New Delhi, Sep 07: The Supreme Court on Monday asked all states to submit fresh status reports on the establishment of old-age homes and the facilities available to senior citizens.
The bench was hearing a long-pending PIL, filed in 2016, seeking effective implementation of measures for the welfare and protection of the elderly.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana took up the PIL filed by Dr Ashwani Kumar, who has sought implementation of directions regarding the establishment of old-age homes in every district, adequate pensions and geriatric care for senior citizens.
During the hearing, Kumar, appearing in person, urged the bench to list and consider the matter, submitting that the continuing mandamus in the case had remained unheard for years despite issues concerning the rights and welfare of crores of elderly persons.
The CJI said that while the top court could lay down broad principles, the high courts could be asked to ensure their effective implementation.
The Centre suggested the matter be transferred to the respective high courts. The bench, however, decided to first seek updated information from all states regarding the existing infrastructure and facilities for senior citizens.
“Let a communication be sent from Attorney General R Venkataramani to the Advocates General of all the States to submit a latest status report with respect to the establishment of old-age homes and the requisite facilities being provided therein,” the bench said.
The status reports shall be filed by all the states within four weeks from the date of receipt of the communication by their Advocates General, it said.
The PIL has been pending before the apex court since 2016 and concerns the implementation of statutory and constitutional safeguards for elderly persons.
In an earlier order passed on April 8, 2016, the top court issued notice to the Centre and sought the assistance of the National Legal Services Authority (NALSA) and HelpAge India in evolving measures for the protection of the rights and welfare of elderly persons across the country.
The court permitted Kumar to appear and argue the matter in person and agreed to associate HelpAge India with the proceedings, noting the organisation’s role in the protection and welfare of elderly and infirm persons.
HelpAge India was asked to assist the bench in evolving an acceptable scheme or solution to address the problems faced by elderly persons, as highlighted in the petition.
The bench had also issued notice to the member-secretary of NALSA and asked the authority to place on record whether any scheme had been formulated to protect the rights of elderly persons.
If such a scheme existed, NALSA was directed to place a copy before the court, it had said.
In the absence of one, the authority was asked to indicate whether it could formulate a scheme to provide legal assistance and ensure protection of the legal rights of senior citizens in accordance with existing laws.
The bench also sought details of other measures that could be taken by NALSA and State Legal Services Authorities to assist elderly persons in protecting their fundamental, statutory and legal rights. ( PTI )
