The court reaffirmed the necessity of implementing the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to ensure dignity, security, and care for the elderly, recognizing this as a constitutional obligation.

ORDER :

SANGEETA SHARMA, J.

1. Indian civilization has, since time immemorial, accorded a position of reverence to the elderly. The concept of “Matru Devo Bhava, Pitru Devo Bhava” from the Taittiriya Upanishad reflects a foundational value that shaped the social fabric of the country. The elderly have always been regarded as repositories of wisdom, experience and guidance, and the family structure in India traditionally evolved around respect, care and emotional security for its senior members.

2. The joint family system ensured that ageing was accompanied by dignity, belonging and social support, making care for senior citizens a matter of natural duty rather than legal enforcement.

3. With the passage of time and changing socio-economic patterns such as urbanization, migration and nuclear family structures, the traditional support mechanisms have undergone transformation. In this evolving social context, institutional and legal support systems assume greater importance in ensuring that senior citizens continue to live with dignity, care and security.

4. The commitment of the Constitution of India towards the welfare of all sections of society finds its expression at the very outset in the Preamble, which resolves to secure to all citizens justice - social, economic and political and to promote the dignity of the individual. The concern for senior citizens is inherently embedded within this constitutional vision of social justice and human dignity.

4.1. Article 21 of the Constitution, as expansively interpreted, guarantees not merely the right to life but the right to live with dignity. The Directive Principles of State Policy further reinforce this constitutional philosophy. Article 41 guides the State to make effective provisions for public assistance in cases of old age; Article 46 obligates protection of the weaker sections of society; and Article 47 emphasizes improvement of public health.

4.2. These provisions, read together, provide the constitutional foundation for policies and measures aimed at ensuring care, security and dignity for senior citizens.

5. The global community has long acknowledged the importance of safeguarding the rights and well-being of older persons. The Vienna International Plan of Action on Ageing (1982) was among the earliest international efforts to draw attention to the social, economic and health concerns of the elderly. This was followed by the United Nations Principles for Older Persons (1991), which emphasize independence, participation, care, self-fulfilment and dignity of senior citizens. The Madrid International Plan of Action on Ageing (2002) further encouraged nations to integrate ageing concerns into mainstream social and developmental policies.

5.1. More recently, the United Nations Decade of Healthy Ageing (2021–2030) has renewed global focus on creating age-friendly environments, improving access to healthcare and ensuring dignified living for the elderly. India’s domestic legal and policy framework reflects alignment with these internationally recognized principles and commitments.

6. In furtherance of these constitutional and international commitments, Parliament enacted the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Act is a beneficial legislation intended to ensure maintenance, protection and welfare of senior citizens, including the establishment and