The Two child policy of Uttar Pradesh

Uttar Pradesh, currently being the most populated state in India with more than 166 million households has proposed to bring upon an Act for its stabilisation. The Uttar Pradesh Population (control, stabilisation and welfare) bill, 2021 has been proposed by the Uttar Pradesh law commission with the aim of stabilisation and welfare of the population.

This act applies to every married couple with one or more children and is beneficial if they have less than two children and if one of the spouses has undergone voluntary sterilization. (Voluntary sterilization- It refers to the surgical or non-surgical method to remove the reproductive capacity of a person voluntarily). 

This bill also gives wings for many welfare measures on a varied spectrum, major development proposals are shared here.

Benefits to public servants-

Any married person (public servant) who has adopted the two child policy and if one of the spouses in the marriage has undergone voluntary sterilization, such a person will be eligible for-

• Two additional increments during the period of service
• Subsidy for purchase of plot or house
• Loan at nominal rates for purchase of construction of house.
• Lesser rates on utilities like water, house tax, electricity etc. 
• Maternity leave for a period of 12 months during which complete salary and allowances will be granted.
• An additional 3 percent increase in Employee Provident Fund (EPF).
• Free health care facilities and insurance to spouse.  

Benefits to general public- 

If a person is not a public servant, but follows the two child policy and the voluntary sterilization condition, the following incentives can be availed: 

• Housing loans at nominal rate of interest.
• Subsidised charges for utilities like water, electricity, house tax etc. 
• Fully paid maternity/paternity leave for a period of 12months along with allowances. 
• Any other incentive that may be prescribed. 

Incentives of one child policy

• Among the spouses, if one of them undergoes voluntary sterilization after the birth of first child, the following additional benefits can be availed: 
• Two additional increments during the service period over and above the increments mentioned in the incentives of two child norm.
• Free health care facilities and insurance coverage to the child till he/she attains 20 years of age. 
• Preferential admission to single child students in all educational institutions including the top colleges like IIM, AIIMS as well as for government jobs.
• Free education up to graduation. 
• Scholarship for higher studies in case of a girl child.

Disincentives

Not only the two child policy has been encouraged through various incentives, but also, if a person does not adopt the two child policy and has more than the prescribed number of  children, then the above incentives are not applicable. 

The above benefits cannot be availed by anyone who does not follow the two child policy. Also, there are a few disincentives. A married person not following the two child policy faces a:

• Bar on applying to government jobs
• Bar on availing benefit from government sponsored welfare schemes. 
• Limit of 4 units on ration cards.
• Bar on contesting elections to local bodies.

The above disincentives shall not apply to people or employees who have more than two children at the time of commencement of Act. In the case of government employees and local body representatives with more than 2 children will have to produce an undertaking ensuring that none of their actions shall be in contravention of the act within one year of the commencement of the Act. If such contravention is discovered, he/she will be dismissed from the post and will be barred from contesting any local body elections. 

Cases of Polygamy and Polyandry

If the religious or personal laws of an individual allows polygamous or polyandrous marriage, such marriages, each couple will be considered as one unit or set though the members may be common in each set. 

To illustrate - P is married to Q, R and S. P and Q have 2 children, P and R have 4 children, P and S have 1 child. In such a case, P and R will be in contravention of the policy while Q and R won’t be. 

Exceptions to two child policy-

1. Multiple birth- If there is a case of more than one child born out of the second pregnancy, it won’t be considered as a contravention.  
2. Death- In case of death of any of the first two children, the birth of a third child will not be in contravention with the provisions.   
3. Disability- If any of the first two children of a couple is disabled, birth of a third child will not be a contravention to the policy.
4. Adoption- If the third child is adopted then such adoption will not be in contravention of this act.
5. Expecting a child at time of commencement of this Act- If a married couple is expecting a child when the Act commences, it won’t be considered to be in contravention with the provisions of 2 child policy.  For this, such a child must be born within one year of the commencement of the act.