Supreme Court declines to consider PIL on two-child norm

The bench said that legislature should deal with the matter

The Supreme Court on Friday declined to entertain a PIL to consider a plea for a two-child norm and implementation of population control policy across the nation, saying it is for the legislature to deal with the social issue and moreover, the country is on a declining trend.

A bench of Justices Sanjay Kishan Kaul and Abhay S Oka also refused to refer the matter to the Law Commission on a plea by advocate Ashwini Kumar Upadhyay.

"How do we get into the enacting of a legislation? You are essentially seeking for a two-child norm. Let the legislature do it," the bench said.

The petitioner submitted that we wanted a report to be made by the Law Commission.

"What can the Law Commission do in this? It is a social issue. Let the government take this into account," the bench said.

The court said the plea has listed a number of prayers, including the declaration of Sunday as 'National Population control Day'.

The petitioner insisted the Law Commission should make a comprehensive report.

"How can Law Commission do this? This is your prayer. Is this a Law commission's task? We will not touch the issue. This is the government's job," the bench said.

"We have read enough material on this suggesting that our country is on a declining trend as opposed to other countries that are getting worse," the bench added.

The counsel then said justice delayed is justice denied.

"Who is getting justice in this? Have some reasonableness in understanding what is the court's job," the bench further said.

Solicitor General Tushar Mehta, appearing for the Centre, said, "We are doing whatever is in our capabilities and whatever we can to do to control population growth."

The bench said it was not going to pass any orders.

"We need to restrain ourselves. You want publicity, it is not our job to give you publicity. We don't want this subject to be dealt before us," the bench said.

The petitioner, among others, sought a direction to the Centre and States to frame stringent and effective rules regulations and guidelines to control population explosion in order to secure fundamental rights like rights to get clean air, water, food, health, to peaceful sleep, shelter, livelihood, education and dignity.