A division bench of Justices Devi Prasad Singh and Arvind Kumar Tripathi made the observation in an order passed on two writ petitions. The two petitions raised a common question with regard to social problems being faced in cases of divorce and population growth.

 

"In the writ petitions, common question with regard to social problems is involved. Hence, with the consent of the learned counsel for the parties, both these petitions are being heard and disposed of by this common judgement," the bench said.

 

One of the petitioners, Mohd Faiz, moved court under Article 226 saying he was aggrieved by the action of his parents as they had not discharged their parental duties.

 

"On account of change of law and social scenario such cases are coming to the courts frequently where children have been disowned by the father or the mother on account of subsequent marriage to another person or for some other reason. It is a burning issue for society and sooner the government takes preventive measures and formulates some policy for safeguarding children facing such situations the better," it added.

 

"India cannot compare itself to western countries on account of its huge population and limited resources. So far as this country is concerned, (given) the rapid growth of population coupled with limited resources, it may not be possible for the government to provide required assistance to each and every orphan or citizen left by their parents," the court said.

 

These are issues which are required to be considered not only by the government but also by the socially conscious persons.

 

"It is high time the Parliament and state legislatures came forward to legislate law for family planning in a proper and justifiable manner so that the citizens and future generations may not suffer from any adverse consequences without any fault on their part due to shortage of resources," it said.

 

The bench added that, "The courts and law framers have not understood the complexity of the situation while giving a jolt to the joint family system and the ancient civilisation which continues in substantial parts of the country.

 

"Giving more weightage to the individual is against the culture, tradition and practice of 6,000 years of our civilisation and may result in disastrous consequences," it said.

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