NEW DELHI, Sept 7: The Supreme Court on Monday directed all states to submit updated status reports on old age homes and facilities available to senior citizens, in a long-pending public interest litigation concerning the welfare and protection of elderly persons.
A bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana was hearing a PIL filed in 2016 by Dr Ashwani Kumar. The petition seeks effective implementation of measures for the welfare of senior citizens, including the establishment of old-age homes in every district, adequate pension support and access to geriatric healthcare.
Kumar, appearing in person, urged the court to take up the matter, pointing out that the continuing mandamus had remained pending for several years despite the issues affecting the rights and welfare of a large elderly population.
During the hearing, the Chief Justice observed that the Supreme Court could establish broad principles, while the respective high courts could be entrusted with monitoring their implementation.
The Centre suggested that the proceedings be transferred to the concerned high courts. The Supreme Court, however, decided to first obtain updated information from the states regarding existing facilities and infrastructure for elderly persons.
The bench directed Attorney General R Venkataramani to communicate with the Advocates General of all states and seek the latest status reports on the establishment of old-age homes and the facilities being provided there.
The states have been given four weeks from the receipt of the communication by their respective Advocates General to submit the reports.
PIL pending before Supreme Court since 2016
The proceedings relate to the implementation of constitutional and statutory safeguards intended to protect the rights and welfare of senior citizens.
In its April 8, 2016 order, the Supreme Court had issued notice to the Centre and sought assistance from the National Legal Services Authority (NALSA) and HelpAge India in developing measures to safeguard elderly persons.
The court had allowed Kumar to appear and argue the matter in person and agreed to involve HelpAge India, recognising its work concerning the welfare and protection of elderly and infirm people.
HelpAge India was asked to assist the court in developing an appropriate scheme or solution to address problems faced by senior citizens, as raised in the petition.
The court had also sought information from NALSA on whether it had formulated any scheme for protecting the rights of elderly persons. If such a scheme existed, the authority was directed to submit it before the court.
In case no such programme was available, NALSA was asked to indicate whether it could formulate a mechanism to provide legal assistance and safeguard the rights of senior citizens under existing laws.
The court had further sought details of measures that could be undertaken by NALSA and State Legal Services Authorities to help elderly persons protect their fundamental, statutory and legal rights.
The latest direction seeks to establish the current ground situation regarding old-age homes and senior citizen services across states before the court considers the next course of action in the decade-old proceedings.