Analysis of The Constitution (Amendment) Bill, 2020: Two-Child Policy

Introduction:

The Constitution (Amendment) Bill, 2020^[1] was presented in Rajya Sabha on 07-02-2020. It was acquainted with further changes to the Constitution of India. The Bill was probably going to be talked about when Parliament meets for the second half of the Budget meeting. This revision bill is a private member charge that was presented by Shiv Sena MP Anil Desai. A private member’s bill is unique in relation to a government bill.

A bill presented by the Member of Parliament (MP) who isn’t a Minister, for example, a non-government part is known as the Private Members’ bill. Individuals from Parliament other than ministers are private individuals. Private Members additionally can move administrative bills or propositions which he/she believes are appropriate to be introduced in the Statute Books. In any case, a private member can just give a limit of three notifications for the presentation of Private Member Bill during a Session.

The Bill looks to revise the Constitution of India with the end goal of making arrangements by the States to demoralize the individuals from expanding the size of their family however to urge them to keep their families constrained to just two kids. The Bill comprises that the States will advance small family standards by offering incentives in tax collection, instruction, home advances, free social insurance, and better business open doors for individuals who limit their family size to two children and it will pull back each offer and motivators to those not holding fast to the small family standard, to monitor the developing populace.

Purpose of the Bill

The reason for the bill is to control the growth of the number of inhabitants in India. During Independence, India was as yet one of the most crowded nations with 359 million individuals^[2]. It was the purpose of turning into the primary creating nation to begin family arranging or anti-conception medication programs in 1951^[3]. From that point forward, the number of inhabitants in the nation has quadrupled, with 1.37 billion individuals in 2019. At present, India has 16 percent of the overall populace with just 2.45 percent of the World surface territory and 4 percent of the water assets. As per the World Population Prospects report, 2019 by the United Nations, the number of inhabitants in India is good to overwhelm that of China within 10 years.

Discussion on the populace is unavoidable in a nation that may outperform the number of inhabitants in China, by and by the most crowded nation. “As indicated by the UN Department of Economic and Social Affairs, The number of inhabitants in India will arrive at 1.5 billion by 2030 and hit 1.64 billion of every 2050”^[4].

Features of the Bill

Insertion of Article 47A^[5]

A new provision Article 47A (Duty of the State to promote small family norm) was proposed to be incorporated in Part IV of the Constitution which deals with the Directive Principles of the State Policy.

“After article 47 of the Constitution, the following article shall be inserted, namely:—47A.

“The State shall promote small family norms by offering incentives in taxes, employment, education, etc. to its people who keep their family limited to two children and shall withdraw every the concession from and deprive such incentives to those not adhering to the small family norm, to keep the growing population under control.’’

Statement of Objects and Reasons

The way that the number of inhabitants in India has just traversed 125 crores is truly terrifying. The nation has multiplied its populace just in forty years and is anticipated to unseat China as the world’s most populated nation in the following couple of decades for example continuously 2050. According to the UN report, India, Nigeria, and Pakistan are those nations that have the most elevated pace of development of the populace. The current yearly development rate in India is 1.02 percent.

The populace density of the nation is 416 individuals for each square kilometer, which positions 31st in the entire World. Regardless of the way that we have encircled a National Population Control Policy, we are the second-most crowded nation on the planet. Population explosion may cause numerous issues for our people in the future. For which we must be worried about the populace surge. The Center just as State Governments should dispatch plans to handle it. Our common assets are incredibly over-troubled. The pace of development of any nation is legitimately connected with the size of its populace. Common assets like air, water, land, woods, and so forth will be exposed to overexploitation in light of overpopulation.

Today, there is a more noteworthy need to keep a powerful mind and the expansion of the populace. Today, there is additionally a need to urge the individuals to keep little families by offering charge concessions, need in social advantage plans and school confirmations, and so on and simultaneously debilitate them from creating more youngsters by pulling back assessment concessions, forcing substantial duties and by making other correctional arrangements for infringement. Along these lines, the Bill tries to alter the Constitution with the end goal of arranging by the State to demoralize the individuals from expanding their family and urge them to hold their family restricted to the two kids as it were.

Shortcomings

The restricted child policy will create a shortage of educated young people needed to carry on India’s technological revolution. The problems like gender imbalance, undocumented children faced by China might be experienced by India. The birth rate in India is also slowing down to sustainable levels.

• The norms proposed by the bill are in question from the beginning. India is a developing country and the contribution of young people to this development is high. To carry on the technological revolution of India, young educated people are needed. The restriction imposed by this policy will cause a shortage of young educated people.
• If we take a look at China’s one-child policy, we will find many problems. There are approx 13 million undocumented children in china most of them are born outside china’s one-child policy other than the birth out of marriage. Gender imbalance is also the worst part of this policy. A strong preference for boys causes sex-selected abortion, abandonment, and infanticide. These problems could also come to India by these amendments.
•  Most importantly, India’s birth rate is slowing down. In 2000, the fertility rate was relatively high at 3.3 children per woman. By 2016, the number had already fallen to 2.3 children. Furthermore, the current fertility rate in 2020 is 2.2 births per woman, a 0.9% decline from 2019.
• The law related may likewise be anti-women. Human rights activists contend that not exclusively does the law victimize women directly from birth (through premature birth or child murder of female hatchlings and children), yet separate and familial abandonment are at risk of augmenting if a man with an enormous family needs to run for political office.
• A legitimate limitation to two children could constrain couples to go for sex-specific abortion as there are just two ‘attempts’. A significant ratio of such women, particularly those from lower financial society, would be compelled to go for risky premature births due to issues of access and affordability. Other than being inhumane,  this is bound to create gender imbalances.

Conclusion

The Constitution (Amendment) Bill, 2020 is pivotal regarding populace control in India. This isn’t the first occasion when populace control measures are being requested by administrative changes.  In 2016, BJP MP had also tabled a private member bill on population control. However, it failed to reach the stage of voting. We need population control measures and the proposed law calls for not more than two children. The effect of these measures would be better educational institutes, more offices, lesser pollution, better wages, better human services, the low burden on taxpayers, less populace with more assets, more consumptions on the advancement of lives could turn into a reality for some, greater government benefits.

Thus, by bringing the two-child policy India aims to control the populace, but along with that, it aims to utilize what it already has. If considered the North-East part of India is least discovered and explored. Also to minimize unemployment and illiteracy this policy seems necessary. Lastly as to achieve the Sustainable development goal set by the UN of achieving sustainable development of the country and as by the Paris climate treaty we need to control and keep the global temperature below 2 degrees celsius. For that, it is important to keep forest and trees intact, as the population increases it demands for more houses and offices which calls for cutting down of forest. Hence, a two-child policy is needed in the present situation.

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References:

^[1]  Devika, Editor, Saba, Krishna, P., Dubey, D., Sm, . . . Bhumika. (2020, February 14). The Constitution (Amendment) Bill, 2020 — Private Member’s Bill introduced in Rajya Sabha to encourage — “two child policy”. Retrieved June 23, 2020, from https://www.scconline.com/blog/post/2020/02/11/the-constitution-amendment-bill-2020-introduced-in-rajya-sabha-bill-to-encourage-two-child-policy/

^[2] Variation in Population since 1901. (n.d.). Retrieved June 23, 2020, from https://censusindia.gov.in/Census_Data_2001/India_at_glance/variation.aspx

^[3] Family planning in India: Alternative approaches. (n.d.). Retrieved June 23, 2020, from https://www.downtoearth.org.in/blog/governance/family-planning-in-india-alternative-approaches-56000

^[4] India’s population: 1.37 billion and not counting. (n.d.). Retrieved June 23, 2020, from https://www.downtoearth.org.in/news/governance/india-s-population-1-37-billion-and-not-counting-69013

^[5] Devika, Editor, Saba, Krishna, P., Dubey, D., Sm, . . . Bhumika. (2020, February 14). The Constitution (Amendment) Bill, 2020 — Private Member’s Bill introduced in Rajya Sabha to encourage — “two child policy”. Retrieved June 23, 2020, from https://www.scconline.com/blog/post/2020/02/11/the-constitution-amendment-bill-2020-introduced-in-rajya-sabha-bill-to-encourage-two-child-policy/