COVID-19 AND ITS NON- STOP VIRULENCE

 

COVID-19 and its non- stop virulence

                                                           Anil K.  Khaware

                                                                      Advocate

As I write this, the nightmare of about one year appears to be resurfacing again and “Amrawati” and other cities in Maharashtra are facing lockdown or on the verge of being put to lockdown again. The covid-19 i.e  CorOna Virus DiSease -2019 appears to have undergone mutation and its variant is revisiting. The danger of Covid has not abated completely. The increasing cases of COVID variants, necessitated imposition of lockdown in various cities in Maharashtra, prohibition is again imposed on religious, social or political function and only online conference can be held. The Covid patients increased in last fortnights and mutant Covid appears to have resurfaced again. In Kerala and Punjab also there are symptom of resurgence of Covid. The caution and preventive measures is thus a sine qua non.               

It is believed that Corona has made its way from Wuhan (China).It is cosmopolitan in distribution and through mere touch or through aerosols it is transmitted. Though, the Covid was now waning across the globe, still, in its midst reports have come of its variants and reoccurrence of the symptom again in some way. The “Corona” is a virus and is composed of lipoprotein and thrives only upon entering their host with trace of RNA (Ribonucleic acid) and then it makes its host its abode and makes the latter hostage. The “Corona” makes its way to the lungs of human to circumvent the respiratory tract and the host thereafter suffers the inevitable. The Corona, when absorbed by the cells of the ocular, nasal or buccal mucosa, changes its genetic code and converts them into aggressor and multiplier cell. The genesis of Corona from “Wuhan”- a city in People Republic of China and traversed to Italy, Spain, France, Britain, USA, Belgium, Korea, Iran, Australia, Africa amongst other countries. In fact the Corona has engulfed entire Europe, besides, vast part of Asia, North America, South America, Africa, Australia and New Zealand. India is also a worst sufferer. The Corona, therefore, is declared as pandemic by World Health Organization (WHO and mechanism of its complete obliteration is still to be in place, though vaccines are invented.

The COVID-19 has tested the resolve of human in very different way. The problem of COVID remained enduring and its impact was resolute. The COVID has caused havoc leading to worldwide catastrophe and the manner of its cosmopolitan spread is a matter of grave concern. It is a matter of record that more than 130 Million peoples are already infected globally and about a Million have died due to this. In India at this stage, more than One (1) Crore of peoples are reported infected so far with Corona, though, about 99% of such people have come out of the morass. The people inflicted with Covid is still surfacing, though, which is cause of concern. On 12^th February 2020 the WHO has declared COVID-l9 as 'Pandemic.

It is no gain saying that the epidemic or pandemic as old as the civilization itself. The world has faced several of pandemics in centuries. For ready reference, some of the pandemics are listed below:

 

S.N	Pandemic	Remark
1.	Justinian's Plague	Goes back to 542 AD. The earliest epidemic killing Millions. The outbreak first emerged in Constantinople as plague-ridden fleas thrived on black rats that munched on the grains brought from Egypt.
2.	Great Bubonic Plague	Erupted in Europe in 1347.About 200 Millions were killed in about Four (4) years. The bacteria Yersinia pestis, which was also the culprit behind Justinian’s plague had wiped out a large number of the population and continued till 1351.
3.	The Great Plague of London	In around 1665, London came under the grips of the pandemic which lasted a year. In London 1/4th of its population was wiped out
4.	Small Pox	The outbreak was caused in Europe, Asia and Arabia. It was caused by a virus and about 1/3rd of infected persons had lost their lives
5.	Cholera	Initially reported in England around 19th century and had killed a huge population. It was caused due to the ingestion of food or water contaminated with the bacterium Vibrio  cholera
6.	Spanish Flu	Spread all over the world and named as Spanish flue. The flue had killed Crores of population and even in India itself have damage was inflicted due to this.

REVAMPING OF LEGAL PROCESS

In the backdrop of the pandemic, it is realized that not only therapy of disease but a legal framework to tackle the issues arising out of it needed revamping. The “rumour monger” has emerged as well as delinquents seeking dissemination of disease through their acts unwittingly or knowingly.  

          In India in the above context, we have the following law:

          (i)       The Epidemic Diseases Act, 1897 (EDA)

          (ii)      THE DISASTER MANAGEMENT ACT, 2005 (DMA)

          (iii)     Section 188 of Indian Penal Code

          (iv)     Sections 269 & 270 of Indian Penal Code

          (v)      Section 505 of Indian penal Code

It may be noted that India had no proper law to address Pandemic till 2005,when Disaster Management act (DMA) was enacted, which is the only comprehensive Act related to epidemic. The EDA 1897 has been a summary Act and is a colonial legacy. Ironically, the Act itself is named as EDA and there has been no reference to pandemic in it. In fact, there is no reference to pandemic in DMA either. Neither of the Acts therefore offered detailed provisions in the face of what are ongoing, though, DMA appear to be a comprehensive Act. The fact, that behavior of mankind has undergone sea change over the years and meeting such delinquencies or criminal acts does not find adequate reflection in the punishment column.

The Disaster Management Act, 2005

India has taken the extreme measure of enforcing successive lockdowns and the 1st lockdown for 21 days was announced. It was probably the first time, the nation was under complete lockdown under the provisions of the Disaster Management Act., 2005. This is also the first time a central government had issued directions of this magnitude to the states. The Disaster Management Act provides for a National Disaster Management Authority (NDMA) and section 6 of the legislation deals with powers of the authority—from which the authority has issued these directions to the state and central governments. Section 6(2)(i) of the Act authorises the NDMA, headed by the Prime Minister, to take measures for “the prevention of disaster, or the mitigation or preparedness and capacity building for dealing with the threatening disaster situation or disaster as it may consider necessary”. The Act also provisions for a national executive authority, which exercises powers to issue guidelines that could be in effect during the lockdown.

The Disaster Management Act also casts a duty on the states to follow the directions of the NDMA as mandated under Section 38 of the Disaster Management Act. The section 51 of DMA encapsulates provision for imprisonment for Two (2) years for (i) obstructing the public servant including those authorised by the authorities under DMA and (ii) refusing to comply with any directions issued by the officers/personnel under the DMA. The punishment is Two (2) years of imprisonment, if convicted and if the refusal leads to loss of lives or any imminent danger. Section 505 of Indian Penal Code together with Section 54 of DMA could be invoked, for publication of or circulation of any rumour which is likely to cause any fear or alarm. The punishment prescribed is one (1) year under the DMA and Three (3) years under section 505 of The Indian Penal Code. COMPLAINT UNDER DISASTER MANAGEMENT ACT 2005 The Central, State or District Authority could file a complaint or by national or State Government officials from Central or State Government. A court shall be thus empowered to take cognizance on the complaint, if filed. It is relevant to state that any person could be entitled to lodge a complaint, provided a notice of at least Thirty (30) days is given by such person entailing the intention to file the complaint for alleged offence. However, protective shield is accorded to the public servant, in case the action was taken in good faith. Similarly, under the EDA, no action or suit could be initiated against the acts of government officials, if done in good faith.

PROMULGAMATION OF ORDINANCE The ordinance was promulgated by the Union Government and also by the other states with a view to make the punishment more stringent as the existing Act had milder provision of punishment. It was necessary in view of attacks on Doctors and health care workers. The damages were to be payable by the offenders, in case of loss to public properties. The provisioning of penalty was made up to Rs 5 Lakhs and punishment terms could go upto Seven (7) years. The Offences were made non bailable and cognizable.

                                                        THE GLOBAL WINDOW

Various countries has their own mechanism to tackle the pandemic.For instance, in  (i) United States: Under the Public Health and Service Act, the US Department of Health and Human Services has laid down specific guidelines to assist states during health emergencies and prevent the spread of communicable diseases. In this context it will be apt to draw parallel vis a vis law in United States. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) was enacted in 1988 whereunder United States Federal law was designed to bring an orderly and systematic means of  federal natural disaster assistance for state and local governments in carrying out their responsibilities to aid citizens. As a prelude to The Stafford Act, 1988 was in fact “Disaster Relief Act of 1974”.  It created the system in place today by which a presidential disaster declaration or an emergency declaration triggers financial and physical assistance through the Federal Emergency Management Agency (FEMA). The Congress amended it by passing the Disaster Mitigation Act of 2000 in the year 2006 with the “Pets Evacuation and Transportation Standards Act, and again in 2018 with the Disaster Recovery Reform Act (DRRA). In Australia, for instance, Section 51 of the Constitution provides the Federal government with legislative powers to quarantine. An overarching law called the National Health Security Act and Agreement has been put in place to abide by Australia’s obligations towards the IHR.  The Australian Government’s 2011 National Health Emergency Response Arrangements also highlights how the government will respond to public health emergencies. Within the European Union (EU), EU Decision 1082/13 is the key legal instrument for threats to health. They endorse compliance with the IHR. Both the IHR and Decision required signatory states to develop National Plans for Pandemic Preparedness. Many countries have plans in place, which can include measures, such as rationing of resources, enforced isolation or quarantine, or seizure of goods and property. The WHO and the EU also encourage the use of legal frameworks to support those plans. In Spain, all private hospitals have been nationalised in the wake of the pandemic. While such a drastic measures may not have been taken in India ,but there should certainly be    guidelines for public-private partnerships in the medical field.

         

 

        The mutant Covid

The mutant variant of covid-19 is also being reported of late in Britain,  South Africa and Brazil. The mutant which is variants of Covid-19 is reported to be more lethal. Obviously, the mutant virus has evolved from the parent virus. The genetic material in living organism is DNA or RNA. The DNA is composed of nitrogenous based i.e Adenine (A), Thymine (T), Guanine(G) and cytosine (C). In RNA, in place of Thymine Uracil (U) is present. The genetic material also has pentose sugar i.e ribose sugar in RNA and De-oxyribose sugar in DNA and phosphorus as components. The mutation occurs at gene level and is generally referred as point mutation.

It is now clear that UK variant carries the N501 Y mutation ,whereas Brazilian variant has E484K mutation whereas South African variant has both. It is also believed that South African and Brazilian variant are different from the UK variant as the former has the capacity to easily enter the lungs. The Covid variant B.1.351(SA), B.1.1.7(UK) and P.1(Brazil) have unique collection mutation which make them spread more rapidly or cheat vaccine immunity.

 

VACCINATION

The efforts were unveiled and India and vaccines produced by the Serum Institute of India are "Covashield” and yet another vaccine was prepared in the name and style of Covaxin. The WHO has listed the Emergency Use Listing (EULs) for the Pfizer COVID-19 vaccine (BNT162b2). On 15 February 2021, WHO issued EULs for two versions of the AstraZeneca/Oxford COVID-19 vaccine, manufactured by the Serum Institute of India and SKBio. WHO is on track to EUL other vaccine products in the meanwhile.

The Oxford-AstraZeneca vaccine is being manufactured locally by the Serum Institute of India, the world's largest vaccine manufacturer. It is producing more than 50 million doses a month. The vaccine, which is known as Covishield, is made from a weakened version of a common cold virus (known as an adenovirus) from chimpanzees.

The vaccines and its evaluated response are as under:   

                                        MUTANT VARIANTS  that affected the impact of vaccines                     

	B.1.1.7 (UK)		B.1.35 (SOUTH AFRICA)	P.1 Brazil
	50% more transmissible, 30% higher mortality		Dominated in SA. Shown reduced efficacy to 30%	Has E 484K mutation present in SA variant that can escape immunity
VACCINE
ASTRAZZENECA OXFORD VACCINE	10% lower efficacy	50-60% drop in efficacy		Unknown
MODERNA VACCINE	1.8x-2x drop in neutralization in lab test	6.4x drop in neutralization in lab test		11-3xdrop in neutralization in lab test
PFIZER BIONTECH VACCINE	1.25-3.85 x drop in neutralization in lab test	3.1 x drop in neutralization in lab test		1.25-3.85 x drop in neutralization in lab test

 

The Government of India has already approved two vaccines, subsequent to its approval by the Drug Control General of India (DCGI) for restricted emergency uses Serum Institute of India and Bharat Biotech have prepared the vaccines and have distributed the vaccines for the use in first page. It is learnt that about 1.3 Crore people, mostly comprising of health care peoples  have been administered with the first dosage of the vaccine. Now, the Central Government has decided that in second phase commencing from March 1^st 2021, the people of 60 years and above and people of 45 years of age with serious co morbidities shall be administered the vaccine and for this purpose an application namely CoWin (Covin Vaccine Intelligence Work) is introduced.

          The response to Pandemic by Delhi High Court

Like every sector even the justice delivery system is hit by pandemic. The extra-ordinary situation calls for extra-ordinary measures, goes the adage and our high court had adopted video conferencing system during the earlier part of lockdown itself so that the door of justice is not foreclosed. The graded system of hearing ad hybrid system was also in place gradually to mitigate the likely spread of Covid and by adopting Standard Operating Procedure (SOP) and at the same time ensuring urgent case hearing. The SOP is still in place in as Much as wearing masks, provisioning of immediate sanitization, transparent curtain in court rooms, adherence to social distancing leading to decongestion in court rooms are measures being followed scrupulously. What is also noteworthy is that the periodic directions issued by the hon’ble High court to the district courts and decision to provide for the infrastructure for virtual hearing has ensured hearings of cases so that in the court of first instance legal recourse are not compromised. These measures has gone a long way towards justice dispensation system. Even periodic testing for Covid was held in high court premises. To achieve efficacy in the system, despite challenging circumstances, the bench and bar deserve kudos for inter se co-ordination to achieve the goal.

 

 

References:

·         letters@hindustantimes.com (Rhythma kaul)

·         Stafford Act Declarations 1953-2014: Trends, Analyses, and Implications for Congress https://digital.library.unt.edu/ark:/67531/metadc700766/m1/1/high_res_d/R42702_2015Jul14.pdf

·         https://en.wikipedia.org/wiki/List_of_epidemics

·         The Epidemic Diseases Act, 1897 (EDA)

·         THE DISASTER MANAGEMENT ACT, 2005 (DMA)

·         Code of Criminal Procedure

·         Indian Penal Code

What causes mental decay: Criminology has to decode a new low:

 

What causes mental decay: Criminology has to decode a new low:

                                                Anil K Khaware

                                                Advocate

I am writing this as a missive to the entire social fabric, since, as an ordinary citizen I feel quite distressed at the incident which impelled me to pen this. Let us not forget that mere cribbing to lack of empathy in vast part of society needs at large shall be of no consequence. Similarly, mere escapism leading to “it has not happened to us shall be of no significance either”. The people need to understand the anatomy of the malaise through a surgical hand and should stand together in a bid to contribute towards eradicating the root cause, in whichever way one may indulge in. That the felony has the manifestation and transcended in own family and leading to kill one’s own infant daughter should raise alarm bell. Thus, the act transcended to own family member and that too on an infant daughter has caused serious consternation. How can one even in fit of rage kill one’s own infant of bare 20 months? Why the fit of rage emanates in first place? The immediate cause known in this case is frightening. The demand by wife of Rs 5 to buy a piece of sweet for their daughter with a view to stop her from crying and that was the point of ignition. It is unbelievable. There is a serious fault line and criminal scientist and anthropologists have to decode this..

The news on the website which prompted me to pen my anguish is as under:

Maharashtra Shocker: Man Kills His 20-month-old Daughter in Fit of Rage After Wife Asks Rs 5

team-news@corp.india.com (India.com News Desk)  46 minutes ago

Mumbai: In a shocking incident coming to light from Maharashtra's Gondia, a man           reportedly killed his 20-month-old daughter in a fit of rage after his wife requested          Rs 5 to buy a sweet for the kid.

According to a report by India Today, the accused got angry when his wife told him that their child was crying and asking for 'khaja'. Notably, 'Khaka' is a sweet snack made of wheat flour. The incident took place on February 2 at Gondia's Lonara village.

When the baby didn't stop crying, the wife requested Rs 5 from her husband to buy the sweet for the baby. The man reportedly got up and smashed the child's head on a door.

"My husband returned home in the evening and as my daughter Vaishnavi was crying, I asked him for Rs 5 to buy her Khaja. xxxxxxxx said he doesn't have any change," India Today quoted the mother of the kid as telling police.

"xxxxxxxx got furious after I asked for money. He picked up xxxxxxx (daughter)i, took her to the door and smashed her head on the door and stairs of our house. When I tried stopping him, he assaulted me too. Badly hurt, I somehow rushed my daughter to Tiroda sub-district hospital where she was declared dead before admission," the woman added.

Later, xxxxxxxx filed a complaint against her husband with the police.

The accused was later arrested by the police.

 

MINDSET NEED DECODING

This is not a mere news simpliciter, which could attract eye balls, just once. It leaves a deep scar in the heart and mind. It cannot be dismissed as any other crime. The malaise in the family system and the people being on short fuse and seeks only slightest of the ignition to implode is a deep cause of concern. The situation needs deeper analysis. The doyen in sociology may find such pattern as distressing and the criminologist may refer it to as aberration while psychologist may find the people deranged. It is however, more than that and does not and cannot fit into a simplistic definition.

The aforesaid news caption appeared around 15-20 days back has caused churning in my mind. That I am writing these lines is not due to an emotional outburst nor a mere concern, this is an endeavour to understand the decay in society and mental pathology leading to self destruction and also to espouse need of a cogent study by the criminal scientist in this regard without demur. Unless, we go deep into it the pathogenesis of this mindset cannot be understood, let alone unearthed. Optimism is the base on which the entire remedial wheel may rotate for the sake of society. The glamour, sensuality and materialism at the best could be perceived as desire or passion. Such a passion could only lead to obsession and which is retrogressive. The lack of resources may drive some to negativity and may invite depression. If this is the pattern, it is to stop and that too sooner than later. Passion to contribute, effort to remedy the ill, endeavor to spread positivity is a syndrome of progress. Thus, even if a unit of society, howsoever small, feels that there is need to accentuate the thought to further the value shall be of immense significance. Materialism, per se may not be deprecated, but penchant of it, require curbing. In a rat race of achieving something materially, soul searching is necessary and that thought may be inculcated in the people so as to enable the society to take a spin for good.     

The exponent of stress management therapy may find reason for such felony, but the fact remains that there are acute torment from within and matrimonial discord may just be one of the prelude to the act of madness. The stress emanating from matrimony and workplace may just be few of the factors, not all and therefore, the same cannot be brushed aside in this manner. Such acts can only relate to pathogenic mindset which could creep in during childhood and adolescence and all of sudden manifestation in a manner, as is narrated above, cannot be fathomed. The criminology thus steps in here. Though, there may be various theories that may be propounded by criminologists, but the categorical and most plausible psychoanalysis is still eluding us. Even the geneticists may refer to genes related anomaly. The time has come for comprehensive study in it, as social turmoil and its extent is increasing by the day and hence not only the cause but therapy of such cause is the need of the hour.

WHETHER The INCIDENT IS AN ACT OF DOMESTIC violence:

More oftenly, researcher attributes an act of violence as gender based and that is reckoned as a factor and that male is perceived to be the perpetrates of the violence and  who is targeted is women, being in receiving ends. Whether this is caused due to a sense of entitlement and to control is still ambiguous The irony however is that even if there is no history of any delinquency, still, the crime in a family is committed by first timer. The research so far appears to be lopsided, as no firm correlation of crime to gender or stress or finances could be ascertained. In this backdrop, no one can be oblivious to the cases of domestic violence, still, there is another significant dimension which has not elicited adequate attention than it deserve i.e domestic violence laws and Section 498 A of Indian Penal Code is also misused by well to do women, as a tool of heaping harassment on their spouse. The instances may be relatively lower, but still this is not insignificant. Therefore, there cannot be any straight jacket formula to jump to any conclusion. What is also a factor to be reckoned further is the fact that the women are economically more independent financially in recent past and they are more assertive, of course, unlike the large chunk of women, who have no reach or access to law.

To say that the incident in question is a mere domestic violence shall be an understatement. It is brazen, mindless and heinous and could only emanate from a mind suffering from some syndrome. The killing of one’s own infant cannot be simply put as domestic violence. It is much more than that.

The crime against the infant, which is elucidated here, none of the stipulation or assertion can probably explain the heinous crime and that is a deep cause of anguish. The crime and punishment is in statute book, what is not is the psycho-chemistry of the criminals and unless the root cause of it is deduced no therapy shall be of any use.

CONCLUSION

If the incident of killing of infant is seen from the prism of domestic violence, that will be quite tangent to the reality. The crime like this is on rise and a suitable mechanism need to be in place and research machinery be set in motion for adequate and effective answer to the instinct of such crimes and its genesis. This is essential and very urgent so as to probably prevent any such recurrence in future.  The crime pathogenesis needs a surgical analysis. Let us ignite the thought to read the anatomy of depression or the mindset of such perpetrator that  leads to mental pathology and as to what prompts a mindless act in such a brazen manner. To sum it up-“Let us raise a cause and not for applause”.

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WHY POPULATION POLICY IS THE NEED OF HOUR

 

WHY POPULATION POLICY IS THE NEED OF HOUR

                                  ANIL K KHAWARE

                                  ADVOCATE

When Charles Darwin in 1859 had propounded the theory of evolution in his Book “Origin of Species”, hardly, the assumption, then, though, based on sound scientific analysis may have found resonance, as it does, now. The life begets life is an adage. The reproductive cycle and life span differs from species to species. The unicellular like protozoans, bicellular Porifers to multi cellular, coelenterates, molluscs, Annelids etc are non-chordates or invertebrates, whereas, Amphibians, Reptiles, echinoderms and chordates belongs to Chordata having backbones. Even amongst chordate, “Mammals” are the most developed class. The human being, even amongst Mammals are supposedly the most evolved. The human i.e “­Homo sapiens” are the most evolved having emerged from Homo erectus, & neanderthal man in the evolutionary cycle.

The landmass then and the landmass now so far as per unit human habitation is concerned has vastly shrunken. The shrinking of land mass is not due to reduction of land area, rather, it is due to increase of biomass and humans being comprising of significant proportion in that. This has even lead to competition i.e inter specific struggle and due to deforestation the fauna of forests makes their way in human habitat and Public Roads as well leading to struggle. The humans, due to their strong brain and thinking prowess has earned the pivotal place in the universe. However, even the perception of human mind and thinking prowess could not create equilibrium and humans are overpopulated. The intra-specific struggle for existence is also conspicuous.

The Asian continent in general and Indian sub-continent in particular has vast human population. China and India comprise of about half of the global population. The human mind failed to limit its own population and social fabric, social strata, custom and economics has swayed the human instinct. The result is that whereas in India, around 1970, the population was hardly Forty (40) Crores and now after 50 years the same is 130 Crore and as such the population is tripled in the last Fifty (5o) years . No amount of wherewithal and expertise could possibly cater to the need of such exponential growth in population. The resources are finite and cannot be multiplied with ease. Thus, the check in population growth is an absolute must.

Theory by Malthus: A worth watching glimpse

It will be unfair if the discussion does not feature the theory of Thomas Malthus, who may have inspirited his fellow Brits Charles Darwin as the and Alfred Russel Wallace had subsequently worked out the mechanics of natural selection based on Malthus's observation. The work of Darwin considered as magnum opus, comes to the conclusion that populations tend to increase geometrically (2, 4, 8, 16 …), whereas food reserves grow arithmetically (2, 3, 4, 5 …), leading to competition for scarce resources and differential reproductive success, the driver of evolution. The theory of “origin of species” based on survival of fittest instinct was thus formulated.

The principle encapsulates the projection of population growth and as per the formula the food production shall remain finite and may not be a match to the pace of growth in the human population. The net result may also lead to epidemic, disease, famine, war, and calamity. It is believed that whereas  the food supply may grow in arithmetical term, but population may grow in geometrical term resulting into geometric growth in population.

 In accordance with the Malthusian principles, the population would double in 25 years at this rate. However, the food supply grows at a slower rate than the population. The food supply, thus, will be limited in a few years. It is the shortage of food supply that will be indicative of increasing population. In such a situation equilibrium is lost. Lack of enough food shall lead to survival crisis  Moreover, if extreme situation is counted such as epidemics, wars, starvation, famines and other natural calamities may lead to check in population growth  Of course, man made checks cannot be discounted.

Malthus Theory: Flip side

On the flip side of the ladder are the policies derived predicated on the belief in the inevitability of a Malthusian collapse. “The power of population is so superior to the power of the earth to produce subsistence for man, that premature death must in some shape or other visit the human race,” Malthus gloomily predicted. His scenario influenced policy makers to embrace social Darwinism and eugenics, resulting in draconian measures to restrict particular populations' family size, including forced sterilizations.

Nature has its own ways of keeping a check on the increasing population. It brings the population level to the level of the available food supply. The positive checks include famines, earthquakes, flood, epidemics, wars, etc. Nature plays up when the population growth goes out of hand.

 

In his book The Evolution of Everything (Harper, 2015), evolutionary biologist and journalist Matt Ridley sums up the policy succinctly: “Better to be cruel to be kind.” The belief that “those in power knew best what was good for the vulnerable and weak” led directly to legal actions based on questionable Malthusian science.

POPULATION POLICY WITH INDIAN PRISM: MISSION PARIVAR VIKAS

After India won freedom, the Government had unveiled the family planning program and as a sequel to that in 1970s a policy “Do Ya Tin Bachhe bas” and all the hallmarks and boards used to conspicuously display the prescription. Over the years, however, the family planning programs had unveiled various other measures. What is however of utmost importance, is that the need of the  control of population was part of vision of the successive government.

As there has been wide regional variations in the Total fertility rate (TFR), in 2016 the Government of India launched Mission Parivar Vikas (MPV) to address these regional imbalances. It aimed at affording intensive and improved family planning services in 146 high fertility districts and has widened the choice of contraceptives available through the public health system by adding three new methods. This is also in sync with India’s commitments at the International Conference on Population and Development (ICPD) in 1994. It is felt that issue of population should be dealt with a human rights approach and gender equality and role of women being the paramount consideration. It was felt that women education and empowerment shall go in long way to achieve the objective.

The access to quality family planning services, and especially spacing methods of contraception is a must. However, budgetary allocations for family planning activities do not align with India’s demographic  needs. It has remained at 4 per cent of the National Health Mission budget since 2014-15 and only 60 per cent of the allocated budgets are being utilized. Further, both allocations and spending are skewed towards female sterilizations (75per cent) and only 3-4 per cent focus on spacing methods.

It is axiomatic that whereas, India was the first country to adopt a family planning program, in 1952 itself and still after about Fifty-Three (53) years, we are still looking for a viable policy to checkmate population It is really intriguing that  the country is still growing by about 16 million people each year and at this pace we are set to overtake China in 2045 by reaching a population of 1.5 billion.

The National Population Policy 2000 aimed at bringing down the total fertility rate (TFR) to a reasonable level by 2010 so as to ensure stable population by 2045 , while also ensuring inter alia sustainable economic growth, social development, and environmental protection. These objectives was not practical and at least was not backed with such defining measures necessary in its context. The 2000 policy was merely indicative and bordered on appealing the public. It envisaged achieving replacement-level TFR (about two children per woman). The same was contemplated on the premise of releasing promotional and motivational measures and education the people relating to quality life.. The policy lost more of its sheen as no mechanism was rolled out to achieve this. The proposed policy though also relates to various norms such as better management of public health, education, empowerment of women etc.

One well-publicized aspect of the National Population Policy 2000 concerned to the allocation of seats in the Indian parliament. The policy had recommended freezing the current number of seats for another 25 years to avoid penalizing states that have complied with previous population policies. It is really bizarre if the perspective of compliance it is seen. We know that the last allocation of seats to states and union territories was undertaken on the basis of the 1971 census and it was due to be revised after 2001 census. The interesting aspect that emerges is that if it were revised then, the number of seats allocated to the state of Tamil Nadu, which has reduced fertility, would most probably have gone down from 39 to 33 seats. Meanwhile, the number of seats allocated to the state of Uttar Pradesh, which could not check the growth rate, would have risen from 85 to 120. This anomaly is to be properly deliberated, calibrated and only then could have been acted upon.  Thus, it rest there.

Another vital recommendation of the policy is the formation of a National Commission on Population to guide and review implementation. The policy also recommended formation of similar commissions by each state and union territory. Of course, the approach was decentralization and also to reach to villages in micro level for effective implementation.

In addition, some of the measures may be open to misuse. For example, an incentive of 500 rupees at the time of birth of a girl child and awards of 500 rupees to Mothers who have their first child after they turn 19 appear to be unworkable for a simple reason that we hardly have a system in place for effective registration of each births and deaths The health insurance for couples below the poverty line who undergo sterilization and incentives is prone to catapult into major concern , given the social fabric that we are in. No doubt, stabilizing population is integral to a sustainable development.

The success of the population policy, if it is implemented, will be contingent on option and right to exercise option available to female. It is no secret that women in India hardly decides their reproductive behavior. Although various contraceptive methods are for women, but many of them have no say in the prevalent milieu. The proposed policy entailing focus on information and education campaigns on men to promote small families and to raise awareness of the benefits of birth spacing, better health and nutrition, and better education may have some positive impact, nonetheless.

PROPOSED POPULATION BILL 2020

The Population Regulation Bill, 2019’, introduced by Member of Parliament Shri Rakesh Sinha in the Rajya Sabha on July 12, 2019 calls for punitive action against people with more than two living children, including disqualification from being an elected representative, denial of financial benefits and reduction in benefits under the public distribution system.

The proposed bill is a sequel to the efforts made in 2000, but with no tangible result. The purpose of the bill is to control the population growth of India. ... The 2020 bill proposes to introduce a two-child policy per couple and aims to incentivize its adoption through various measures such as educational benefits, taxation cuts, home loans, free healthcare, and better employment opportunities.

The bill also suggests that government employees should give an undertaking that they will not procreate more than two children. While the Population Foundation of India (PFI) welcomes the renewed focus on policies for population stabilisation, we believe that the approach suggested in the bill is misguided and a misreading of India’s demographic trajectory.

Data of the Government of India, as well as international organisation including the United Nations, depicts a very different story. While India’s population is projected to overtake China’s in less than a decade as per the UN `World Population Prospects 2019’ report released in June 2020, the new projections for India are the lowest since the UN began these forecasts. The reason is the sharp decline in India’s population growth rates over 10 years from 2001 to 2011. Though, it appears unfathomable, still, if true it is noteworthy. According to Census 2011, the growth rate of population has declined from 21.5 per cent during 1991-2001 to 17.7 per cent during 2001-2011, across all religious groups. This can be taken with a pinch of salt, though.

We are on course to achieving population stabilisation with a national Total Fertility Rate (TFR) – the total number of children born or likely to be born to a woman in her lifetime) of 2.2, close to the replacement level fertility of 2.1. In addition, the Desired Fertility Rate is 1.8, which indicates that women in India prefer to have no more than two children. It is worth mentioning that 24 of the Indian States and Union Territories have already reached the replacement level TFR of 2.1 by empowering women and by affording better education and health care facilities. This has been achieved through the government’s actions based on the National Population Policy (NPP) of 2000, which sought to fulfill the unmet need for contraceptives and services by advocating a small family norm without adopting any coercive measures.

The proposed `Population Regulation Bill, 2019’, introduced in Rajya Sabha seeks for punitive action against people with more than two living children and deprive them of all government services. Of course, this is likely to impact the poor in various ways.

The proposed bill introduced by the Member of  Rajya Sabha has contemplated disqualification from being an elected representative, denial of financial benefits and reduction in benefits under the Public Distribution System (PDS) for people having more than two children. The bill also suggests that government employees should give an undertaking that they will not procreate more than two children.

Disincentives through denial of benefits under anti-poverty schemes such as subsidised food grains through the Public Distribution System (PDS) will impact the poorest and most marginalized sections of the population and worsen their impoverishment. The Economic Survey of 2018 points out that ‘son meta preference’ – the desire to have a male child – has resulted in 21 million “unwanted girls” in India. Imposing a two-child norm will add to the burden on women, by way of sex-selective practices and forced sterilisations. This could result in a setback to population stabilization efforts, as it happened during the emergency period in the mid-1970s.

Population Foundation of India calls upon policymakers, Members of Parliament and the government to reaffirm India’s commitment towards rights-based approach to family planning. PFI appeals to the government to raise budgetary allocations in order to ensure expanded contraceptive choices for delaying and spacing births and better access and quality of health care for young people. This will not only lead to improved health, but will also visibly improve educational outcomes, raise productivity and workforce participation, and in turn result in increased household incomes and economic growth for the country.

A private members bill was also introduced by the member of Shiv Sena in February 2020 thereby proposing incentives to promote a two- child norm and seeking constitution amendment to introduce a new provision to incentivizing those adhering to a two-child. The bill has also proposed to amend Article 47A of the Constitution. The proposed amendment shall be a sunder:

“The state shall promote small family norms by offering incentives in taxes, employment, education etc to its people who keep their family limited to two children and shall withdraw every concession from and deprive such incentives to those not adhering to small family norm, to keep the growing population under control.”

The same is also partly and in broad contour relates to the private Bill presented by Shri Rakesh Sinha in 2019. Needless to say, that the new policy is a need of hour, if the progress of wheel is to run full circle.

REMARK 

The population policy and stern measures to contain population is the need of the hour. Though, it is to be factored, if disincentives through denial of benefits under anti-poverty schemes such as subsidized food grains through the PDS will impact the poorest and most marginalized sections of the population and worsen their impoverishment. If that is so, rather than achieving the objective and negating the ill, the country may face another. The government has to unveil a sustainable and workable population policy.  No doubt there will be doubting Thomas’ if and when the policy is rolled out. India can ill afford such population growth which is exponential and remedial wholesome measures is a need of the hour. In order to achieve sustainable growth and to alleviate poverty as a long term measure, the policy should be in place and the same is required to be strictly implemented. The setback in short term should not be deprecated, if overall goal is likely to be achieved. The treatment of malaise may lead to pain, but if it leads to further gain, the country should embrace it.