‘Society has disputes, moving court won’t resolve all problems’: SC on PIL on population control
New Delhi: The Supreme Court on Friday, while hearing a PIL on population control, said the matter has invited the government’s attention and it is for the government to take a policy decision, not the court.
A bench of Chief Justice U.U. Lalit and Justice J.B. Pardiwala observed that disputes are integral to societies, but every problem cannot be resolved by moving the top court directly.
Reluctant to entertain the petition, the bench told the petitioner, advocate Ashwini Upadhyay, that government’s attention has been invited on the matter and it has also applied its mind to the issue. “Now, it is for them to take a policy decision. Our job is over… we will close the petition,” it said.
The bench also expressed its disinclination to issue notice to all the states, as sought by the petitioner. Upadhyay argued that since population comes under the concurrent list of the Constitution, states can also make laws to control it and urged the bench to issue notice to all state governments.
Wondering how it could issue notice to states on population control issue, it told Upadhyay that he needs to satisfy the court first on the matter.
Emphasising that no society is free of problems, the bench said every problem cannot be solved through Article 32, under which pleas including PILs are directly filed before the apex court.
After hearing arguments, the top court scheduled the matter for hearing on October 11. Upadhyay’s plea sought direction to the Centre and states to take steps, including enforcing a two-child norm, to control population.
The top court, in January 2020, had sought Centre’s response on Upadhyay’s plea, who moved against the Delhi High Court order, which dismissed a PIL seeking introduction of certain steps, including the two-child norm, to control population.