UP Population Control Draft: People with more than two children will not get government benefits

The Uttar Pradesh government has sought a response by July 19 on the draft of the UP population control bill -- legislation that could have a far-reaching impact on the upcoming elections in the state amidst a debate that the law is targeted at the Muslim population.

The proposed draft suggests that any person having more than two children in Uttar Pradesh would be barred from getting any government subsidy or the benefit of any government-sponsored welfare scheme and cannot apply for a government job, or contest any local body election.

Chief Minister Yogi Adityanath saw a presentation of the draft law on Friday and could speak on it today.

The draft law bars, those in contravention of the two-child norm after the commencement of the Act, from the benefit of all government-sponsored welfare schemes, cannot contest election to local bodies, shall be ineligible to apply for state government jobs, cannot get a promotion in a government job, his or her ration card would be limited to four members, and he or she shall be ineligible to receive any kind of government subsidy.

“It (the Bill) shall come into force after one year from the date of publication in the Gazette,” the draft law says. In the case of polygamous marriages, each couple will be counted as one married couple for the purpose of calculation of a cumulative number of children, the law says.

“The personal law governing A allows polygamy. A has three wives B, C and D. A and B, A and C, and A and D shall be counted as three distinct married couple so far as the status of B, C and D is concerned but as far as the status of A is concerned, it shall be counted as one married couple for the purpose of calculation of a cumulative number of children,” the draft says.

The draft law lists out incentives and disincentives for the promotion of the two-child norm in the state. The incentives would be extended to anyone who adopts the two-child norm by undergoing voluntary sterilization operation upon himself or their spouse.

This will include a soft loan for construction or purchasing a house on nominal rates of interest and a rebate on charges for utilities such as water, electricity, and house tax.

Also Read: What’s the deal with forced ‘population control’?

Further, those who have only one child and undergo voluntary sterlisation will additionally get free health care facility and insurance coverage to the single child till he attains the age of 20 years, preference to a single child in admission in all educational institutions, including IIMs and AIIMS, free education up-to graduation level, scholarship for higher studies in case of a girl child and preference to a single child in government jobs.

Government employees who adhere to the two-child norm will additionally get two additional increments during the entire service, maternity or paternity leave of 12 months with full salary and allowances and free health care facility and insurance coverage to the spouse.

Employees sticking to the one-child norm will be eligible for four additional increments in all apart from the incentives promised to the general public doing the same.

Also, a couple living below the poverty line, having only one child and undergo voluntary sterilization operation upon himself or spouse shall be an eligible for additional payment from the government for a one-time lump-sum amount of Rs 80,000 if the single child is a boy, and Rs 1 Lakh if the single child is a girl.

The draft says that every government employee having more than two children at the time of commencement of this Act, will have to furnish an undertaking to the effect that they shall not act in contravention to the two-child norm.

“If any action of a government employee is found to be in violation of the undertaking given by him, he shall be dismissed from his employment with immediate effect and shall be debarred from applying in future for any government jobs under the State Government,” the proposed law says.

Some safeguards have also been built into the law in case of multiple births in a second pregnancy.

“An action of an individual shall not be deemed to be in contravention if he or she having a child born out of the first pregnancy, subsequently having more than two children, as a result of multiple births,” the draft says.

The law would also not apply to those who adopt a third child after having two children conceived from a marriage, or those whose one of the two children are disabled and they have a third child. If one or both of the children die, the couple conceiving a third child will not be considered a violation.

It has also been specified that if a married couple already having two children, conceives a third child within one year from the date of commencement of this Act will not attract the provisions of the law.

“In UP, there are the limited resources ecological and economic resources at hand, it is necessary and urgent that the provision of the basic necessities of human life are accessible to all citizen,” the preamble of the law says.

The government will also introduce a compulsory subject relating to population control in all secondary schools in the state.

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