POPULATION PROBLEM

In the partial fulfillment of marking scheme of B.A.LL.B. (5th semester)

Submitted To: Submitted By:Sachin Kumar

MS: Dr. Varsha BA.LLB 5th –SEM

Geeta Institute Of Law , Karhansh , Panipat

Introduction:
Overpopulation can be defined as a situation where the total number of the existing human
population exceeds the actual carrying capacity. Of all the environmental problems our planet is
facing today, overpopulation is the one that sometimes slips from the radar. Overpopulation
places a great demand on resources and land, which may be the reason for widespread
environmental issues in addition to impacting global economies and standards of living.
Overpopulation is caused by many factors such as the reduction in mortality, better medical
facilities, scarcity of precious resources are some of the reasons which result in overburdening. If
it is not able to sustain life, it can become a fairly densely populated area.

Causes of overpopulation
Poverty:
Poverty is to be believed as the major cause of overpopulation. High mortality rate and lack of
educational resources, leads to high birth rates, resulting in a large population.

This effect is said to be so widespread that the United Nations has predicted that the 48 poorest
countries of the world contribute to the largest population growth. They estimate that the
combined population of these countries is expected to be 1.7 billion in 2050 from 850 million in
2010.

Child labour:

This is as painful to sound that child labour is used very continuously and extensively in many
countries of the world. The United Nations Children’s Fund or UNICEF has provided a rough
ideas that approximately 150 million children are currently working as child labour in different
types of workstations.

As a result, children of two of the family can be seen as a source of income by poor families. In
addition, children who start working too young lose the educational opportunities they are
provided with.
Fertility treatment

While it plays a minor role compared to other causes of overpopulation, better fertility treatment
has made it possible for more people to have children and that is how the population is growing.

The women are now using various fertility treatments which have been increasing since their
inception. Now, most women get the option to conceive, even if they are not able to do so
without such treatment.
Poor contraceptive use

Though the use of contraceptives is quite common in many developed countries, poor planning
on the part of both the partners can lead to unexpected pregnancies. The data showed that 76% of
women aged 16 to 49 in Great Britain used at least one type of contraceptive, leaving a quarter
open for unexpected pregnancies.
Reduced mortality rates

Many improvements in medical technology have reduced the mortality rates for many serious
diseases. Particularly dangerous viruses and diseases such as polio, smallpox and measles have
been practically eradicated by such advances and now there are many fewer cases of the same.

While this is such positive news in many of the ways, it also means that people are living longer
than before. This much “delay” in the cycle of life and death has caused birth rates in modern
times to exceed.
Immigration

Uncontrolled immigration to countries can lead to overcrowding to the point where those
countries are having no longer necessary resources for their populations. This is particularly a
problem in countries where immigration numbers far exceed the migration numbers of that
particular country.

In some cases, immigrants may try to avoid backward migrants in their own countries, only to
contribute to the issues they run into. However, there is data to show that immigration can affect
economies, with its impact being particularly evident in the UK.

Effects of overpopulation
Overpopulation can have many effects, many of which are negative as provided below:
Depletion of natural resources

The effects of the overpopulation are quite severe. One of these is the lack of natural resources.
Earth has the capacity to only produce a limited amount of food and water, falling short of
current needs of the people which are increasing day by day.

Most of the environmental damage seen in the last fifty years is due to the increasing number of
people on the planet. These include deforestation, careless wildlife hunting, causing pollution
and host to other problems.
Increased intensive farming

As and when the size of the population grows, there is a need for more food products. More food
products require more grains and more farmers with new farming techniques. Therefore it is the
need of the country from the farmers to grow more food products for the population.
Extinction

The impact of overuse on the world’s wildlife is also a major issue. As the demand for land
increases, it does the destruction of natural resources such as forests.

Scientists have warned that if the current trend continues, 50% of the world’s total wildlife
species will be in the danger of extinction. Data shows that there is a direct relationship between
an increase in human population and a decrease in the number of species on the planet.

Consequences of the rapid rise in the population growth

Investment

Rapid population growth makes the choice between high consumption and investment needed to
bring more consumption in the future more scarce. Economic development depends on
investment. Therefore, rapid population growth repels the investment needed for higher future
consumption.
Urbanization

With a rapidly growing population, the adjustment becomes difficult to manage with economic
and social change. Urbanization in UDC creates problems like housing, electricity, water,
transport etc. In addition, the growing population is at risk of permanent environmental damage
through urbanization in some rural areas.
Employment

The rapidly growing population transforms the economy into mass unemployment and low
employment. As the population increases, the ratio of workers to the total population increases.
The result is that with an increase in the labour force, unemployment and low employment
increases. Rapid increment of the population reduces savings and investment.
World Economy

Domestic consumption of exportable goods also increases with rapid population growth. As a
result, there is a decline in the exportable surplus. On the other hand just to meet the demand of
the rapidly growing population, more food and other consumer goods are needed so that demand
can be fulfilled.

Laws relating to overpopulation in India

In early 2020, Rashtriya Swayamsevak Sangh (RSS) leader Mohan Bhagwat announced that the
two-child policy would be one of the primary goals of the organization. Bhagwat’s support made
the two-child policy more controversial. Some have criticized the proposal as an attempt to limit
the development of India’s Muslim population.

Some local governments are now one step further. Some states are having laws which punish
ordinary citizens if they are having more than two children. These discrepancies include denial
of governmental rights to children born after the second child. They may also reject state-
provided healthcare for mothers and children, including nutritional supplements for pregnant
women.

For a father, there may be jail time and fines. Penalties include a general reduction in social
services for large families and restrictions on government promotion and employment.
Population Control Bill, 2019

The Population Control Bill, 2019 is a bill proposed and introduced in the upper house or Rajya
Sabha in July 2019 by Rakesh Sinha. The bill aims to control India’s population growth.
According to the World Population Prospect 2019, the report provided by the United Nations,
India’s population is set to overtake China within a span of ten years. The proposed bill was
signed by 125 Members of Parliament and is yet to become an Act or law of India.

On 7 February 2020, the Constitution (Amendment) Bill, 2020 was introduced in the upper
house or Rajya Sabha by Shiv Sena MP Anil Desai. Desai proposed to amend Article 47A of the
Constitution of India.

The 2020 Bill proposes to introduce a two-child per couple policy and aims to encourage its
adoption through various benefits such as tax cuts, home loans, educational benefits and better
employment opportunities, free healthcare. The 2019 bill proposed by Sinha talks about
proposing punishments for couples who do not follow the two-child policy such as contesting
elections and ineligibility for government jobs.

Overpopulation and International Law

Although private, national and bilateral measures are important to control the population, they do
not have the capacity for rapid construction. The consensus of an international standard the
United Nations, however, as a multilateral treaty organization, is well adapted for discovery and
influences general vision and goals, as well as making a comprehensive plan problem attack.

The task of developing the basis of an agreement between member states is mainly United
nations, done in the General Assembly, the issue of the population is the agenda of the General
Assembly was repeated in 1962. The World Health Organization attempts to settle this issue was
disappointing.

In 1962, the General Assembly passed a resolution for intensive research by appropriate bodies
and requested that the Secretary-General issue a questionnaire for the members. States to
determine what problems and policies if any, each member was related to the population growth
of the state. This resolution was passed without any contrary vote, 29 abstentions, after only one
clause U.N. To provide technical assistance at the request of members, was removed.
Nevertheless, the impact and importance of the resolution were undeniable. The population
problem was officially recognized as one International problem and concrete action was
initiated.

Impact of overpopulation on the country’s

Economic growth

If economic growth exceeds population growth, the standard of living goes up. On the other
hand, if population growth affects output growth per capita, then higher population growth rates
will contribute to higher or lower overall economic growth rates depending on the nature of its
effects on per capita Gross Domestic Product (GDP).
Energy conservation

As the population of a country increases, its level of energy conservation also increases. The
interdependence of living beings depends more on fossil fuels and the energies developed by it.
And hence energy conservation is hampered by the growth of population
Public health

The closer people become, the more easily diseases spread. Every year 3.4 million people die
due to contaminated water-related disease. Overpopulation will only create a more polluted
water supply. It is estimated that in the next 35 years the Earth’s supply of natural gas will be
exhausted. That’s how overpopulation will affect public health.
Farming

Overpopulation affects farming in a way that when people living in a country are more, they
need more primary and secondary goods. People will need more food and this demand will lead
to more farming. The farmers will be in a situation to grow more crops with respect to their
demand and will be in pressure to grow more food.
Food supplies

Food supplies are hampered when the population grows. The more the amount of population, the
more is the requirement of food supplies.
Lack of freshwater

Some rough ideas provide that human demand for freshwater will remain at around 70% of the
planet’s availability by 2025. This will give space to people living in areas that already have
limited exposure to such water. Overpopulation is likely to create greater demand for the world’s
fresh water supply. Since only 1% of the world’s water is fresh and accessible, this is a major
issue that its demand will increase as the population increases.
Area to live

When more people are living in a country, they need more space and area for living. Hence
overpopulation decreases the raw area and transforms it into a living area which further leads to
environmental problems like pollution.
Deforestation

Deforestation is cutting down trees. When a country’s population increases, they need materials
like wood, timber, etc for certain uses. And hence overpopulation causes deforestation.

Policies in India to control overpopulation

India’s Policies to control Overpopulation has been started from its first five-year plan itself.

The different policies for different plans are as follows:

First Five Year Plan

India is the first country in the world to launch a population control program in 1952. It also
emphasized the use of natural tools for family planning.
Second Five Year Plan

Work was done towards education and research and a clinical approach was encouraged.
Third Five Year Plan

In 1965, sterilization techniques for both men and women were adopted under the scheme. The
technique of copper-T was also adopted. An independent department called the Family Planning
Department was established.
Fourth Five Year Plan

All types of birth control methods (traditional and modern) were encouraged.
Fifth Five Year Plan

The National Population Policy was announced on 16 April 1976 under this scheme. In this
policy, the minimum age of marriage as prescribed by the Sharda Act, 1929 was increased. It
raised the age of boys from 18 to 21 years and that of girls from 14 to 18 years. The number of
MPs and MLAs was fixed by the year 2001 based on the 1971 census. Under this plan, forced
sterilization was allowed, which was later abandoned. In 1977, the Janata Party government
changed the name of the Family Planning Department to the Family Welfare Department.
Sixth, Seventh and Eighth Five Year Plans

Attempts were made to control the population by determining long-term demographic objectives.
Ninth Five Year Plan

In 1993, the government set up under the chairmanship of. M.S.Swaminathan to formulate a
National Population Policy. Although the group drafted the new population policy in 1994, it
was reviewed in 1999 by the Department of Family Welfare and passed in 2000 by the
Parliament. The Central Government formulated a ‘New National Population Policy’ in February
2000.

Suggested methods to control overpopulation

There are several proposed solutions:

Better sex education

Lack of sex education or poorly implemented education has given rise to backward issues in
many countries. The issue is so clear that the United Nations Population Fund (UNFPA) is
calling for reform, especially in the poorer regions of the world.

Better education will help people understand more about the possible consequences of having
sex as they relate to childbirth. It will also dispel many myths that surround sexual activity and
scientifically introduce birth control methods.
Changes in policy

Many nations offer rewards, whether in the form of financial incentives or to those who produce
more children. This may cause some couples to have more children than they would otherwise if
they needed to worry about financial consequences.
Access to contraceptives

Birth control should go hand in hand with better sex education. The World Health Organization
(WHO) states that 225 million women living in developing countries would prefer to postpone
birth but are not using any form of contraception. Many organizations, such as the American
Congress of Obstetricians and Gynecologists (ACOG), also support improving access to
contraceptives so that the birth of children remains in control.
Education for girl child

Currently, more than 130 million young women and girls worldwide are not enrolled in school.
Most of these live in male-dominated societies, most notably in Sub-Saharan Africa and South
and West Asia, which do not give women the same education rights as men.

Predetermined gender norms and child marriages hamper their access to education. Girls who
have less education are more likely to have early and weak children. In addition, poor families
are less likely to enrol their female children in school.

Conclusion

Declines in mortality, improved medical facilities, declining poverty rates, the progress of
reproductive treatment, lack of immigration and family planning may lead to overgrowth. As a
result, overpopulation is negatively impacting our environment because it is depleting our natural
resources and degrading our environment. Overpopulation is a crisis that potentially stands with
climate change as the biggest challenges facing humanity today. Despite this, little is known
about education or dialogue related to this issue, especially in schools. If this does not change,
the issues highlighted in this article may continue to increase. If this happens, there may be an
impact on this one issue which will lead to untold problems in future.
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