Center said it is against forced family planning. (Figurative)
New Delhi:
The Center has told the Supreme Court that India is unequivocally against imposing family planning on its people and that any coercion to have a certain number of children is counterproductive and leads to demographic distortions.
In an affidavit filed in the superior court, the Ministry of Health told the superior court that the family welfare program in the country is voluntary in nature, allowing couples to decide their family size and adopt the methods of family planning that best suit them, according to their choice and without any obligation.
The filing was made in response to a PIL filed by BJP leader and lawyer Ashwini Kumar Upadhyay, challenging an order from the Delhi High Court that dismissed a guilty plea seeking certain steps, including the two-child rule, to control the growing population of the country.
The ministry said that “public health” is a state issue and state governments must lead the health sector reform process in an appropriate and sustainable way to protect ordinary people from health risks.
“The improvement in the health sector can be effectively led by the state government with effective monitoring and specific intervention to control and regulate the process of implementation of the guidelines and schemes in an adequate perspective,” he said.
“Respondent responding # 1 (ministry) plays a supportive and facilitating role in achieving health care reforms and outcomes. It is reiterated that respondent # 1 simply acts as a facilitator to deliver Accessible and affordable health care through health sector reforms, “he said.
The ministry said that when it comes to implementing the guidelines and schemes in the states, it has no direct role and it is the prerogative of the respective state governments to implement the schemes according to prescribed guidelines.
The ministry only allocates funds to state governments for the implementation of approved schemes, he added.
The Ministry of Health and Family Welfare told the high court that India has adopted a comprehensive and holistic National Population Policy (PNP), 2000, with clearly articulated objectives, strategic themes and operational strategies.
The 2017 National Health Policy (NHP) provides a policy guide to inform, clarify, strengthen and prioritize the role of government in shaping health systems in all its dimensions, he said.
The NHP establishes indicative and quantitative goals and objectives that include the achievement of the Total Fertility Rate (TFR) of 2.1 by 2025.
The 1994 Program of Action of the International Conference on Population and Development, to which India is a signatory, is unequivocally opposed to coercion in family planning.
“In fact, international experience shows that any coercion to have a certain number of children is counterproductive and leads to demographic distortions,” the ministry said.
India is witnessing a steady decline in TGF, the ministry said, adding that the fertility rate which was 3.2 at the time NPP was adopted has dropped substantially to 2.2 according to the Sample Registration System, 2018 .
The high court had previously requested the Center’s response to a guilty plea challenging an order from the Delhi High Court dismissing a PIL seeking certain steps, including the two-child rule, to control the country’s growing population.
The appeal has challenged the high court order of September 3, which said it was up to Parliament and state legislatures to enact laws and not the court.
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