New Delhi: The Delhi High Court on Tuesday disposed off a public interest litigation (PIL) which sought implementation of steps to control India’s rising population. The plea sought the two-child norm to be made a criterion for securing government jobs, aids, and subsidies. The PIL was filed by Bharatiya Janata Party leader and advocate Ashwini Upadhyay.
"We see no reason to entertain this writ petition and hence it is disposed off," said the division bench comprising Chief Justice DN Patel and Justice C. Hari Shankar.
The high court said the judiciary cannot perform the functions of the government and that the court does not want to issue directions to Parliament and state legislatures. It is for the Parliament to enact the law, and set establish the two-child norm.
The court's function is to interpret the law, Patel said. "The work of the court begins after the enactment of the law. If such petition is allowed, we will have to work for various departments of the government," the bench observed.
In his plea, Upadhyay had sought direction to the Centre for implementing the recommendations of the National Commission to Review the Working of the Constitution, headed by Justice Venkatchaliah, on population control.
Population explosion is the root cause of most problems including shortages of various types, poverty and unemployment, hunger and malnutrition and air, water, soil and sound pollution. “It is apparent that about 90% criminals and offenders are such that their parents have not followed policy of “Hum Do – Hamare Do". Therefore, it is evident from the above stated facts that population explosion is the basic cause of more than 50% problems of India," the plea said.
The plea had sought withdrawal of statutory rights like the right to vote, contest elections, and owning property for not complying with population control norms.
Upadhyay 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.