Recently Assam government announced that people with more than two children will not be eligible for government jobs from January 2021. 

Know Assam’s Two-Child Norm Policy:

• The policy seeks to bar those having more than two children from being elected or nominated to panchayat and other local bodies’ elections or government jobs.
• The policy will also bar those who will have more than two children from government jobs.
• The incentives and disincentives under the policy shall be applicable only prospectively.
• Impact: The move will have a direct impact on the weaker section of the society including women, whose reproductive choices are often subject to a variety of constraints. 
• Who else has the same policy? Assam will become the fourth state after Maharashtra, Madhya Pradesh and Rajasthan to have a two-child norm in place for government jobs.

A Private Member Bill on Two-Child Policy:

• Earlier a nominated MP has introduced a private member’s Bill- Population Regulation Bill, 2019- in the Rajya Sabha.
• The bill seeking to enforce a two-child norm by giving incentives for those adopting the small family practice and penalties for those contravening it.
• The bill mentioned that people with more than two living children should be “disqualified” from being chosen as an MP, MLA or a member of anybody of the local self-government.
• The bill also says that those government employees who have more than two children on or before the commencement of the Act should be exempted.
• Other penalties under the bill were a reduction in subsidies on loans and interest rates on savings instruments, reduction in benefits under the public distribution system.

The Analysis:

Is the ‘Two-Child Policy’ required for India?

• The population of India is growing and will continue to grow for the next couple of decades. The reason for the fact is the higher proportion of people in the marriageable age group who will produce children.
• Data shows that fertility rates are declining tremendously as compared to the recent past. The average number of children that a woman is expected to bear in her lifetime is called TFR.
• The National Family Health Survey data shows that the country-level TFR in India is 2.23, which is not hugely above the desired level of 2.1.
• A TFR of about 2.1 is considered as replacement-level fertility if achieved, it will lead the population to stabilize in the long run.
• In the case of India, Twenty states/UTs have achieved the replacement-level TFR, another five have got it below 2.2, with the remaining 11 states having a higher rate.
• Data also indicate that these 11 states/UTs account for 42% of the country’s population, they are already showing a fall in their TFRs.
• Looking at these statistics, there is no need to usher the policy like Assam has promulgated to control the population.

Social Consequences of ‘Two-child Norm’:

• Sex-Selective Abortions: A legal restriction to two children could force couples to go for sex-selective abortions as there are only two ‘attempts’.
• Unsafe Abortions: A significant proportion of rural women especially those from lower socio-economic strata, would be forced to go for unsafe abortions because of issues of access and affordability.
• Gender Imbalances: Enforcement of such policies will create gender imbalances and also can create mental subordination towards women.
• Negative Population Growth:  By interfering with the birth rate, India faces a future with severe negative population growth, a serious problem that most developed countries are trying to reverse. 
• Apart from this, other consequences are as follows:

• Desertion and bigamy
• Neglect and death of female infants
• Cases of pre-natal sex determination
• Induced abortion of female foetus

If Implemented, what will happen to the ‘Third Child’?

• Exclusion of Free & Compulsory Education: This may lead to the exclusion of free and compulsory education to that third child, and maybe also his/her coverage under the public-funded health insurance scheme.
• Depriving of the opportunity to contest elections: Parents should be punished by depriving them of the opportunity to contest elections and apply for jobs.
• Dis-qualified Candidates: A study conducted in five states shows that the two-child norm was responsible for the largest number of disqualified candidates in panchayat elections.

Whether implementing such policy discriminating in nature?

• If implemented, these measures would be contrary to the constitutional Right to Education (Article 21A, Article 45 and 51A) and Right to Life (Article 21) and also the United Nation’s Convention on Rights of Child. 
• As the policy keep abstains people from contesting election in Panchayat. Of these, Dalits, Adivasis and OBCs formed an overwhelming 80%.
• Implementation of such types of measures will contravene the 73rd amendment, which aims to give political representation to people from marginalized communities in democratic processes.

Government on Population Control: Measures taken so far

• Human resource development plan: A rational human resource development plan is in place for the provision of IUCD, minilap and NSV.
• National Population Policy 2000: In pursuance of this policy, Government has taken a number of measures and as a result, Population Growth Rate in India has reduced substantially
• Quality care in Family Planning services: Quality care in Family Planning services by establishing Quality Assurance Committees at the state and district levels.
• National Family Planning Indemnity Scheme’ (NFPIS): NFPIS under which clients are insured in the eventualities of deaths, complications.
• Ministry of Home and Family Welfare: Compensation scheme for sterilization acceptors – under the scheme MoHFW provides compensation for loss of wages
• Emphasis on Miniap Tubectomy services: Emphasis on Miniap Tubectomy services because of its logistical simplicity and requirement of only MBBS doctors and not post-graduate gynecologists/surgeons.
• Accreditation of more private/NGO: Accreditation of more private/NGO facilities to increase the provider base for family planning services under PPP.

Criticisms related to ‘Two- Child Policy’:

• Many critics have argued that the population growth in India naturally goes on the path of declining trajectory as the countries becoming more educated.
• It was observed in the case of China’s One-Child Policy that resulting from a strong preference for boys and millions of undocumented children who were born to parents that already had their one child.
• These problems also may arise in the case of India with the implementation of the two-child policy.
• Human Rights Commission (NHRC) in its declaration mentioned that the two-child policy as regressive and violating the principle of voluntary informed choice, human rights and rights of the child. 
• Economic survey for 2016-17 stated that the strict population control measure has led to an ageing population. All these commitments and pronouncements cannot be ignored.

Way Ahead:

• In spite of having two-child policy norms, India needs to improve the ongoing measures by making these policies more comprehensive.
• There are several states who have improved the fertility rate, not just in terms of fertility but for education and health as well. 
• In general, South Indian states have also been at the forefront in improving the social indicators like the literacy rate, especially among females, are better than the rest of the country.
• In this scenario, the Indian government must focus on overall social development instead of coercive population control measures.
• They should provide an enabling environment in which couples voluntarily opt for, and feel safe about, limiting their family size.