Earlier three occasions also such PILs came before us and this was our stand. We cannot ask or compel the Election Commission to frame rules. We cannot go into areas were we ought not to":SC Bench
Supreme Court today refused to admit a PIL seeking a direction to the Centre to ensure strict population control measures by adopting a two-child policy. Following it, the PIL was withdrawn by the petitioner.
Justices Kurian Joseph and Mohan M Shantanagoudar said: 'Earlier three occasions also such PILs came before us and this was our stand. We cannot ask or compel the Election Commission to frame rules. We cannot go into areas were we ought not to".
It is to be noted that the PIL also sought a direction to the Centre to take appropriate steps to make two-child norm a mandatory criteria for contesting parliamentary, state assembly and local body elections, forming a political party, becoming political office bearers and applying for jobs in the executive and judiciary and receiving government aids and subsidies.
The PIL filed by Supreme Court lawyer and Delhi BJP leader Ashwini Upadhyay has made Women and child development ministry, health ministry and law ministry as respondents. It sought the implementation of the recommendations of National Commission to Review the Working of the Constitution (NCRWC) also know as Justice Venkatachaliah Commission.
It said NCRWC submitted its Comprehensive Report including a suggestion on Population Control on March 31, 2002 to the then Law Minister but unfortunately successive governments did nothing in this regard till date..
The petition alleged that because of the continuing inaction and apathy of the State and the executive to implement population control measures, the fundamental rights guaranteed under the Constitution, including the right to health, shelter, water, speedy justice, environment and livelihood, cannot be secured to all citizens.
“The petition is seeking a direction to the Government of India to ascertain the feasibility of implementing the recommendation of the National Commission to Review the Working of the Constitution on Population Control.
“It is the continuing apathy of the State and the Executive to implement population control measures, which in turn jeopardizes the enjoyment of fundamental rights”, said the PIL.
The inaction and apathy of the State injures the public because right to health, right to shelter, right to water, right to speedy justice, right to healthy environment, right to development, right to dignity, right to livelihood, right to live peacefully, right to equal pay for equal work, right to free legal aid guaranteed under Article 21 of the Constitution can’t be secured to all citizens without population control.