Wednesday, July 10, 2019

THE POPULATION CONTROL BILL

Two areas are close to my heart, namely population control and uniform civil code. I had drafted bills in late 1990's before I was offered judgeship. The bills were distributed in the Parliament at that time but before they could be introduced (whether as a bill from the public or as a private member bill) the Parliament was dissolved. 
When the Central government has asked the Law Commission to examine the issue of implementing the Uniform Civil Code I had published the bill relating to Uniform Civil Code in respect to the areas, where beginning should be made. 
Population control perhaps is more important than Uniform Civil Code. Population explosion not only drowns the progress that we make but is also destroying our environment and jungles. Our future generations and mother earth will be deprived not only of many species but also of water. Here is the draft of bill for control of population. it should be enacted immediately.
Picture courtesy - Outlook 29th July 2016 

Object and Reasons: Article 39 of the Constitution states that the material resources of the community have to be distributed to subserve the common good, that children have to be given opportunity and the facilities to develop in a healthy manner in a condition of freedom and dignity, childhood and that youth should be protected against exploitation and against abandonment. 

It is in order to fulfil the aforesaid principles of the state policy that this Act is being enacted by Parliament in the ...year of the republic of India as follows: 

1. Short title and extent: (1) This act may be called Uniform Population Control Act...
(2) It extends to whole of India except the State of Jammu & Kashmir. It applies to persons residing within the territories to which it extends.
(3) The Act will come into force on the date specified by the Central Government in the official Gazette. 

2. Definition: (1)  In this Act unless the context otherwise requires:
(a)  Child includes illegitimate, but does not include step or adopted child.
(b)  State has same meaning as defined in Article 12 of the Constitution.
(c)  'State company' means a Society, Company, Corporation in which any one or more States has, not less than 50% of share.
(d)  'State services' includes any service with State or State Company.    

3. Overriding effect of the Act: The provisions of this Act shall override any other law with respect to any matter dealt with in this Act.  A future competent legislation may specifically override it but not impliedly.

4. Number of children: On the date of commencement of the Act, if a person has less than two children then he should not have more than two and in the case of person having two or more children then he should not have any more children, one year after the commencement of the Act.
Explanation: In case at the time of birth of second child, more than one child are born then for purpose of this section, they will be treated as one child. 

5. Consequences: In case of violation of section 4 of the Act then in addition to any other consequence or liability under any other law, the following consequences shall follow:
(a)  The person shall neither be entitled to vote nor stand as a candidate for any post in any election in ‘State’ or State Company.
(b)  The person shall not be given job in any State service. In case, he is already in State service then he shall neither be further promoted nor be entitled to any further increment in the pay.
(c)  The person or any company, firm, society or corporation in which such person is partner, director or holds any office or position of power shall not be entitled to any kind of loan, assistance benefit or facility of any kind from the State or any State company. 
(d)  The person or any company, firm, society or corporation in which such person is director, partner or holds any office or any position of power will not be entitled to undertake any contract or any scheme sponsored or aided by the State or any State company.
(e)  No Company, firm, society, corporation receiving any kind of facility or financial assistance from State or State Company shall appoint such person to any position of power. This includes director, partner or any office bearer.  In case any such person is appointed then the facility or financial assistance to the organisation concerned shall cease.  Further, the company, firm, society or corporation must return the benefits so availed. In case it is not done the State or State Company after affording reasonable opportunity, may pass orders for return of the same. 
(f)  If such a person is a member of a Hindu undivided family or is appointed to position of power by whatsoever name called, in any company, society, firm then such a HUF, company, society or the firm will not be entitled to any exemption or special benefits under any law including the  Income Tax Act or the Sale Tax Acts enacted by the Central Government or the State Government.
Explanation: Benefits facilities  under this section include ration card, gas, goods from fair price shops.

6. Extra Benefits: (1)  A person, who has no children or one child, shall be entitled to preferential treatment in all walks of life including in the services. But he has to give an undertaking that he will not have more than one child. 
(2) In case such a person has second child subsequently then such preferential treatment shall be cancelled and he will be liable to pay back the benefits of the preferential treatment availed by him.
(3) In case the benefit be quantified in terms of money then the person concerned shall be liable to return the amount so quantified together with 9% interest. 
Explanation:  It is clarified that no adverse action shall be taken under this section without affording reasonable opportunity to the person concerned.

1 comment:

  1. Very well drafted, it should be enacted ASAP. Could be moved in parliament's current session.

    ReplyDelete

RAM JANAM BHUMI & BABRI MASJID CASE - BACKGROUND STORY

Here is inside story of Ram Janam Bhumi - Babri Masjid Dispute case.