Breaking News UP Law Commission proposes two child population policy-seeks public...

UP Law Commission proposes two child population policy-seeks public response

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Lucknow, Jul 10(ILNS) The State Law Commission in Uttar Pradesh has sought public comments by July 19 on the draft ‘UP Population (Control, Stabilization and Welfare) Bill, 2021. After the enactment of a new law, the benefits of state government-sponsored welfare schemes will be limited to only those with two children or less.

According to the Draft , Government employees following the two-child policy will be eligible for incentives like-
(a) two additional increments during the entire service; (b) subsidy towards purchase of plot or house site or built house from Housing Board or Development Authority, as may be prescribed; (c) soft loan for construction or purchasing a house on nominal rates of interest,as may be prescribed; (d) rebate on charges for utilities such as water, electricity, water, house tax, as may be prescribed; (e) Maternity or as the case may be, paternity leave of 12 months, with full salary and allowances; (f) three per cent increase in the employer‘s contribution Fund under national pension(g) free health care facility and insurance coverage to spouse; and (h) such other benefits and incentives, as may be prescribed.

There are Additional incentives provided to Public servants adhering to the one-child norm (a) two additional increments during the entire services Provided that the additional increments provided shall be in addition to the increments provided under clause (a) of Section 4; (b) free health care facility and insurance coverage to the single child till he attain the age of twenty years; (c) 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.; (d) free education up-to graduation level; (e) scholarship for higher studies in case of a girl child; (f) preference to single child in government jobs; and (g) such other benefits and incentives, as may be prescribed.

Individual other than public servant, who adopts two-child norm or one child norm by undergoing voluntary sterilization operation upon himself or spouse,shall be given the incentives such as govt employees comprising – house purchase or construction soft loan, rebate in utilities, 12-month maternity & paternity paid leave, free health care to the spouse.

The Draft provided Special Benefit to Couple Living under the Below 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.

Whosoever, after the commencement of this Act, any individual in contravention of two child norm procreates more than two children shall be ineligible to contest elections to local authority or any body of the local self-government. Moreover if any person contravention of two child norm procreates more than two children shall be ineligible to apply for government jobs under the State Government. Further if any government employee procreates more than two children shall be ineligible to get promotion in government services. There is further Bar on any individual who procreates more than two children shall be ineligible to receive any kind of government subsidy.

The Proposed Draft Bill provides certain exceptions of Multiple Birth and Adoption of Child. An action of an individual shall not be deemed to be in contravention of the two child norm under this Act, if he or she has a child born out of the first pregnancy, subsequently having more than two children, as a result of multiple birth subsequently out of the second pregnancy.

Any individual having two children conceived from his marriage adopts a third child under The Hindu Adoption and Maintenance Act, 1956 or The Juvenile Justice Act, 2015, The Guardians and Ward Act, 1890 or any other law for the time being in force dealing with adoption in India shall not be deemed to be in contravention of the two child norm under this Act. Exemption is given to whom children born out of the earlier pregnancy suffer from disability and the couple conceives a third child subsequently.

The Draft provided “Notwithstanding anything contained in this Act or any other law for the time being in force, an action of an individual shall not be deemed to be in contravention of the two child norm under this Act, if either, or both, of his children born out of the earlier pregnancy dies and the couple conceives a third child subsequently”.

A husband in a polygamous marriage violating this law will not receive any benefits and incentives under provided under this Act and will be liable to face the disincentives, however, his wife and children will be eligible for the benefits. Similarly a wife in a polyandrous marriage violating this law will not receive any benefits and incentives provided under this Act and will be liable to face the disincentives.

Government Duties mentioned the Draft- (a) implement the Revised State Population Policy to achieve the goals mentioned therein; (b) establish maternity centers at all the primary health centers; (c) distribute contraceptive pills, condoms, etc through Healthcare Centres and Non-Governmental Organizations; (d) encourage use of contraceptive pills, condoms, etc through Healthcare Centre and Non-Governmental Organizations; (e) spread awareness about family planning methods through community health workers such as auxiliary nurse midwife or accredited social health Activist; (f) ensure mandatory registration of pregnancy, deliveries, birth and death across State; (g) distribute iron and vitamin capsules and tablets amongst the expecting mothers; (h) conduct regular vaccination and immunization drives to protect the children from various health risks; (i) undertake efforts to encourage the husband-wife communication and male participation in family planning matters; (j) organize massive information and education campaigns to generate public awareness related to the benefits of having small families and healthy birth spacing; (k) form village level societies to encourage and as the case may be, disseminate benefits of small family norm, value of girl child and efforts to promote gender equality in all walks of life; and (l) undertake such other measures as it may deem fit and expedient for the purposes of this Act, (m) facilities at Government expense for reversing sterilisation operations in case of death or permanent disability of a child of the couple after the sterilisation.

In addition to the duties , the state government will introduce a compulsory subject relating to population control in all secondary schools and will ensure that contraceptives are available at reasonable rates at all sub-health centres in the State.

Moreover , the State Government shall as soon as possible after the commencement of this Act take steps for group insurance, at Government expense, of all qualified allopathic surgeons carrying on sterilization operations on men or women and of other staff and of hospital authorities concerned to cover claims for compensation to be paid to a couple where the woman operated on or the wife of the man operated on becomes pregnant even after such operation./ILNS/SNG

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