Sunday, May 11, 2003		Books

Stressing the need for population law
Jawahar Lal Dwivedi

Population Law: an Instrument for Population Stabilisation
by Usha Tandon. Deep and Deep Publications Pvt. Ltd., New Delhi. Rs 950.

THERE are many writings suggesting solution to the problem of over-population in India. Demographers, social scientists and medics have tried to tackle the subject from various angles. However, the legal aspect of the problem has not received due attention so far. The main aim of this book is to highlight the relevance and importance of law as an instrument of population. The law has a difficult role to play in India, as it should mould public opinion, remove traditional attitudes and foster new values, particularly in the area of fertility regulation. In the West, on the other hand, the law follows the public opinion, says Usha Tandon.

The author has discussed some of the basic issues in the book. Does a couple have a fundamental right to procreate? Is the issue of procreation an absolute private affair? Can law regulate it? If yes, to what extent the judiciary play an active role in solving the gigantic problem of population control in India through creative judgements by interpreting the various directive principles of state policy? The author rejects compulsory sterilisation for population control and offers a package of incentives and disincentives through law for responsible parenthood by providing the maximum pay-offs.

Some experts argue that the rise in the standard of living, education, employment, health care and other basic social needs will automatically lead to reduction in the birth rate. But the analysis of this approach reveals that there is a critical level of standard of living, which has been found to lead to a rapid reduction in the birth rate. Hardly 15 per cent of India’s population is above this critical level. While the country has been trying to accelerate the pace of economic development, it has failed to raise the living standard of the masses. The author believes that the problem of over-population can never be solved so long as it is only regarded as economic, demographic or juridical in nature.

Since the problem is multidimensional and cannot be viewed in terms of number and census alone, it has to be viewed in terms of how the country’s laws, regulations and administrative structures play a role and how law as a means of regulation changes the attitude of people. Population control laws may relate to public health and sanitation; food preparation, distribution and sale; drugs and pharmaceuticals; clinics, hospitals and medical personnel; marriage, fertility and child-care; migration, education and the role and status of women. The law not only reflects contemporary social norms but it is also an instrument for social change by virtue of its influence upon human behaviour. The author has suggested that the law must be conceived as a social institution, a people’s devise for satisfying the ever-changing needs and wants of a contemporary society.

Describing various uses for the population explosion such as family style, inter-spouse communication, concept of marriage, preference for son, economic status, education status of women, infant and child mortality, myths, fears and beliefs about contraceptives, etc., the author has classified the law into two categories i.e. the laws directly and indirectly affecting procreation: small family Acts for civic bodies, constitutional provisions, marriage-divorce-inheritance laws, child-welfare and labour welfare laws, law against female-foeticide, prohibition of dowry, income tax, etc., issues have been widely discussed in the category of laws indirectly affecting procreation. The law of income tax can be gainfully utilised for reducing the fertility of women by imposing disincentives for larger family and providing incentives for small family. Contraception, sterilisation and abortion directly affect the procreation. The author has selected some developed and developing countries to have a look at the laws relating to population.

China has a set of incentives and disincentives to persuade a couple to have only one child. Parents with one child have priority for housing, monthly subsidies, higher pensions, etc. They are allowed free education for the child. Sterilisation is allowed in China for the purpose of family planning. In contrast to most countries, the Chinese government endorses the use of abortion as a means of birth control. The author discusses in detail the strategies being adopted by various countries for population control and gives valuable suggestion in context of India.

Usha Tandon has suggested that a proper detailed law about sterilisation should be enacted at the earliest. On ground of physical, social and mental welfare of women, the abortion on demand should be available to every Indian woman. There is a need to enact "The Responsible Parenthood Act" which should encourage, facilitate and constrain the people to adopt small family. The author has many other useful and practical suggestions, which may help combat the population growth. The book can be useful for researchers, lawyers, policymakers and the common people.