Table of contents

Introduction

Major Objectives

Application of this act

Benefits & Incentives

• Incentives to Public servants who adopts two-child norm
• Incentives to Public servants who adopts one-child norm
• Incentives to General public who adopts two-child norm
• Incentives to General public who adopts one-child norm
• Special Benefit to Couple Living under the Below Poverty Line

Revocation of Benefits & Disincentives

Certain bars

General exceptions

Actions

State population fund

Duties of Government

Conclusion

Introduction

One-sixth of India’s population resides in Uttar Pradesh, According to 2011 census Uttar Pradesh has 19.98 crore population.  Current estimated population is around 23,15,02,578. This data clearly shows the rapid increase in population which leads to poor living conditions therefore, the Uttar Pradesh Law Commission has released the draft of The Uttar Pradesh Population (Control, Stabilisation and Welfare) Bill, 2021 and invited public opinion upon it.

Major Objectives

• To control, stabilize the population of the State for promotion of sustainable development with more equitable distribution.
• To ensure healthy birth spacing through measures related to augmenting the availability, accessibility and affordability of quality reproductive health services to achieve the goal of population control, stabilization and its welfare in the State.
• To provide for measures to control, stabilize and provide welfare to the population of the State by implementation and promotion of two child norm per eligible couple in the State by means of incentives and disincentive.  

Application of act

The provision of this Act shall apply to a married couple where the boy is not less than twenty-one years of age and the girl is not less than eighteen-years of age.

In case of polygamous or polyandrous marriage  permitted by the religious or personal law governing an individual, there may be a set of married couple, each of which shall consist of one man and one woman only, though the husband or wife, may be common in each set.

Benefits & Incentives

Incentives to Public servants who adopts two-child norm by undergoing voluntary sterilization will be given following incentives:

a) two additional increments during the entire service;

b) subsidy towards purchase of plot or house site or built house from Housing Board or Development Authority;

c) soft loan for construction or purchasing a house on nominal rates of interest;

d) rebate on charges for utilities such as water, electricity, water, house tax;

e) Maternity or as the case may be, paternity leave of 12 months, with full salary and allowances;

f)  3% increase in the employer‘s contribution Fund under national pension;

g) free health care facility and insurance coverage to spouse and

h) such other benefits and incentives.

Incentives to Public servants who adopts one-child norm by undergoing voluntary sterilization will be given following incentives, in addition to the incentives as stated above for two-child norm:

a) two additional increments during the entire services;

b) free health care facility and insurance coverage to the single child till he attain the age of 20 years;

c) 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.;

d) free education upto graduation level;

e) scholarship for higher studies in case of a girl child;

f)  preference to single child in government jobs; and

g) Such other benefits and incentives.

Incentives to General public who adopts two-child norm by undergoing voluntary sterilization will be given following incentives:

a) soft loan for construction or purchasing a house on nominal rates of interest;

b) rebate on charges for utilities such as water, electricity, water, house tax;

c) Maternity or as the case may be, paternity leave of 12 months, with full salary and allowances;

d) Such other benefits and incentives.

Incentives to General public who adopts one-child norm by undergoing voluntary sterilization will be given following incentives, in addition to the incentives as stated above for two-child norm:

a) free health care facility and insurance coverage to the single child till he attain the age of twenty years;

b) 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.;

c) free education upto graduation level;

d) scholarship for higher studies in case of a girl child;

e) preference to single child in government job;

f)  Such other benefits and incentives.

Special Benefit to Couple Living under the Below Poverty Line:

A couple living below the poverty line, having only one-child and undergo voluntary sterilization operation upon himself or spouse shall be eligible for payment from the Government for a one-time lump-sum amount of

a) if the single child is a boy – rupees eighty thousand

b) if the single child is a girl – rupees one lakh

Revocation of Benefits & Disincentives

If anyone in contravention of two child norm procreates more than two children shall not be provided any benefits or incentives as stated above and shall be-

a) Debarred from benefit of Government sponsored welfare schemes;

b) Limit of ration card Units upto Four; and

c) Other disincentives

Certain bars to be imposed on those who act in contravention of two child norm policy:

a) Bar on contesting election to Local Body.

b) Bar on applying to government jobs under the State Government.

c) Bar on Promotion in government services.

d) Bar on receiving any kind of government subsidy.

General exceptions

• Multiple Birth out of Second Pregnancy – This exception states when she has a child born out of the first pregnancy, subsequently has more than two children, as a result of multiple birth subsequently out of the second pregnancy.
• Adoption – Individual shall not be deemed to be in contravention of the two-child norm, if she is having two children conceived from his marriage and adopts a third child under any law in force.
• Disability of the first or second child– when  either one, or both, of his children born out of the earlier pregnancy suffer from disability and the couple conceives a third child subsequently this is not considered as contravention of this act.
• Death of the child – If either one, or both, of his children born out of the earlier pregnancy dies and the couple conceives a third child subsequently this is not considered as contravention of this act.
• Married couple expecting a child at the time of commencement of this Act – An action of an individual shall not be deemed to be in contravention of the two child norm under this Act, if he already having two children conceived from his marriage, conceives a third child within one year from the date of commencement of this Act.

Actions

• Effect of contravention of two-child norm in cases of polygamous marriage – if actions of a husband or wife of polygamous marriage is in contravention of the two child norm then he will be not entitled to take benefits and incentives as prescribed by this act and also will be liable to face the disincentives.
• Actions when in contravention to two-child norm in cases of polygamous marriages – It shall be deemed that the Action of the husband is in contravention of two child norm, if he has more than two children, from all his marital relationships.
• Effect of contravention of two-child norm in cases of polyandrous marriages – When the wife has more than one husband, the provisions of effect of polygamous marriage shall apply mutatis mutandis.
• Actions when in contravention to two-child Norm in cases of Polyandrous Marriages– When the wife has more than one husband, the provisions of actions of polygamous marriage shall apply mutatis mutandis.

State population fund

Constitution of State Population Fund which shall be utilized for the purposes of implementation of this Act.

Duties of Government

• Implement the Revised State Population Policy to achieve the goals
• Establish maternity centers at all the primary health centers
• Distribute and encourage use of contraceptive pills, condoms, etc through Healthcare Centres and NGOs
• Spread awareness about family planning methods through community health workers such as auxiliary nurse midwife or accredited social health Activist
• Ensure mandatory registration of pregnancy, deliveries, birth and death across State
• Distribute iron and vitamin capsules and tablets amongst the expecting mothers;
• Conduct regular vaccination and immunization drives to protect the children from various health risks;
• Undertake efforts to encourage the husband-wife communication and male participation in family planning matters
• Organize massive information and education campaigns to generate public awareness related to the benefits of having small families and healthy birth spacing
• Form village level societies to encourage and as the case may be, disseminate benefits of small family norm, value of girl child and efforts to promote gender equality in all walks of life
• Facilities at Government expense for reversing sterilisation operations in case of death or permanent disability of a child of the couple after the sterilisation
• It is 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
• The state shall Compulsory insurance to cover cases of failure of tubectomy or vasectomy

Conclusion 

Many women now prefer to have single or two Childs. The perspective of the entire young generation has changed. This bill will definitely boost these thoughts. Now, the government needs to focus on family planning and spread awareness about it. Also, effective implementation of this bill is also an upcoming hurdle in front of the government of the state. Many suggestions made to the law commission of the state of Uttar Pradesh have welcomed this step of the government whereas few comments have also criticised it.