Responding in an affidavit to a petition filed by BJP leader and advocate Ashwini Kumar Upadhyay for bringing in measures to strictly implement the two-children norm, the Ministry of Health and Family Welfare said said "The family planning programme in India is voluntary in nature, which enables couples to decide the size of their family and adopt the family planning methods, best suited to them, according to their choice, without any compulsion."
As reported by news agency PTI, the ministry during the hearing further told the apex court that 'public health' is a state subject and the state governments must lead the process of health sector reforms in a suitable and sustainable manner to protect the common people from health hazards.
"Improvement in the health sector can be effectively led by the state government with effective monitoring and specific intervention to control and regulate the implementation process of the guidelines and schemes in a proper perspective," it said.
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The apex court had earlier sought the Centre’s reply on a plea challenging a Delhi High Court order that dismissed a PIL seeking certain steps, including two-child norm, to control the country’s rising population.
The PIL said the high court failed to appreciate that the right to clean air, drinking water, health, peaceful sleep, shelter, livelihood, and education guaranteed under Articles 21 and 21A of the Constitution could not be secured to all citizens without controlling the population explosion.