Two-child policy: UP Law commission releases Population Bill draft; seeks public opinion

In less than a month, UP Law Commission submitted the draft Population Bill 2021 on Saturday, seeking public suggestions to the draft by 19 July. The draft Bill which has now been uploaded to the Law commission's website, lists incentives for government employees, general public and couples below poverty line for adopting two-child or one-child policy via voluntary sterilisation. The bill also lists many disincentives for all such as debarring from benefit of govt-sponsored welfare schemes, ration card limits, contesting local body elections etc. The Bill will not be applicable to those already having more than two children before the passage of the Bill.

UP's draft Population Bill (2021)

Incentives:

1. For govt employees (Two-child policy):

• two additional increments during the entire service
• subsidy towards purchase of plot or house site or built house from Housing Board
• soft loan for construction or purchasing a house on nominal rates of interest
• rebate on charges for utilities such as water, electricity, water, house tax
• 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

2. For govt employees (one-child policy):

Additional incentives like - two more increments during the entire services,  free health care facility and insurance coverage to the single child till it turns 20,  preference to single child in admission in all educational institutions and govt jobs, free education up-to graduation level, scholarship for higher studies in case of a girl child

3. For general public (two child):

Similar incentives such as govt employees comprising - house purchase or construction soft loan, rebate in utilities, 12-month maternity & paternity paid leave, free health care to spouse

4. For general public (one child):

Similar incentives such as govt employees comprising - free health care to child, preference in education admissions and govt jobs, free education upto graduation & scholarships for single girl child for higher studies.

Disincentives:

• Debarring from benefit of state govt welfare schemes
• Limit of ration card Units upto Four
• Bar on contesting election to Local Body - existing members must give an undertaking to adhere to this Law and violation will result in dismissal and debarrment
• Bar on applying to government jobs - existing members must give an undertaking to adhere to this Law and violation will result in dismissal and debarrment
• Bar on Promotion in government services
• Bar on receiving any kind of government subsidy

Exceptions to the law include:

• multiple births out of second pregnancy
• adoption of a third child after having two children out of marriage or adoption of two children after having a child out of marriage. All other combinations of adoption resulting in a couple having more than two children will violate the law
• Disability of the first or second child
• Death of the child
• Married couple expecting a third child at the commencement of this Law

In case of polygamous/Polyandrous marriages -

• A husband in a polygamous marriage violating this law will not receive any benefits and incentives under provided under this Act and will be liable to face the disincentives, however, his wife and children will be eligible for the benefits
• Similarly a wife in a polyandrous marriage violating this law will not receive any benefits and incentives under provided under this Act and will be liable to face the disincentives

Govt duties

• Implement the revised State Population Policy
• establish maternity centers at all the primary health centers
• Make available contraceptive pills, condoms at health centres at reasonable rates, distribute and encourage its use via NGOs
• spread awareness about family planning methods
• ensure mandatory registration of pregnancy, deliveries, birth and death
• distribute iron and vitamin capsules and tablets amongst the expecting mothers
• conduct regular vaccination and immunization drives to protect the children
• encourage the husband-wife communication and male participation in family planning matters
• Introduction of Population Control in School Curriculum
• Compulsory insurance to cover cases of failure of tubectomy or vasectomy

Experts defy; cite risks to women

According to Family planning 2020, though India is projected to overtake China’s population in less than a decade, the organisation states that India is on course to achieve population stabilisation with a national Total Fertility Rate of 2.2, which is close to the replacement level fertility of 2.1. Referring to the sharp decline in India’s population growth rates over 10 years from 2001 to 2011 from 21.5% to 17.7%, the organisation states that 24 of the Indian states and union territories have already reached the replacement level TFR of 2.1 with the desired Fertility Rate at 1.8. The organisation also highlights that currently there is a high unmet need for family planning at 13% amid married women of 15-49 years as of 2015-16. This reportedly placed these women at grave risk of death or disability during pregnancy and childbirth due to lack of access to contraceptives.