Advocate Ashwini Upadhyay presented the PIL seeking population control measures infront of the Division Bench of Justice DN Patel and Justice Hari Shankar. The bench dismissed the PIL saying only government is entitled to introduce policies on population or child control.
The petitioner prayed the Court to direct the Union of India to find the practicability of implementing the 24th recommendation of National Commission to Review the Working of the Constituion (Justice Venkatchaliah Commission) on population control.
Further, the petitioner wanted the Court to declare that State can set Two-Child control rule, as criteria for government jobs, aids and subsides, and can cut down the statutory rights like right to vote, right to contest, right to property and right for free legal aid.
The petitioner argued that population growth is the main reason for corruption and crimes in the country. Lastly he prayed the Court to direct the Law Commission of India to prepare a detailed report on the rise of population within three months and advice on controlling it.
Whereas, the Court had a different opinion on population control and clearly stated that “law is nothing but desire of the people of India and desire o people is concentrated in the parliament and state legislature.”
High Court dismissed the claim of issuing any direction to the government with regard to two-children policy and also showed concern that by allowing such petition the courts will burden itself with unwanted work which should rightly done by the government.
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