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2019 Supreme(Bom) 1770
IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT GOA BENCH
M.S. Sonak, Prithviraj K Chavan, JJ.
Jatin Ramaiya – Appellant
Versus
State of Goa, Through Its Chief Secretary – Respondent
Writ Petition (P I L) No. 11 of 2010
Decided On : 02-08-2019
Jatin Ramaiya, Advocate, P. Faldessai, Advocate
Headnote:
laxity in implementation of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Goa Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 - Criminal Procedure Code, 1973 – Constitution of India, 1950 - Article 38 – Employment and service – Condo nation of delay - As matter proceeded other issues in relation to full and effective implementation of the provisions of the said Act arose and were taken up for consideration since fortunately neither of the parties treated this petition as some adversarial litigation - In fact efforts and approach of all the parties in at least attempting effective implementation of the provisions of the said Act and the said Rules are required to be appreciated though, there is no doubt that much remains to be done to the cause of full and effective implementation of the provisions of the said Act and the said Rules - National Study on human rights of senior citizens in India reports that the Indian population has approximately tripled during the last years but the number of Indian above the age of years has increased more than four folds - Census indicated the population of senior citizens was said to cross the million mark - Whilst it took more than years for population of senior citizens to double in most of the countries in the world but in India it has doubled in just years - Life expectancy has also gone up to over years - Better medical facilities care and liberal family planning policies made the elderly the fastest growing section of the society in India - This National Study report indicates that by world will have more elderly than young people - Population of elderly is projected to cross two billion mark - In India as well population of senior citizens will constitute almost of the total population – Held, Court direct the State Government to implement the scheme for management of old age homes for indigent senior citizens in terms of Section 19 of the said Act read with Rule 18 of the said Rules by laying special emphasis on the Schedule which prescribes for norms of physical facilities and operational standards for old age homes for indigent senior citizens established under Section 19 of the said Act - Director of Social Welfare to file a compliance report in this regard in this Court on or before December - Court direct the respective District Magistrates to perform the duties and exercise the powers conferred upon them by Rule 19 of the said Rules in the context of full and effective implementation of the provisions of the said Act and the said Rules - Two District Magistrates to file reports of compliances in this Court on or before December - Court direct the two District Superintendents of Police to comply with the provisions in Rule 20 of the said Rules in relation to the protection of life and property of the senior citizens - Two District Superintendents of Police to file affidavits of compliance on this aspect in this Court on or before December - Court direct State Government to take emergent steps to address issues relating to staff, infrastructure and facilities at old age homes in the Districts of North Goa and South Goa within six months from today - Maintenance Officers of the two Districts are directed to pursue these matters with the State Government and place on record of this Court, a status report on or before December - Court direct the State Council of Senior Citizens to meet at least once in six months in order to ensure full and effective implementation of the provisions of the said Act and the said Rules - Member Secretary of the State Council to place on record a status report along with the minutes of such meetings, on or before December - Court direct the District Committees of Senior Citizens to meet at least once in every quarter so as to ensure effective and coordinated implementation of the said Act and the said Rules at the District level - Member Secretaries of each of the District Committees to file status reports in this Court, together with the minutes on or before December - Petition is disposed of
Key Points: - (!) (!) (!) - (!) (!) (!) - (!) (!) (!) (!) - [4000607820081][4000607820082][4000607820083]
What is the scope of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in Goa regarding proactive enforcement by Tribunals and Officers?
What are the directions issued to ensure speedy disposal of maintenance applications and compliance with Sections 5, 6, 8, 9, 13, 14 and 17, including paneling of Conciliation Officers and appointment of Maintenance Officers?
What measures are mandated for establishment and maintenance of old age homes, medical support, publicity, and life protection of senior citizens under Sections 19, 20, 21 and 22 and their Rules?
JUDGMENT :
M. S. Sonak, J.
Jatin Ramaiya, a fifth year law student of V. M. Salgaonkar College of Law addressed a letter dated 28th June, 2009 to the Hon'ble Chief Justice of Bombay High Court and other companion judges complaining about the laxity in implementation of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the said Act) and the Goa Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (the said Rules).
2. This letter dated 28th June, 2009, was ordered to be treated as a Public Interest Litigation. From time to time various orders were made in this matter in relation to the implementation of the provisions of the said Act and the said Rules.
3. By letter dated 28th June, 2009, the Petitioner had basically prayed for the following reliefs :
(i) for appropriate directions to the State Government to constitute the Maintenance Tribunal and the Appellate Tribunal as contemplated by Sections 7 and 15 of the said Act;
(ii) for appropriate directions to the State Government to appoint and designate the Maintenance Officers in terms of Section 18 of the said Act;
(iii) for appropriate directions to the State Government to make provisions for medical support and care for senior citizens in terms of Section 20 of the said Act;
(iv) for appropriate directions to the State Government to take measures for publicity, awareness etc., for welfare of senior citizens in terms of Section 21 of the said Act.
4. However, as the matter proceeded, other issues in relation to full and effective implementation of the provisions of the said Act arose and were taken up for consideration since, fortunately neither of the parties treated this petition as some adversarial litigation. In fact, the efforts and approach of all the parties in at least attempting effective implementation of the provisions of the said Act and the said Rules are required to be appreciated though, there is no doubt that much remains to be done to the cause of full and effective implementation of the provisions of the said Act and the said Rules.
5. Agewell National Study on human rights of senior citizens in India (A reality check - July 2014) reports that the Indian population has approximately tripled during the last 50 years but the number of Indian above the age of 60 years has increased more than four folds. The 2011 census indicated the population of senior citizens was said to cross the 100 million mark. Whilst it took more than 100 years for population of senior citizens to double in most of the countries in the world, but in India it has doubled in just 20 years. The life expectancy has also gone up to over 70 years. Better medical facilities, care and liberal family planning policies made the elderly the fastest growing section of the society in India. This National Study report indicates that by 2025 the world will have more elderly than young people. The population of elderly is projected to cross two billion mark by 2050. In India as well, the population of senior citizens will constitute almost 18% of the total population by the year 2025.
6. The General Assembly of the United Nations in its 74th Plenary meeting adopted resolution No.46/91, urging the Member nations to implement of the international plan of action on ageing and related activities. This resolution, further encourages the governments of member nations to incorporate the following principles into their national programme whenever possible :-
Independence
1. Older persons should have access to adequate food, water, shelter, clothing and health care through the provision of income, family and community support and self - help.
2. Older persons should have the opportunity to work or to have access to other income-generating opportunities.
3. Older persons should be able to participate in determining when and at what pace withdrawal from the labour force takes place.
4. Older per
