Draft of UP Population Control Bill 2021 Published; No Promotion, No Subsidy, Can’t Contest Election For Violating Two-Child Norm

The State Law Commission, U.P. has published the Draft of Uttar Pradesh Population (Control, Stabilization And Welfare) Bill, 2021.

The Commission is working on Legislation for control, stabilization and welfare of the population of the State. Suggestions have been invited through e-mail i.e. statelawcommission2018@gmail.com by 19 July 2021.

Salient Features of the Bill

Object:

The Object of the Bill is to control, stabilize the population of the State for promotion of sustainable development with more equitable distribution. The Object further states that it is necessary 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.

Applicability

The provision of this Act shall apply to a married couple where the boy is not less than 21 years of age and the girl is not less than 18 of age.

Personal Laws

In cases, where the religious or personal law governing an individual allows for polygamous or polyandrous marriage, 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.

For Example: The personal law governing X allows polygamy. X has three wives A, B and C. X and A, X and B, and X and C shall be counted as three distinct married couple so far as the status of A, B and C is concerned but as far as the status of X is concerned, it shall be counted as one married couple for the purpose of calculation of cumulative number of children. For example, A has one child from B, two children from C and one child from D, the total number of children of A shall be four

Two-child norm‟ 

It has been defined as an ideal size of a family consisting of a married couple with two children

Incentives to Public servants for following two child norm (Section 4)

The public servants under the control of State Government who adopts two-child norm by undergoing voluntary sterilization operation upon himself or spouse, shall be given the following incentives—

  • two further increments over the course of the service; 
  • subsidy for the purchase of a plot of land, a house site, or a constructed house from the Housing Board or Development Authority, as required;
  • Soft loan for house building or purchase at nominal interest rates, as prescribed; 
  • rebate on utility charges such as water, electricity, water, and house tax, as prescribed;
  • Maternity or, as the case may be, paternity leave of 12 months with full salary and allowances; 
  • a 3% increase in the employer’s contribution Fund under national pension free health care facility and insurance coverage for spouse; and 
  • any additional benefits and incentives prescribed.

Incentives to Public servants for following one child norm (Section 5)

Section 5 of the Draft Bill says the public servant , who have only one-child and undergo voluntary sterilization operation upon himself or spouse, in addition to the incentives provided under Section 4, shall be given the following incentives,— 

  • two further increments over the course of the services
  • free health care and insurance coverage for a single child until the age of twenty; 
  • preference for single children in admission to all educational institutions, including but not limited to Indian Institute of Management, All India Institute of Medical Science, and others; free education up to graduation level; 
  • scholarship for higher studies in the case of a girl child; 
  • preference for single children in admission to all educational institutions, including but not limited to Indian Institute of Management, All India Institute of Medical Science, and others; 

Incentive to general public— (Section 6)

Any individual other than public servant, who adopts two-child norm by undergoing voluntary sterilization operation upon himself or spouse,shall be given the incentives and benefits as provided:

  • Soft loan for house building or purchase at nominal interest rates, as prescribed; 
  • rebate on utility charges such as water, electricity, water, and house tax, as prescribed;
  • Maternity or, as the case may be, paternity leave of 12 months with full salary and allowances, 
  • as well as any other benefits and incentives prescribed.

Single Child Incentive

Any individual other than the public servant, who have only one-child and undergo voluntary sterilization operation upon himself or spouse, in addition to the incentives provided herein above shall be provided:

  • free health care facility and insurance coverage to the single child till he attain the age of twenty years; 
  • 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.; 
  • free education up-to graduation level; 
  • scholarship for higher studies in case of a girl child; 
  • preference to single child in government jobs; and

Special Benefit to Couple Living under the Below Poverty Line (Section 7) 

If 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 rupees eighty thousand if the single child is a boy, and rupees one lakh if the single child is a girl.

Disincentives, Revocation of Incentives etc (Section 8)

Whosoever, after the commencement of this Act, in contravention of two child norm procreates more than two children shall be ineligible to avail any incentives and benefits provided under Section (4) to Section (7), and, in addition thereto, shall be subject to additional disincentives like :-

  • debarring from benefit of Government sponsored welfare schemes,
  • Limit of ration card Units upto Four, 
  • Other disincentives as may be prescribed.

Bar on contesting election to Local Body etc (Section 9)

Whoever, after the commencement of this Act, procreates more than two children in violation of the two child norm shall be disqualified to run for local authority or any body of local self-government.

Individuals who are already members of a local body or any body of the local self-government and have more than two children at the time of the beginning of this Act are excluded.

Every member of a municipal body or other body of local self-government who has more than two children at the time of the commencement of this Act must give an undertaking that they will not act in violation of the two-child standard. Violations will result in dismissal from the position.

Violation of Two Child Norm Will lead to following Bars:

  • Bar on Promotion in government services
  • Bar on receiving any kind of government subsidy

General Exceptions

  • Multiple Birth out of Second Pregnancy
  • Adoption
  • Disability of the first or second child
  • Death of the child
  • Married couple expecting a child at the time of commencement of this Act

Read/Download Bill

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