THE RESPONSIBLE PARENTHOOD BILL, 2018 By
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AS INTRODUCED IN LOK SABHA Bill No. 260 of 2018 THE RESPONSIBLE PARENTHOOD BILL, 2018 By DR. SANJEEV BALYAN, M.P. A BILL to provide for implementation of two child norm to improve the standard of living of citizens especially that of women and empower them, stabilize country's population in order to achieve the goal of development in accordance with country's resources while achieving the Sustainable Development Goals, 2030 of United Nations Organization, provide a graceful, safe and paucity free life for the forthcoming generation and to provide pure water, clean air and hygienic food for ensuring Right to Life as guaranteed under article 21 of the Constitution and for matters connected therewith. BE it enacted by the Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. (1) This Act may be called the Responsible Parenthood Act, 2018. Short title, extent and (2) It extends to whole of India. commencement. 5 (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate Government" means in the case of a State, the Government of the State and in all others cases, the Central Government; 2 (b) "Committee" means District Population Planning Committee constituted under section 6; (c) "living child" means a naturally born child; (d) "National Authority" means the National Population Planning Authority constituted under section 4; 5 (e) "parent" means father or mother whether biological, adoptive or step father or step mother, as the case may be; (f) "prescribed" means prescribed by rules made under this Act; (g) "Provincial Authority" means the Provincial Population Planning Authority constituted under section 5; and 10 (h) "small family" means a family with two living children or one living child. Responsibility 3. (1) No person shall, after a period of ten months from the date of commencement of of Parent for upbringing of this Act, procreate more than two living children. more than (2) If any person procreates third child after having two living children, such person two living children. shall be responsible for upbringing of that child without any facility from the Government. 15 Constitution 4. (1) The Central Government shall, within six months from the date of of National commencement of this Act, by notification in the Official Gazette, constitute a National Planning Authority to be known as the National Population Planning Authority for carrying out the Authority. purposes of this Act. (2) The National Authority shall consist of:— 20 (a) Secretary, Union Ministry of Health and Family Welfare—Chairperson, ex-officio; (b) Secretary, Union Ministry of Women and Child Development Member, ex-officio; (c) Secretary, Union Ministry of Social Justice and Empowerment—Member, 25 ex-officio; (d) Secretary, Union Ministry of Human Resource Development—Member, ex-officio; and (e) four other members working in the field of population stabilization having a minimum of ten years of experience, to be apppointed by the Central Government in 30 such manner as may be prescribed: Provided that at least two members appointed under clause (f) shall be women. Constitution 5. (1) The appropriate Government shall, within eight months from the date of of Provincial commencement of this Act, by notification in the Official Gazette, constitute a Provincial Population Authority to be known as the Provincial Population Planning Authority in every State and Planning 35 Authority. Union Territory, for carrying out the purposes of this Act. (2) The Provincial Authority shall consist of:— (a) Secretary, Ministry of Health and Family Welfare, in the State Government— Chairperson, ex-officio; (b) Secretary, Ministry of Women and Child Development, in the State 40 Government—Member, Ex-officio; (c) Secretary, Ministry of Social Justice and Empowerment, in the State Government—Member, ex officio; (d) Secretary, Ministry of Human Resource Development in the State Government—Member, ex officio; and 45 3 (e) four other members working in the field of population stabilization having a minimum of ten years of experience, to be appointed by the appropriate Government in such manner as may be prescribed: Provided that at least two members appointed under clause (f) shall be women. 5 6. (1) The appropriate Government shall, within ten months from the date of Constitution commencement of this Act, by notification in the Official Gazette, constitute a district of District Population Population Stabilization committee at the district level under its jurisdiction for carrying Stablization out the purposes of this Act. Committee. (2) The District Population Stabilization Committee shall consist of:— 10 (a) District Magistrate-Chairperson, ex-officio; (b) Chief Medical Officer-Member, ex-officio; (c) Chief Development Officer-Member, ex-offico; (d) Additional District Officer, Finance- Member ex-officio; and (e) four other members working in the field of population stabilization having 15 a minimum of five years of experience, to be appointed by the appropriate Government in such manner as may be prescribed: Provided that at least two members appointed under clause (e) shall be women. 7. The National Authority, Provincial Authority, District Population Stabilization Functions of Committee, as the case may be, under their respective jurisdiction shall— the Authority. 20 (a) ensure that a candidate contesting elections at any level including the elections to either House of Parliament or State legislature, District Panchayats, Block Panchayat, Village Panchayat, Municipal Corporation, Municipal Committees, Cooperative Committee or Sugar Committee or elections to any other such bodies shall not have more than two living children; 25 (b) implement two child norms for— newly appointed persons in Government jobs whether permanent, temporary or on contract basis; and (c) ensure that persons already serving in Government offices, whether permanent, temporary or on contract basis, and having two living children on the date 30 of commencement of this Act do not procreate more than two living children. (d) implement two child norms for those persons who are serving in any capacity in any firm, company, organisation, Institute or Trust including co-partner, partners, shareholders, Directors and members of such firm, company, organisation or Institution and entering into any contract as contractor or dealing with Government offices; 35 (e) implement two child norms for all persons who applies for any type of certificate, licences, no objection certificate or enter into any contract with Government for any new business including trade or setting up of industry; (f) ensure inclusion of two child norm in all Government welfare schemes except for welfare schemes meant for new born child including mid-day meal, education and 40 health; (g) ensure that any couple who violates the provisions of this Act, is not eligible to exercise his right to vote in any election; (h) if any couple after having two living children procreates third living child and more, such couple shall not be provided any incentive and liable for such 45 disincentives as may be decided by the appropriate Government; and 4 (i) if any couple after having two living children maintain the two child norms, such couple shall be provided incentives by the appropriate Government in such manner as may be prescribed. Exceptions. 8. (1) If there is untimely death of one or both children, the couple shall have the right to procreate two living children. 5 (2) If any or both children are physically disabled, the couple shall have the right to procreate another two living children. (3) If either of parent re-marries after divorce, in such case,— (i) if any woman has two children from previous marriage or marriages and has the legal right of custody of those children with her, such woman shall not have any 10 right to procreate any child on re-marriage; and (ii) If a man marries with spinster or childless woman, such couple shall have the right to procreate two living children. (4) if a divorcee or widower marries a spinster or a childless woman and has the legal right of custody of two children from previous marriage or marriages such couple shall have 15 right to procreate one living child. (5) if a divorcee or widow re-marries with a person who has the legal right of custody of children from such previous marriage or marriages, such couple shall have right to procreate one living child: Provided that if a couple have twins or more than two living children during first time, 20 such couple shall not have the right to give birth to a new child: Provided further that if a couple has two living children and intends to adopt one or more than one child, such couple shall have right to adopt as many number of children as they desire. Application 9. The provisions of this Act shall apply to all non-resident Indians who intend to 25 of Act to come back and settle in India. non-Resident Indians. Application 10. (1) If a couple intends to have more than two living children, such couple shall to District subject to such exceptions as may be prescribed, apply to the District Population Planning Population Planning Committee for necessary permission in such form and manner as may be prescribed. Committee to give birth to more than two living children. Examining of (2) The District Population Planning Committee shall,— 30 application by District (a) upon receipt of an application under sub-section (1), examine the reasons Population furnished by the applicant and inform about its decision within a period of one month Planning to the couple in such manner as may be prescribed; and Committee. Appeal (b) afford an opportunity of being heard to the couple before disposing of against the application, if it is not satisfied with reasons furnished by the couple for procreating 35 decision of more than two living children.