Is two-child policy a realistic goal in India? GS: 1 "EMPOWER IAS"

In news:

• A Rajya Sabha MP has introduced a Private Member’s Bill on two-child norms.

 

Key propositions of the Bill

• Essentially, the Bill aims to amend the Constitution in order to incentivise limiting families to two children by offering tax concessions, priority in social benefit schemes and school admissions, among other things.
• It proposes incentives in taxation, education and employment for people who limit their family size to two children.

 

Article 47A

• The Bill has sought the incorporation of a new provision, Article 47A in Part IV of the Constitution, to withdraw all concessions from people who fail to adhere to the “small-family” norm.
• Article 47A says the following:
•  “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 concession from and deprive such incentives to those not adhering to small family norm, to keep the growing population under control.”

 

The Analysis: Is the ‘Two-Child Policy’ required for India?

• The population of India is growing and will continue to grow for the next couple of decades. The reason for the fact is the higher proportion of people in the marriageable age group who will produce children.
• Data shows that fertility rates are declining tremendously as compared to the recent past. The average number of children that a woman is expected to bear in her lifetime is called TFR.
• The National Family Health Survey data shows that the country-level TFR in India is 2.23, which is not hugely above the desired level of 2.1.
• A TFR of about 2.1 is considered as replacement-level fertility if achieved, it will lead the population to stabilize in the long run.
• In the case of India, Twenty states/UTs have achieved the replacement-level TFR, another five have got it below 2.2, with the remaining 11 states having a higher rate.
• Data also indicate that these 11 states/UTs account for 42% of the country’s population, they are already showing a fall in their TFRs.
• Looking at these statistics, there is no need to usher the policy like Assam has promulgated to control the population.
• Despite the fact that we have framed a National Population Control Policy, we are the second most populous country in the world.
• Further, the population explosion will cause “many problems” for our future generations.
• The Bill also makes a reference to “overburdened” natural resources that are overexploited because of overpopulation.

 

Two-child policy in states

• Assam is the first state in India to have such a policy in place.

•  Rajasthan: For government jobs, candidates who have more than two children are not eligible for appointment. The Rajasthan Panchayati Raj Act 1994 says that if a person has more than two children, he will be disqualified from contesting election as a panch or a member.
• Madhya Pradesh: The state follows the two-child norm since 2001. Under Madhya Pradesh Civil Services (General Condition of Services) Rules, if the third child was born on or after January 26, 2001, one becomes ineligible for government service. The rule also applies to higher judicial services.
• Telangana and Andhra Pradesh: Under Section 19 (3) read with Sections 156 (2) and 184 (2) of Telangana Panchayat Raj Act, 1994, a person with more than two children shall be disqualified from contesting election. However, if a person had more than two children before May 30, 1994, he or she will not be disqualified. The same sections in the Andhra Pradesh Panchayat Raj Act, 1994, apply to Andhra Pradesh, where a person having more than two children shall be disqualified from contesting election.
• Gujarat: In 2005, the government amended the Gujarat Local Authorities Act. The amendment disqualifies anyone with more than two children from contesting elections for bodies of local self-governance — panchayats, municipalities and municipal corporations.
• Maharashtra: The Maharashtra Zilla Parishads And Panchayat Samitis Act disqualifies people who have more than two children from contesting local body elections (gram panchayats to municipal corporations). The Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 states that a person having more than two children is disqualified from holding a post in the state government. Women with more than two children are also not allowed to benefit from the Public Distribution System
• Uttarakhand: The state government had decided to bar people with more than two children from contesting panchayat elections and had passed a Bill in Vidhan Sabha in this regard. But the decision was challenged in the High Court by those preparing for village pradhan and gram panchayat ward member elections, and they got relief from the court. Hence, the condition of two-child norm was applied to only those who contested the elections of zila panchayat and blocks development committee membership.
• Karnataka: The Karnataka (Gram Swaraj and Panchayat Raj) Act, 1993 does not bar individuals with more than two children from contesting elections to local bodies like the gram panchayat. The law, however, says that a person is ineligible to contest “if he does not have a sanitary latrine for the use of the members of his family”.
• Odisha: The Odisha Zilla Parishad Act bars those individuals with more than two children from contesting.

 

Social Consequences of ‘Two-child Norm’:

• Sex-Selective Abortions: A legal restriction to two children could force couples to go for sex-selective abortions as there are only two ‘attempts’.
• Unsafe Abortions: A significant proportion of rural women especially those from lower socio-economic strata, would be forced to go for unsafe abortions because of issues of access and affordability.
• Gender Imbalances: Enforcement of such policies will create gender imbalances and also can create mental subordination towards women.
• Negative Population Growth:  By interfering with the birth rate, India faces a future with severe negative population growth, a serious problem that most developed countries are trying to reverse. 
• Apart from this, other consequences are as follows:

1. Desertion and bigamy
2. Neglect and death of female infants
3. Cases of pre-natal sex determination
4. Induced abortion of the female fetus

 

Whether implementing such policy discriminating in nature?

• If implemented, these measures would be contrary to the constitutional Right to Education (Article 21A, Article 45 and 51A) and Right to Life (Article 21) and also the United Nation’s Convention on Rights of Child. 
• As the policy keep abstains people from contesting election in Panchayat. Of these, Dalits, Adivasis, and OBCs formed an overwhelming 80%.
• Implementation of such types of measures will contravene the 73rd amendment, which aims to give political representation to people from marginalized communities in democratic processes.

 

The government on Population Control: Measures taken so far

• Human resource development plan: A rational human resource development plan is in place for the provision of IUCD, minimap, and NSV.
• National Population Policy 2000: In pursuance of this policy, Government has taken a number of measures and as a result, Population Growth Rate in India has reduced substantially
• Quality care in Family Planning services: Quality care in Family Planning services by establishing Quality Assurance Committees at the state and district levels.
• National Family Planning Indemnity Scheme’ (NFPIS): NFPIS under which clients are insured in the eventualities of deaths, complications.
• Ministry of Home and Family Welfare: Compensation scheme for sterilization acceptors - under the scheme MoHFW provides compensation for loss of wages
• Emphasis on Minimap Tubectomy services: Emphasis on Minimap Tubectomy services because of its logistical simplicity and requirement of only MBBS doctors and not post-graduate gynecologists/surgeons.
• Accreditation of more private/NGO: Accreditation of more private/NGO facilities to increase the provider base for family planning services under PPP.

 

Criticisms related to ‘Two-Child Policy’:

• Many critics have argued that the population growth in India naturally goes on the path of declining trajectory as the countries becoming more educated.
• It was observed in the case of China’s One-Child Policy that resulting from a strong preference for boys and millions of undocumented children who were born to parents that already had their one child.
• These problems also may arise in the case of India with the implementation of the two-child policy.
• Human Rights Commission (NHRC) in its declaration mentioned that the two-child policy as regressive and violating the principle of voluntary informed choice, human rights, and rights of the child. 

 

Way Ahead:

• In spite of having two-child policy norms, India needs to improve the ongoing measures by making these policies more comprehensive.
• There are several states who have improved the fertility rate, not just in terms of fertility but for education and health as well. 
• In general, South Indian states have also been at the forefront in improving social indicators like the literacy rate, especially among females, which are better than the rest of the country.
• In this scenario, the Indian government must focus on overall social development instead of coercive population control measures.
• They should provide an enabling environment in which couples voluntarily opt for, and feel safe about, limiting their family size.

 

Source) https://indianexpress.com/article/india/in-rajya-sabha-shiv-sena-mp-brings-in-private-member-bill-for-two-child-norm-6265268/