PIL to control population: Can't coerce family planning, Centre tells SC

Centre has told Supreme Court that India is unequivocally against forcing family planning on its people and any coercion to have a certain number of children is counter-productive and les to demographic distortions. In an affidavit filed in top court, health ministry told apex court that family welfare program in country is voluntary in nature, which enables couples to decide size of ir family and opt family planning methods best suited to m, according to ir choice and without any compulsion.

submission was me in response to a PIL filed by BJP leer and lawyer Ashwini Kumar Uphyay challenging a Delhi High Court order that dismissed a plea seeking certain steps, including two-child rm, to control country's growing population.
 

ministry said that 'public health' is a state subject and state governments must le process of health sector reforms in a suitable and sustainable manner to protect common people from health hazards.

Improvement in health sector can be effectively led by state government with effective monitoring and specific intervention to control and regulate implementation process of guidelines and schemes in a proper perspective, it said.
 

answering respondent . (ministry) plays a supportive and facilitative role in achieving health care reforms and outcomes.It is reiterated that answering respondent . 1 merely acts as a facilitator for providing accessible and affordable health care through state-led reforms in health sector, it said.

ministry said that as far as implementation of guidelines and schemes in states is concerned, it does t have any direct role and it is prerogative of respective state governments to implement schemes as per prescribed guidelines.

ministry only allocates funds to state governments for implementation of approved schemes, it ded.

Ministry of Health And Family Welfare told top court that India has opted a comprehensive and holistic National Population Policy (NPP), 2000, with clearly articulated objectives, strategic mes, and operational strategies.
 

National Health Policy (NHP), 2017 provides for policy guidance to inform, clarify, strengn, and prioritize role of government in shaping health systems in all its dimensions, it said.

NHP sets out indicative, quantitative goals and objectives which include achievement of a total fertility Rate (TFR) of 2.1 by 2025.

Programme of Action of International Conference on Population and Development, 1994, to which India is a signatory, is unequivocally against coercion in family planning.
 

"In fact, international experience shows that any coercion to have a certain number of children is counter-productive and les to demographic distortions," ministry said.

India is witnessing a constant decline in TFR, ministry said, ding that fertility rate which was 3.2 at time when NPP was opted has declined substantially to 2.2 as per Sample Registration System, 2018.

apex court h earlier sought Centre's reply on a plea challenging a Delhi High Court order that dismissed a PIL seeking certain steps, including two-child rm, to control country's rising population.

appeal has challenged September 3 high court order, which said it was for Parliament and state legislatures to enact laws and t for court.

PIL said high court failed to appreciate that right to clean air, drinking water, health, peaceful sleep, shelter, livelihood, and education guaranteed under Articles 21 and 21A of Constitution could t be secured to all citizens without controlling population explosion.

plea in high court h claimed that population of India h marched ahe of China, as about 20 percent of Indians did t have Ahaar and refore, were t accounted for, and re were also crores of Rohingyas and Bangleshis living illegally in country.

It claimed that population explosion is also root cause of corruption, apart from being a contributory factor behind heius crimes like rape and domestic violence.

It also held a population explosion responsible for pollution and dearth of resources and jobs.

(IM CREDITS: PTI)