects of
subsequent additions to or changes in the law from the perspective of socio-legal-environmental
aspect. It is necessary, therefore, that they understand the relationship between law and population.

Scope of Study

This study is useful in understanding the concept of population explosion and its desired
repercussions and how it works in the Modern welfare State. The study also puts light on
population of India and how it functions. Further it puts light on the issue of Population Control
Bill and its history and also on the judgement in relation to formulation of Population Bill. This
study also gives a concrete connotation and its various implications on legal-environmental milieu.

Objective of Study

The objective of the study is:-

 To study the concept of Population Explosion and to do a detailed analysis of its validity
through Indian Constitutional Scheme.
 To critically analyze the “effect” of the Population Control Bill in India in relation with
various populated country.

1
Raymond A. Baurer and Kenneth J. Gergen eds., The Study of Policy Formation (New York: Free Press, 1988)

4|Page
  To critically analyze the migrant crisis that is being seen in the North-East India and how
it affects the countries growth and critical aspects of it.

Research Methodology

This is purely doctrinal research based on the study of books, Reports, Journals, and Judgements,
reports of the law Commissions, Conventions and other information available on the internet. The
researcher also took the help from the articles published in various newspapers and magazines
related to the matter. The research will include both Primary & Secondary Sources.

Population Control in India2

India, a "developing" nation, is remarkably advanced in scientific and technical areas. We were
impressed by the high quality of basic research in progress. Indian health officials, scientists, and
physicians are completely familiar with the most recent developments in the field of reproductive
physiology and with the newest family planning methods and they are conducting their own
investigations to further improve some of these techniques. However, as far as practical application
is concerned, they have encountered problems with some of the methods which have proved highly
successful in other parts of the world. These failures in India can be attributed to a variety of
causes. The fear of a population explosion lent impetus to what effectively became a global
population-control program

At all times and places population and resources must be kept in balance with each other if a high,
or at least acceptable, quality of life is to be maintained. Evidence is presented that thinkers and
men and women of affairs have been aware of these necessities from time immemorial and that
the ancients invented most of the basic concepts of modern population ecology, at least in embryo.
This task is a problem of social control, the central process in all societies. If society's controllers
and their institutions are aware, intelligent, flexible, and suitably motivated, there is no reason why
most problems of population,

Oral contraception a highly effective reversible method, is rarely used. Because of the great
poverty of India's population, breast-feeding is indispensable for a majority of the women. As the

2
H. George Liebmann and Hans Lehfeldt, Population Control in India, Taylor & Francis, Ltd., The Journal of Sex
Research, Vol. 8, No. 3 (Aug., 1972), pp. 189-193

5|Page
pill interferes with lactation, it is contraindicated for women with young children. The pill is also
contraindicated for Parsis, a highly inbred religious group, which has a high incidence of
hereditary breast cancer, because of the possibly harmful effect of the pill on the breast tissue.
Another reason for the failure to use oral contraception in India may be its relatively high cost.
Poor housing conditions make the diaphragm method impracticable for most Indian women.

The most widely used methods at present are the condom and sterilization. According to the latest
official estimates, some l90,000 agencies are selling condoms (Nirodhs). In addition, hundreds of
thousands of condoms are distributed free of charge through familv planning centers.

Voluntary sterilization became a government-approved method in 1961. Since then, more than 7
million such operations have been performed. Male sterilization (vasectomy) is more popular in
India than in western countries. Mostly performed as an out-patient procedure, under local
anesthesia, it requires very little time. Some surgeons skilled in the operation say that they can
perform it in the time that it takes the patient to smoke one cigarette. Vasectomies are being
performed in doctors' offices, in hospitals, and in mobile camps.

Female sterilizations are performed vaginally or abdominally, post-partum, post-abortum, and in

women who had not been pregnant recently. Three days bedrest is prescribed after vaginal
tubectomy, and 5 to 7 days after abdominal sterilization.

Table 1: The Davis-Blake Fertility Control Typology

A. Individual Controls
1. Contraception (including abstinence)
2. Abortion
3. Voluntary sterilization
B. Societal Controls
1. Age at marriage and proportion non-marrying
2. Intercourse taboos, enforced separation of spouses, etc.
3. Sanctions on pregnancy outside marriage

C. Environmental Controls
1. Primary (nondisease connected) sterility

6|Page
 2. Venereal diseases leading to sterility
3. Excess premature male mortality shortening average length of marital unions
4. Female nutrition and general health status which affects:
a. age at menarche
b. foetal wastage
c. secondary sterility
D. Lactation Control

The results show that all 4 controls (individual, societal, environmental, and lactational) are present
at all stages of development. The transition is from lactation and environment controlling fertility;
through a stage in which societal control gains importance; to the final stage in which contraception
and abortion are the dominant control. Fertility is never "uncontrolled" but the changing relative
importance of the several controls makes it precarious to identify any single factor as the main
element in the overall fertility transition.

Population policies must be consistent with recognized human rights. National sovereignty is
essential for development, and each government shall have control over the setting of population
policies which should reflect the particular conditions and needs of that state.

A. What Does the Right Consist Of?

What actually does this right to freely and responsibly choose the number and spacing of children
consist of? It might appear at first glance that the right is linked with procreation. "However, none
of the instruments that have been studied explicitly states that procreation is the purpose or
necessary consequence of family union." Neither the UN Charter nor the India Constitution
expressly mentions a right to reproduce. There may very well be no right to procreation itself. But,
there does appear to be a recognized right to information and education in all areas affecting family
life and to the means with which to exercise family planning. It may be presumptuous to
automatically include within these limits the right to procreate.

B. Is the Right Absolute?

Whether the right is merely one of education and implementation or includes procreation, one
might ask if the right is absolute. "From the standpoint of legal theory that so-called 'right' is really

7|Page
no more than a privilege, and there is therefore no reason why we cannot regulate its exercise."'
Even if there is such aright implicit in the Indian Constitution, it is not absolute. The test applied
by the Supreme Court to determine whether a fundamental right has been violated is one of strict
scrutiny. The state must show a compelling governmental interest to override a fundamental right.3

(Legal Analysis and Population Control: The Problem of Coercion, 84 Harv. L. Rev. 1856, 1880
(1971) [hereinafter cited as Legal Analysis]. (Generally discussing the development of standards
of review under the Due Process Clauses). See, e.g., Memorial Hospital v. Maricopa County, 415
U.S. 250 (1974); Dunn v. Blumstein, 405 U.S.330 (1972); Shapiro v. Thompson, 394 U.S.618
(1969)

This means that classifying something as a compelling state interest would justify reasonable
regulation of the right. "Certain legislative limitations of individual rights are necessary for the
common welfare.”4

C. Should Protection of the Quality of Life Limit Population Growth?

At this point it is appropriate to ask whether there are any overriding considerations, which
promote the general interest of all mankind which should be limiting factors on population growth.
It is felt by many that the quality of life is much more important than the quantity. If the population
continues to grow, governments will be less capable to provide basic services for the people. The
over-crowding in the cities will increase and possibly along with it, crime, poverty, disease and
pollution. Fewer people will be satisfied with their positions in life, thus riots, violence, and
political upheaval may become more commonplace. There are problems of quality of life in the
less developed countries also. First, intense efforts to increase food production lead to harmful

3
(Legal Analysis and Population Control: The Problem of Coercion, 84 Harv. L. Rev. 1856, 1880 (1971) [hereinafter
cited as Legal Analysis]. (Generally discussing the development of standards of review under the Due Process
Clauses). See, e.g., Memorial Hospital v. Maricopa County, 415 U.S. 250 (1974); Dunn v. Blumstein, 405 U.S.330
(1972); Shapiro v. Thompson, 394 U.S.618 (1969 )
4
Shaw, Procreation and the Population Problem, 55 N.C.L. Rev. 1165, 1167, (1977) (citing Smith v. Wayne, 231
Mich. 409, 415, 204 N.W. 140, 142 (1925).

8|Page
effects on the land. Even the food that is available does not supply the needed nutrition. Next, due
to religious and cultural barriers, most people are unwilling to accept family planning services.

D. What Is The Role of Law?

After investigating possible views of the population question, one should consider the role of law
in the population field and how law can help actualize the goals enunciated above. that the
fundamental purpose of law is the regulation of the relations between persons, and between persons
and the State or community.' Too often, the law seems to lag behind what the public desires and
too often the law becomes out of date and out of accord with social needs.5

Policies With Direct Effect On Population Growth.

a. Contraception

Most countries have not banned the use of contraceptives, but some have in effect prohibited their
use through laws against publicity, manufacture, sale, importation, use of mails, and advertising.
Laws requiring sales to be made in pharmacies limit access to contraceptives for people in rural
areas. However, most

b. Abortion

Although most civilizations have dealt with abortion, by the mid-1800's most countries had made
it a crime. The most populous nations-the USA, the USSR, China, India, and Japan-all have
134fairly liberal abortion laws. In general, there may be religious moral objections to abortion, but
it should be made available as an alternative method of family planning. 135

2. Policies With Indirect Effect on Population Growth

a. Raising the Minimum Age for Marriage.

It is believed, by raising the minimum age for marriage, many births could be prevented because
the childbearing years of a married woman would be reduced. Thus, this alone is clearly of limited

5
'Law and Morality in a Changing Society', in Green, Law and Society (1975) 1, 51

9|Page
use for lowering fertility level, but may have greater impact if used in conjunction with other
indirect policies. However, the more important effect of this would be to encourage family stability
and reduce the divorce rate, which in turn should promote more efficient family planning.

b. Sex Education

Sex education appears to be singularly the most popular indirect method of affecting fertility rates.
This general heading includes education for children in the school systems, and education for
parents relating to the care of children, nutrition and health, costs of raising a family, and family
life. Also, general knowledge of demographic trends and effects is desirable. “The object is to
promote knowledge and understanding of population phenomena within the framework of
economic, social and cultural development." 14 (Bucharest Conference, UNESCO)

Law and Population Policy :

This research paper has been concerned with the relationship between law and the process of
Population Control Bill formation, particularly at the level of government policy making process.
This relationship can be either of a collaborative, supportive nature, or one of an adversary nature;
the terms of the relationship depend, apparently, upon whether the values underlying the sought-
after policy are consistent with or antithetical to the fundamental values of the legal system.

To speak of policy decisions as rules of law is to assume two things about them: first, that they
have qualified under the constitutive process, which means, very simply, that they have been
enacted by a political agency constitutionally competent to do so; and second, that such policies
resemble laws in form. Policies are, after all, to be found in a variety of places. But laws are found
in statute books and court decisions, and are identified by the shapes that they take. Laws are
neither precatory, hortatory nor commendatory; they are either prescriptive, proscriptive, directive
or compulsory. In form they either forbid or require action, they are usually general in their
application, and they are intended to bind all persons subject to their restrictions.

Policies adequate to the immense problems of a rapidly expanding and complex society. The
sources of such policy lie elsewhere, but need to be translated into law for effective action. The
law, therefore, serves not only as a limiting factor in the policy process, but provides, in addition,

10 | P a g e
a necessary and integral dimension of a humane population policy. Without it, policies, no matter
how carefully designed, would remain no more than moral norms or scientific models abstractly
conceived.

Although the legal system does not serve as a source or framework for policy formulation and
development, it provides a humanizing element, as well as serving as the instrument by which
authority and legitimacy are extended to the work-product of other disciplines. In this sense, law
functions as a corrective mechanism. It provides a perspective from which the proposals of other,
more relevant disciplines and frameworks can be subjected to critical scrutiny, in order first to
humanize them and 'then to translate them into binding rules largest terms,

Every state or populated country is always confronted with the need to define its population. The
problem is one central to all efforts at formulating a meaningful population policy, for it is surely
a precondition of any rationally conceived policy that (1) the state should have a legitimate interest
in the people affected by its decisions, which in turn requires that some pragmatic nexus exists on
which this judgment can be based, and (2) that the people affected by the state's decisions will
remain within its jurisdiction long enough for the investment of services and resources to produce
some beneficial effect.

Law as an instrument of population control

The most important question is: Can we, in this country, meet essential human needs— food, health
care, education, and so on—for 1.3 billion people. The answer to this question is that what is true
for the world as a whole is equally or rather more true in the case of India. Apart from other things,
imbalances created by poverty, malnutrition or ill health are likely to give rise to social tensions,
and these social tensions, arising primarily from population pressures, are likely to permeate every
aspect of life in this country. The greatest need of the hour for India is to control its population
explosion. It is our firm belief that if population growth is taken care of, poverty will, to a large
extent, take care of itself.6

Population control, depending as it does on attitudinal changes, is a very sensitive area where the
law should tread with caution. But at the same time, if people do not have an adequate social

6
P. S. Sangal, 'Role of law in Control of Poverty and Population in India', in The Indian Journal of Legal Studies
2(1979):53.

11 | P a g e
awareness of their responsibilities it falls to the law, being an instrument in the hands of the State
for achieving its socio-economic objectives, to lay down the social norms which, in the course of
time and by persistent persuasion and in-built coercion, will become fully acceptable to the people.
In a country like India, which is tradition bound and where illiteracy is rampant,7 the role of law
as a norm-setter in the population field becomes all the more important.8 Of course, we realize that
the yardstick used to judge the role of law with regard to population control is whether the law has
been able to make family planning an enforceable human right.9

Increasingly, law should be used for the purpose of population control. This is necessary, inter
alia, for avoiding arbitrariness in the implementation of population schemes by various
government agencies. Law should be used more and more as a stimulant for voluntary action in
matters of population control.

Unfortunately, after the aberration of the Emergency, especially with regard to population control,
it is thought that using the law for population control is synonymous with the use of coercion. This
is a notion about the role of law in society that has got to be removed in order that the law as an
instrument of population control may be made proper use of in the strategy for population control.
As stated above, our approach should, by and large, be to use the law more and more as a stimulant
for voluntary action in matters of population control.

International agreements

In our interdependent world it is neither possible nor practicable to attempt to solve problems in
isolation. Thus, matters concerning population must be seen in conjunction with many other factors
including those of health, education, employment, food supplies, housing and the environment.
This statement was made by the UN Secretary-General, Kurt Waldheim, in his foreword to the
United Nations Fund for Population Activities (UNFPA) compendium, The United Nations and

7
The literacy rate according to the Census Report of 1981, is 36.17 per cent; see, Provisional Population Totals, Paper
I of 1981, Series I (India), Census of India, 1981 (Delhi: Registrar General and Census Commissioner for India,
8
Leaving aside national laws, people have now started to think in terms of international law for setting norms in the
field of population control. See, for example, Gould and Barkun, 'Population Control', International Law and the Social
Sciences, Ch.8, 1970, p.291, where the authors say, and I quote: 'It has been suggested that a principle may be emerging
that would treat self-replacement as the right of an individual but would regard exceeding self-replacement as an
aggression against society and against mankind as a whole.'
9
Nagendra Singh, 'Law as an Instrument of population Control in India', in Our India (August 1981) p. 9. See also,
P.S. Sangal, 'Human Rights and Population', in Seminar on Human Rights (Allahabad: International Law Association,
(1981) p. 240.

12 | P a g e
Population: Major Resolutions and Instruments, published on the occasion of the World Population
Conference in Bucharest in August 1974.

The World Population Plan of Action (WPPA) subsequently adopted by the Conference not only
affirms the Secretary-General's view but also suggests the need for a 'unified analytical approach
to the study of these inter-relationships and to relevant policies.' One such approach to which the
Plan of Action gives 'high priority' is 'the review and analysis of national and international laws
which bear directly or indirectly on population factors.' The WPPA specifically urges review and
reform of those laws which affect the status of women, the rights of the child and family welfare.

That the WPPA should have approached various factors and policies concerning population in
terms of the law is not surprising for law and policy belong, in essence, to the same continuum. As
broad policy options are narrowed down and one has to choose a specific policy, any decision to
adopt that particular policy must be reflected in the law—a law that will refine, co-ordinate, finance
and implement that particular policy. In the absence of such law, a policy decision will remain
ineffectual. Hence, the yardstick for measuring a particular country's compliance with the World
Population Plan of Action is not its declared policy but the actual enactment and implementation
of laws adopted in pursuance of those policies.10

This emphasis on legal reform in the population field is also implicit in the WPPA's call for the
eradication of 'alien and colonial domination . . . and neo-colonialism in all its forms.' The Plan
states that ‘True development cannot take place in the absence of national independence and
liberation. Alien and colonial domination ... and neo-colonialism in all its forms, continues to be
among the greatest obstacles to the full emancipation and progress of the developing countries and
all the people involved.’

Despite their political independence, many young nations have retained the antiquated population-
related laws which they inherited from their former colonial masters. Ironically, many of these
laws have been discarded by the former colonial powers as being incompatible with human rights,
but the same laws are still on the statute books of the younger nations. The retention of the French
1920 anti-contraceptive law by former French colonies in Africa despite its repeal by France in
1967, and the continuation of restrictive abortion laws in many of the former British colonies

10
'Law and Population' in Population Profiles 2, p. 4.

13 | P a g e
notwithstanding liberalization of the law in the United Kingdom in 1967, are cases in point.
Elsewhere, it is not difficult to discern the continuing influence of Dutch law on population matters
in Indonesia; the Anglo-French legal presence in the Middle East, which still reflects the divisions
of the mandated system; and the Iberian influence on the legal structure of the Latin American
countries despite their century-old independence from Spain and Portugal.11

It was a great achievement, therefore, for the World Population Conference that all these newly
independent countries should have united in Bucharest to declare their common opposition to 'neo-
colonialism in all its forms', as well as their unanimous support for review and reform of
population-related laws.12

The International Conference of Parliamentarians on Population and Development, held in August

1979 in Colombo, also called for an increase in knowledge of the inter-relationship between
population and development. It is well known that law is an important agent for development in
any society. A lot of work has already been done in this country on the theme of law and
development.13 The very fact that the Colombo Conference was specifically designed for
parliamentarians, who are the law-makers, shows that the United Nations considers law to be a
very important factor in the strategy for population control. A specific recommendation of the
Colombo Declaration was for a World Population Conference in 1984, which would be another
major international conference, 10 years after Bucharest and only 5 years after Colombo.

Recommendation

In order to consider what can be done through law for the sake of population control, a national
multidisciplinary Seminar was organized on 'Law as an Instrument of Population Control in India'
under the UN Project on Law and Population Study in India, in Febriiary 1980.

This National Seminar made the following recommendations:

11
Luke T. Lee, 'Legal Implications of the World Population Plan of Action' in Journal of International Law und
Economics 9 (3)1974:375-6.
12
P. S. Sangal, "Role of Law in Population Control" in 'Health and Population: Perspectives and Issues' in Journal of
National Institute of Health and Family Welfare 3(1 & 2) 1980:159-61.
13
P. S. Sangal, "Role of Law in Population Control" in 'Health and Population: Perspectives and Issues' in Journal of
National Institute of Health and Family Welfare 3(1 & 2) 1980:159-61.

14 | P a g e
 1. Laws should be used increasingly for the purpose of population control. This is necessary,
inter alia, for avoiding arbitrariness in the implementation of population schemes by
various government agencies. Law should be used more and more as a stimulant for
voluntary action in matters of population control.
2. Population control in the Constitution of India should be given a more prominent place:
(a) to make Population Control a Directive Principle in Part IV of the Constitution;
(b) to make family planning a fundamental duty in Part IV-A of the Constitution of India;
and,
(c) to make family planning a fundamental right for women. The essence of this
recommendation was that an obligation should be imposed on government to provide the
necessary means for family planning at every family's doorstep.

3. All marriages should be compulsorily registered.

4. The law with regard to the compulsory registration of births and deaths should be properly
implemented, particularly in the villages.

5. The State should institute, as far as possible, measures with regard to social security so that
parents do not seek social security by means of a large number of children.

6. The Adoption Bill should be liberalized and enacted on a priority basis.

7. It was felt that there is an important linkage between the status of women and fertility. Therefore
the status of women should be raised not only in the eyes of law but also in actual practice.

8. Emphasis must be placed on the introduction of population education at all levels.

9. Facilities for a medical termination of pregnancy should be made available in the rural areas.

10. Land laws with regard to land ceiling should be amended so that large numbers of children do
not increase the ceiling, thus setting a premium on having a large family.

11. Proper use should be made of taxation laws in order to propagate the small family norm.

15 | P a g e
12. Legislators and administrators should be educated about the urgent need for family planning,
and the role that law can play14

If this country is serious about making a dent in the population problem then these
recommendations should be implemented immediately. It is a matter of some satisfaction that these
recommendations are being gradually adopted for implementation, and two Bills have been
introduced in Parliament on 3 April 1981, by Mr. Y. Digvijay Sinh, an MP from the ruling party,
for the purpose of implementing recommendations 2(a) and 3 listed above. The new population
policy of the Government of India, still in draft form, also states that the registration of marriages
will be made compulsory. It is our firm belief that in order to make a dent on the immense
population problem, all the aforesaid recommendations should be implemented immediately and
Parliament should enact a law for compulsory sterilization of either husband or wife, in couples of
reproductive age, who have two or more children. It is suggested that after the introduction of
population control as a Directive Principle in Part IV of the Constitution, such a law for
compulsory sterilization will not be unconstitutional.

Conclusion

There is still a contradictions

China also refuted the suggestion that "over-population in the developing countries is threatening,
the security of the world", and asked: Was it over- population that had led to the wars in Indochina,
the Middle East and other areas?

14
P. S. Sangal, 'Preamble', in Journal of the National Institute of Health and Family Welfare, op. cit., pp. 4-5.

16 | P a g e