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Introduction

Currently, the government of a country determines how many children a parent should have. There is a need to manage the population as a result of a lack of resources, dilution of state social programs, and enormous population problems.

Over the previous two decades, India’s progress has made a significant contribution to global human development. India’s extreme poverty rate has dropped to 21%, infant mortality has dropped by more than half, 80% of women now give birth in a health facility, and two million children are out of school.[1] For a country with roughly a sixth of the world’s population, these are tremendous accomplishments. However, obstacles continue, and India’s economic achievements have not translated into improved quality of life for all citizens, particularly women and children.

Child-Policy in China

China implemented the one-child policy in 1979. Despite the fact that the strategy was successful in reducing population growth, detractors believe that the policy’s negative consequences have resulted in a slew of societal issues in China today. China has gradually eased its one-child limit by allowing both single parents to petition for a second kid. The requirements were later loosened in 2013, allowing any parent with a single child to apply for a second child. Many countries first embraced the two-child policy, however numerous countries later abandoned it due to population ageing or increased sex ratios. Low fertility countries, on the other hand, encourage its residents to have more children. South Korea, Singapore, Turkey, Japan, France, and Paris are among the countries that actively urge their residents to have more children. With less resources and a greater population, some countries have implemented a two-child policy.

History of Child-Policy in India

Let’s take a look back at the concept of child policy in India. From the inception of the first Five-year plan in 1952, the idea of a child policy and population management was groundbreaking. Sanjay Gandhi was the first person in India to emphasize the necessity for population control and to implement a child policy. The policy was not well received because it required people to sterilize. During Indira Gandhi’s rule, during which the government ordered sterilization, the same program was imposed on individuals forcibly. Worst of all, the authorities sought to sterilize women despite knowing how simple it was to sterilize men.

 In 1980, India launched a nationwide awareness campaign to support the two-child policy, with slogans such as “Hum Do Hamare Do”[2] (We Are Two). India became a signatory to the International Conference on Population and Development Declaration in 1994, which placed the obligation on the country to leave family planning to the people, since it is every citizen’s unique right to decide how many children they want to have.

Legal support of the Policy

After a series of events, India has no national laws in place to implement two-child regulations. Prahlad Singh Patel, on the other hand, introduced a private member’s bill in the Lok Sabha in 2016. Every state is required to promote a two-child policy under Section 3 of the Population Control Bill 2016[3], which is read in conjunction with Section 7. Section 8 restricts a citizen’s capacity to participate in ongoing child welfare programs if he or she does not adhere to the two-child policy. Regardless, the government was disbanded before the bill could be debated. Two legislation are now being debated in the Lok Sabha. Citizens who follow the two-child policy will receive tax, education, and employment benefits, according to the Rajya Sabha’s Constitutional amendment bill 2020[4]. To promote the two-child policy, Article 47A of the Constitution, which is the directive principle of state policy, is added into the measure.

The law attempts to promote two-child policy by establishing a new provision named Article 47A under Part 4 of the Constitution, which is the directive principle of state policy. The government plans to eliminate any concessions and other incentives granted to those who do not adhere to the small family requirement under Article 47A. Fundamental rights are violated when the state withholds such basic services due to noncompliance with the two-child mandate. Citizens’ right to make decisions would be taken away, and Article 21 (right to life) would be violated. A policy like this would also be in violation of the UN Convention on the Rights of the Child. Candidates having more than two children are not eligible for government positions in Rajasthan or Madhya Pradesh. In Rajasthan, Andhra Pradesh, Telangana, Maharashtra, and Karnataka, they are not allowed to run in local government elections.

Developments

Mohan Bhagwat, the leader of the National Volunteer Organization (RSS), proclaimed a two-child policy as one of his major priorities in 2020.[5] With Bhagwat’s backing, the two-child policy became even more divisive. Some see the idea as an attempt to curtail India’s Muslim demographic development. There is no national two-child policy in India as of July 2021, although there are local laws. The family planning rules are directed at present and aspiring politicians. If a candidate has breached the two-child policy, they are disqualified from running in panchayat (local government) elections. The idea is for ordinary individuals to look up to and emulate their local officials’ family sizes.

Some local administrations have taken things a step farther. Citizens with more than two children may incur sanctions in various states. Disincentives include denying government payments to children born after a second child. They may also refuse to supply women and children with state-provided healthcare, including nutritional supplements for expecting moms.

Fathers may face fines and prison time. There are also limitations on government employment and promotion, as well as a general reduction in social assistance for large families.

Two Child-Policy: A Threat or a Necessity

Almost from the outset, the legality of these statutes has been questioned. India is typically mentioned as having a thriving technological industry that is primarily reliant on young people. There is concern that the ban on having children will result in a shortage of young educated people who will be needed to keep India’s technological revolution going.

In India, the current fertility rate is 2.2, while the desired fertility rate is 2.1. Several states have fertility rates that are less than 2.1. Many states have met their total fertility rate goals. On the other hand, the number of unintended pregnancies is on the rise, which is the most alarming trend. Despite the government’s best efforts, there has been a massive growth in population.

The reason for a drastic growth in population:

  1. The proportion of people in the marriageable age group is higher.
  2. People’s life expectancy has improved as a result of numerous advancements in public health.
  3. There is a lack of contraceptive education among the general public.

Why is there a necessity to control the population?

  1. There is a larger demand for resources than there are available.
  2. Population increase puts enormous strain on resources and lowers environmental quality by increasing pollution levels.
  3. The country’s enormous population dilutes the effectiveness of the country’s welfare services. Due to the high population density, it is difficult to adjust government aid systems to the requirements of those who are in desperate need.

There can be certain negative effects of the population control if it is coercive:

  1. If child policy is strictly followed by legislation, it will increase the incidence of sex-selective abortions and constitute a significant threat to women in society.
  2. Due to sex-selective abortions and female infanticide, there will be a massive gender imbalance and the sex ratio will decline dramatically. As a result, the majority of men will have trouble finding brides.
  3. Withdrawing welfare benefits from a family that does not meet the two-child policy norm would be a violation of the existing children’s fundamental rights, and the population would become unproductive because they would be unable to contribute to the nation’s Gross Domestic Product without access to government-provided education and basic amenities.
  4. Another issue is the nation’s growing population aging, which is damaging to the country’s development.
  5. Welfare schemes are extremely discriminatory, which goes against the spirit of the 73rd constitutional amendment[6] because they hinder women and young people from voting.

When looking at these effects, it’s important to remember that the two-child policy creates more problems than it solves. The importance of population management cannot be overstated. The use of coercive techniques, on the other hand, will not help to attain the goal of population control.

Conclusion

The world has learnt a significant lesson from China’s harsh impacts on its population control efforts, such as high sex ratios, abandonment of female children, population aging, and so on. Rather than dealing with the long-term consequences of population control, it is preferable to invest in infrastructure and education to handle population expansion. Rather than investing in the population, a country might develop itself by providing high-quality education, health care, and other basic services to make the present population more productive, resulting in increased GDP. We can all agree that a huge population produces a slew of issues, and population management is critical. A punitive measure could backfire, and the greatest defense is to encourage progress.


References:

[1] Children in India, https://www.unicef.org/india/children-in-india

[2] Two child policy- A boon or bane, Ayush Verma, July 17, 2020, https://blog.ipleaders.in/two-child-policy-boon-bane/

[3] The Population Control Bill, 2016, Shri Prahlad Singh Patel, M.P.

[4] The Constitution (Amendment) Bill, 2020 — Private Member’s Bill introduced in Rajya Sabha to encourage — “two child policy”, February 11, 2020By Devika Sharma

[5] Hindustan Times. “‘RSS to shift focus to two-child policy’, says Mohan Bhagwat, https://www.hindustantimes.com/india-news/rss-to-shift-focus-to-two-child-policy-says-mohan-bhagwat/story-19zglEFSvIZrf1KIEDM9HL.html, Accessed December 8, 2021.

[6] The Constitution (Seventy-third Amendment) Act, 1992, https://www.india.gov.in/my-government/constitution-india/amendments/constitution-india-seventy-third-amendment-act-1992, Accessed on December 9, 2021.


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