HC disposes of petition seeking law to control population, says enacting law is work of parliament, legislature

The Delhi High Court on Tuesday disposed of a petition seeking direction to the Union of India for the enactment of a population control law.

A division bench of Chief Justice DN Patel and Justice C Harishankar, while disposing of the petition, said: "We see no reason to entertain this plea. Enactment of a law is a rare phenomenon and is the work of Parliament and State Legislature."

The bench further observed: "The work of the court begins after the enactment of the law. If such petition is allowed, we will have to work for various departments of the government."

Petitioner Ashwini Upadhyay had sought direction to the Centre to ascertain the feasibility of implementing recommendations of the National Commission to Review the Working of the Constitution, also known as Justice Venkatachaliah Commission, on population control.

The petition was also seeking to declare that the state may set two-child norm as a criterion for government jobs, aids, and subsidies and may withdraw statutory rights like the right to vote, right to contest, right to property, right to free shelter, right to free legal aid and so on.

Ashwini Upadhyay, who is a member of BJP, was also seeking direction to the government to declare first Sunday of every month as Health Day in place of Polio Day to spread awareness on population explosion and provide contraceptive pills, condoms, vaccines, etc., to EWS and BPL families, with polio vaccines.

The petition also sought direction to the Law Commission of India to prepare a comprehensive report on population explosion within three months and suggest ways to control it.