On Friday the supreme court of India sought the center’s reply on a plea challenging an order of High Court of Delhi that dismissed a Public Interest Litigation (PIL) seeking bound steps, as well as two-child norm, to manage the country’s rising population. The Supreme Court bench headed by Chief justice S A Bobde and justice B R Gavai and Surya Kant issued notices to the center and others.
The appeal filed by the BJP Leader and lawyer Ashwini Kumar Upadhyay has challenged the Delhi high Court order which stated that it absolutely was for parliament and the state legislature to enact laws and not for the court.
The lawyer said the High Court failed to recognise the right to clean air, the right to drinking water, the right to peaceful sleep, the right to livelihood and the right to education guaranteed under Article 21 and 21A of the Indian Constitution. Without framing norms to institute method to curb the population, it becomes difficult to secure and ensure these rights to the citizens. The Delhi High Court failed to take into account the detailed discussion of the National Commission to review the working of constitution, headed by the former chief justice of India Justice M N Ventakatachaliah that recommended to insert Article 47A into the Indian Constitution to control population explosion. It is claimed that population explosion is the root cause of poverty, heinous crime and corruption. The growing population against the limited resources hinders the development of the country. The rise in unemployment and pollution is the result of population explosion.