Recently, a Private Member’s Constitution Amendment Bill advocating for benefits in taxation, education, and employment for those who limit their family size to two children was introduced in the Rajya Sabha. The bill is anticipated to be discussed during the second part of the Budget session.
The Key Features of the Proposed Bill
The crux of the proposed amendment is the introduction of a new clause — Article 47A (Duty of the State to promote small family norm) — to Part IV of the Indian Constitution. This section pertains to the Directive Principles of the State Policy. The proposed insertion of Article 47A seeks to withdraw any concessions from individuals who do not comply with the ‘small-family-norm.’ Furthermore, the amendment wishes to extend incentives in taxes, employment, education, and priority in social benefit schemes and school admissions to families limited to two kids.
It should be noted that Entry 20-A in List III (Concurrent List) of the 7th Schedule addresses population control and family planning. This provision was incorporated via the 42nd Constitutional Amendment in 1976. In addition, the National Commission to Review the Working of the Constitution, headed by M.N. Venkatachaliah, recommended in 2002 that Article 47A be added to the Constitution to curb population explosion.
Current State of the Two-Child Policy
Currently, six states which includes Haryana, Rajasthan, Madhya Pradesh, Andhra Pradesh, and Himachal Pradesh, have made the two-child norm compulsory for all panchayat members. In 2018, as many as 412 panchayat members in Rajasthan were dismissed from their posts for non-compliance with the two-child norm. The Supreme Court has backed the provisions in several states that prohibit members with more than two children from contesting and holding panchayat posts.
Why India Needs a Two-Child Policy
With its current population surpassing 125 crores, India is projected to overtake China as the world’s most populous nation in the coming decades. Despite implementing the National Population Control Policy (2000), India still ranks as the second-most populous country globally. This population overflow greatly burdens and leads to the over-exploitation of India’s natural resources.
Criticism Against the Two-Child Policy
However, the proposed two-child policy has faced backlash. Critics argue that limiting family size could lead to a shortage of educated young people necessary for advancing India’s technological revolution. They caution against potential issues like gender imbalance and undocumented children, similar to the problems encountered by China due to their one-child policy. Moreover, they highlight that India’s birth rate is steadily slowing down to sustainable levels. In 2000, the fertility rate was high at 3.2 children per woman, which declined to 2.3 children by 2016.
Understanding the Role of a Private Member’s Bill
A Member of Parliament (MP) who is not a minister is classified as a private member, and any legislation they propose is termed a private member’s bill. The purpose of this bill is to draw the government’s attention to perceived gaps in existing law that warrant legislative intervention. It symbolizes opposition party stances on public matters. The introduction of such a bill in the House requires a month’s notice and its rejection by the House does not imply a lack of parliamentary confidence in the government or demand its resignation. The last time a private member’s bill was approved by both Houses was in 1970, with the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968 being the proposal. So far, 14 private member’s bills have passed into law.
