On Friday, the Supreme Court declined to take up a petition asking it to issue strict and effective rules, regulations, and guidelines to control the country's population explosion and determine the viability of making the two-child norm a requirement for receiving government jobs, aid, subsidies, as well as the right to vote, the right to run for office, and the right to free housing.

The petitioner had withdrawn the IA, and a bench of Justices S K Kaul and A S Oka dismissed it on the grounds that it was out of the court's jurisdiction and should instead be left up to the government to decide.

Ashwini Upadhyaya, the petitioner-in-person, emphasised before the court that the issue was of extreme importance because it connected to the country's rapid population growth and the dangers that our nation suffers as a result. He also cited a number of statistics regarding population growth.

Justice S K Kaul stated that "I have read enough material on this suggesting that our country's population is on the declining trend as opposed to several other countries where the situation is getting worse."

Justice Kaul added that the matter was not for the court to decide and that there should be some clarity regarding the role of the court.

When the petitioner continued to press the issue, the court appeared plainly disappointed, remarked "Don't make us say why such petitions are filed. We are not going to pass any orders. We need to restrain ourselves. You want publicity, it's; not our job to give you publicity. We don't want this subject to be dealt before us. Period!"

It should be noted that the petitioner in SLP (C) No. 27597/2019 filed an IA asking the court to issue the following orders:

A. instruct the Center and States to create strict and effective regulations and guidelines to control population growth in order to protect fundamental rights, including the right to clean air, water, food, health, a peaceful night's sleep, a place to call home, a means of subsistence, education, and dignity;

B. instruct the Center and States to investigate the viability of mandating the Two Child Norm as a requirement for government employment, aid, and subsidies, as well as the right to vote, the right to run for office, and the right to free housing;

C. instruct the Centre and States to designate the first Sunday of the month as "Population Control Day" (similar to "Polio Day") in order to raise awareness of population growth and give EWS and BPL parents with condoms, vaccines, contraceptives, etc.;

D. As an alternative, instruct the Indian Law Commission to review the population control laws and policies of industrialised nations and to create a thorough Report within three months.

In his appearance on behalf of the Union, Tushar Mehta, the Solicitor General of India, told the court that the Central Government was using all effort within its power to rein in the population growth.

Case Title: Ashwini Kumar Upadhyay vs. Ministry of Health & Family Welfare

Citation: SLP (C) No. 27597/2019