Rahul Mehta Gandhinagar LsCandidate

Sun Aug 06 2017 10:06:57 GMT+0000 (Coordinated Universal Time)

---------------------------------
TwoChildLaw7 – Two Child Law
----------------------------------
.
[ comments are not part of the law-draft and are not binding on any ministers, officer judge etc and may serve as guideline to voters, activists and Jurors.
.
[ comment-01 : CAMPAIGN STEPS --- a public request to all voters and activists is --- if you support this law-draft and if you wish PM to print this law-draft, then you are requested to take following CAMPAIGN STEPS
.
(1) Please vote at https://newindia.in/causes/TwoChildLaw7 . using your mobile phone . https://newindia.in is a central govt website meant for opinion gathering, in a way that PMO can know actual real voter supporter count.
.
(2) Please tweet ‘ @PmoIndia newindia.in/causes/TwoChildLaw7
#TwoChildLaw7 ’
.
(3) Please also send postcard to Prime Minister, New Delhi - 110001 with words ‘ newindia.in/causes/TwoChildLaw7 TwoChildLaw7 ’ and also write your voter number, name, address. Signature is not necessary. You may or need not write additional message. For crores of voters, who have no twitter / internet, and don’t know how to use OTP etc, postcard is the ONLY way to communicate to PmoIndia. And so ALL voters and activists are requested to send postcard with above message to print TwoChildLaw7 law-draft.
.
(4) Pls make a video asking all friends to take above 3 steps and share the video on whatsapp / fb / YT / etc. And using fb/whatsapp/YT, pls ask all your friends etc to take above 3 steps. Please also vote at https://change.org/p/pmoindia-TwoChildLaw7
.
if over 50 crore voters take one of the above 3-4 steps, then chances that PM will print the law in Gazette increases. ]
.
[ comment-02: This Two Child Law Draft needs to be passed in Loksabha with a simple majority, and can be passed as a money bill. So consent of Rajyasabha isnt needed. And no Constitutional amendment is needed. ]
.
[ comment-03: This draft has 3 parts -
.
Part - I : Basic instructions for citizens
.
Part - II : A summary of the law-draft
.
Part - III : Instructions for Citizens, Officers and comments
.
.
Important clauses are – (5.2.1) to (5.2.10) , (7) ]
.
-----------------------------------------
Part - I : Basic instructions for citizens
------------------------------------------
.
(1) comment : This entire clause gives a summary of the draft. This clause is not binding on anyone.
.
(1.1) One year after this law is passed, the citizens who have over 2 children, with one child born 1 year after the law is passed, will get 33% less money from Govt and 33% less subsidies. And those who have over 3 children will get 66% less money and subsidies.
.
(1.2) Also, 1 year after this law passes, those who have more than 4 children, 1 child born one year after the law passes, will face imprisonment of upto 2 years and fines. And those who have more than 5 children, 2 children born one year after the law passes, will face imprisonment of upto 2 more years and fines.
.
(1.3) The fines and punishment will be decided by Jurors i.e. 12 – 1500 citizens between age of 25 years and 55 years, chosen at random from voter list of district / state or India, as may be the case
.
(1.4) In our society, there exists a bias against female child and in favor of male child. So if couple has two daughters will be taken as one child for the purpose of this law to decide punishments etc. And child death rate in STs (Scheduled Tribe) is higher. So STs will be allowed to have one “extra” child. Only STs, and not SCs or OBCs or minorities will get this privilege.
.
(1.5) Clarification on twins, handicapped children and other rare complex cases is done in clause-6.
.
(1.6) The children will be counted separately calculated for each person, male or female. So child count can be different for husband and wife in cases when they have children from previous marriages or children out of marriage. And in case of dispute, the actual biological father or mother will be taken as father or mother. The Jurors may order DNA tests to decide the disputes.

.
-------------------------------------------------------
Part – II : Instructions for Citizens, Officers and comments
-------------------------------------------------------
.
(2) comments : comments given this draft are guidelines to activists, Jurors and citizens, and not binding on anyone.
.
(3) PM shall appoint National Population Control Officer ( = NPCO) whom citizens of India can replace using “Right to Recall NPCO” procedure mentioned in RTR-clause given later in this draft. NPCO will take existing staff from Central or State Govt, or use existing data / services provided by Govt departments, or he may recruit more staff on temporary basis.
.
(3.1) Using staff and data / services, NPCO will prepare list of all citizens in India, and their children / parents.
.
(3.2) NPCO will also issue notices via newspapers and TV/radio to all citizens about this population control law.
.
(4) If a person, male or female, has more children than counts mentioned in the later clauses, then reduction in payments given for mineral royalties, reduction in subsidies, fines and imprisonment may apply. For person who are STs, the count may be one child more than counts for others. Only STs, and not SCs or OBCs or minorities,will get this privilege.
.
(4.1) Punishments after 5 years after this law passes will increase. The details of punishments after 5 years are given in later clauses.
.
(5) The reduction in payments and subsidies, and fines and imprisonment are as given below. The clause-7 has a summary.
.
(5.1) if a person has no child born 1 year after the law has passed, then none of the punishment or reductions in payments or subsidies will apply. But increase in payments may apply.
.
(5.2) Following are extra payments, fines and imprisonment as may apply :
.
note : In following clauses, D means one daughter only and S means one son only. DD will mean two daughters and DS will mean first child is daughter and second child is son. And DDS means first child is daughter, second child is daughter, third child is son. IOW, the above and all clauses mention the sequence, not just the total. So DSD means first child is daughter, second child is son and third child is daughter. And thus SDD, DSD, DDS are different cases.
.
(5.2.1) no children --- if a person is between age of 18 years and 23 years, then the payment he or she will get for mineral royalties and land rent from Govt land will be 33% more. After 23 years of age, there will be no extra payments for zero child.
.
(5.2.1.1) comment : Only in above clause, age applies. In all clauses given below, age will not apply.
.
(5.2.2) S --- no punishment and no extra payments of royalties
.
(5.2.3) D , DD , DDD --- no punishment and 33% extra payments of mineral royalties and land rent from Govt plots
.
(5.2.4) DDDD --– no punishment and 66% extra payments of mineral royalties and land rent from Govt plots
.
(5.2.5) SS , SD , DS , DDS , DDDS , DDDDS, DDDDD --- no punishment and no extra payments of royalties.
.
(5.2.6) one child , son or daughter, after (5.2.5) – 33% reduction in mineral royalties for 10 years, no fine, no imprisonment ;
.
(5.2.7) one child , son or daughter, after (5.2.6) --- 66% reduction in mineral royalty etc payments for 10 years, no fines, no imprisonment.
.
(5.2.8) one child , son or daughter, after (5.2.7) --- punishments of (5.2.7) plus fine of 10% of income for 10 years (minimum Rs 1000 per month and maximum Rs 10000 per month), no imprisonment
.
(5.2.9) one child, son or daughter, after (5.2.8) --- punishments of (5.2.8) plus imprisonment for upto 2 years
.
(5.2.10) for every child after (5.2.9) --- punishments of (5.2.9) plus imprisonment for upto 2 more years for every child, and compulsory vasectomy or tubectomy
.
(5.3) Five years after the law passes, the punishment for more child will be as follows -
.
(5.3.1) For number of children as in cases of (5.2.1) to (5.2.5) --- no punishments
.
(5.3.2) For number of children in (5.2.6), the punishment will be as in clause (5.2.7) . And for number of children in (5.2.7) , the punishment will be as in clause (5.2.8), and so on for all clauses. In other words, punishments for clauses after (5.2.5), will become “one level up”.
.
(5.4) Rule in collecting fine – the fine will be Rs 1000 per month minimum on each parent and Rs 10000 per month maximum. But fine collected will not exceed 10% of monthly income. So if person’s income is below Rs 10000 then only 10% of his income will be taken, and balance amount recorded as “pending fine”. On pending fine, an interest equal to prime rate will apply. And in case of “pending fine”, the duration will extend beyond 10 years till all pending fine with interest is collected. The pending fine will collected in future when his income increases. The person may pay pending fine as early as possible. Also, the amounts Rs 1000 and Rs 10000 will be increased every year as per inflation.
.
(5.5) Special favor for ST (Scheduled Tribe) individuals --– while applying ruled in (5.4), one son or one daughter, that reduces punishment by highest factor will not be counted, while calculating number of children. But ST who have taken reservation benefit in Govt job or private job or admission in Govt or private college will NOT get this privilege. And ST who have wealth above Rs 1 crore or annual income above Rs 5 lakh per year will also not get this benefit. These favors are ONLY for ST
.
(6) Some complex and rare cases
.
(6.1) If a child is born before the law is passed (or within 1 year of the law is passed), then that will result into no punishment or fine.
.
(6.2) Twins born as last children will get treated as one child. But if a child is born after birth of twins, and then twins will be taken as two separate children
.
(6.3) Adopted children will not be counted.
.
(6.4) Handicapped child will be taken into count. The couple will get 66% extra payment of mineral royalty for handicapped child.
.
(6.5) In case the child born is not male or female, then it will be taken as female i.e. daughter . while applying above rules
.

(7) comment : (table -- cannot be displayed in FB, pls see pdf)

(J) Jury Trial to decide fines, punishment and reduction in payments , and Jury Trial against NPCO’s officers
.
(J.1) Wherever NPCO (or his employee) decides to reduce payment that a citizen gets for mineral royalties etc or subsidies, or decides to impose fine or imprisonment, NPCO or his officers will form a Jury of 12 to 1500 citizens between age of 25 years and 55 years chosen at random to decide the case. Also, when a citizen files complaint against NPCO’s officer, NPCO will use a similar Jury. This section gives rules of formation of the Jury.
.
(J.2) NPCO will appoint a Jury Administrator for each District called as DJA ( = District Jury Administrator ) , and one Jury Administrator for each State called as SJA ( = State Jury Administrator), and one Jury Administrator for India called as NJA ( = National Jury Administrator).
.
(J.3) Resolving a case of having more children or complaint against officer
.
(J.3.1) A dispute between a citizen, who is accused of having more children and NPCO will be filed in district in which citizen resides. A complaint against an officer will be filed in the District where the officer was deputed. If the citizen or NPCO wants to change the venue to a district in same state, then may get order from SJA or State High Court. And if either of the two wish to change venue to a district in India outside the State , then he may get order from NJA or Supreme Court.
.
(J.3.2) For every dispute in district, the DJA = District Jury Administrator will randomly select 3 to 10 Graduates in Science, Engineering, Maths or Medicine, from a list of Graduates who have agreed to provide assistance in cases. The Graduates selected must be between the age of 25 years and 55 years, and must have 5 years of work experience.
.
(J.3.3) DJA will randomly select voters from voter list of India between age of 25 years and 55 years. The person must not have appeared in any Jury in past 10 years and must not have faced any conviction in past.
.
(J.3.4) Deciding number of Jurors :
.
(a) In case of complain against officer, the number of Jurors will be at least 12 and at most 1500. The number of Jurors will be 12, 50, 200 or 500 depending on whether the citizen accused is class-IV, class-III, class-II or class-I. If officer is very senior, then it can exceed 500 to atmost 1500.
(b) In cases of a citizen having more children, the size of Jury will be 12 if higher of two - annual income and wealth divided by 25 – is more than Rs 5 lakhs. And there will 1 extra Jurors for every Rs 5 lakhs, with maximum size being 1500. Annual income taken will be average of past 3 years.
(c) The highest size will be 1500 Jurors
.
(J.3.5) Location of Jurors : The Jurors will be selected from Districts whose District Courts are linked via video conferencing to districts where trial is being run. In the district isn't connected with any district via video conferencing, then all Jurors will be from District where the case is filed. Also, the Jurors selected must understand the language of the District in which trial is being conducted.
.
(J.3.6) The Jurors will hear both sides for 1 hour each. The trial will end after over 65% of Jurors say that they have heard enough
.
(J.3.7) Deciding final fines or acquittals
.
(J.3.7.1) In case of complaint against officer : If over 75% of Jurors say that the Employee against whom complaint is made should be dismissed, then NPCO may or need not dismiss him. If over 75% of Jurors agree on a fine, then NPCO may or need not collect that fine from the accused. If the complainer believes that NPCO has not executed the judgment of the Jurors, then he may ask voters of India to expel NPCO using “Right to Recall NPCO” clauses mentioned in the later clauses.
.
(J.3.7.2) in cases of complaint against citizen of having more children – the reduction in payments, fine and imprisonment approved by over 75% of Jurors will taken as the final reduction, fine or imprisonment decision.
.
(J.3.8) Appeal against judgment of District Jurors can be filed with Jurors or Judges in State High Court and later with Jurors or Judges in Supreme Court as decided by other prevailing laws
.
(RTR) Right to Recall NPCO
.
(RTR.1) If any citizen of India wishes to become NPCO, and he appears in person or via a lawyer with affidavit before DC (DC = District Collector of District where he is voter), then DC would accept his candidacy for NPCO after taking filing fee same as deposit amount for MP election. And DC will issue a serial number unique across India.
.
(RTR 2) If a citizen of comes in person to his Talati's office, pays Rs 3 fee, and approves at most five persons for the NPCO position, then the Talati would enter his approvals in the computer and would him a receipt with his voter-id#, date/time and the persons he approved. The Talati will put the preferences of the citizen on PM's website with citizen's voter-ID number and his preferences
.
(RTR.3) If a the citizen comes to cancel his Approvals, the Talati will cancel one of more of his approvals without any fee
.
(RTR.4) If a candidate gets approval of over 43 crore citizen-voters in India, then PM may or need not expel the existing NPCO and may or need not appoint the person with highest approval count as NPCO. The decision of PM will be final
.
(RTR.5) PM may create a system whereby citizen can file\cancel approvals using SMS or mobile phone apps or via ATMs.
.
(CV) CV : Citizens’ Voice:
.
(CV.1) If any citizen residing anywhere in India wants any change in this law or has any complaint under this law, then he may submit an affidavit to DC’s designated clerk and clerk will scan the affidavit on put on PM’s website along with photo and details of the citizen. The clerk will charge Rs 30 per page. The clerk will issue serial number for the affidavit.
.
(CV.2) If any citizen residing in the area covered by the Patwari wants to register his YES / NO on the affidavit submitted in above clause, then he can go to Talati’s office and provide the serial number of the affidavit and his YES/NO on a form, and Patwari will enter his YES/NO for a fee for Rs 3 . The YES/NO shall come on PM’s website along with citizen’s voter-id, name, date etc
.
=== end of TLCD i.e. Two Child Law Draft ===========

Post Information