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2021 Supreme(Ori) 286

IN THE HIGH COURT OF ORISSA, CUTTACK
Biswajit Mohanty, J.
Gopal Prasad Saha & Anr.. - Appellant
Versus
State Of Odisha & Ors. - Respondents
CRLMP No. 1258 of 2021
Decided On : 11-08-2021

Advocates Appeared:
Mr. B.P.B. Bahali, Advocate, for the Appellant; Mr. S.K. Samal, Additional, Government Advocate, for the Respondent.

The right of senior citizens to seek protection under Rule-20 of the Odisha Maintenance of Parents and Senior Citizens Rules, 2009.

Headnote:

Rule-20 - Protection of Life and Property of Senior Citizens - The court directed the Deputy Commissioner of Police to take a decision on the grievance petition filed by the petitioners, who are senior citizens, within a specific time period in accordance with the law.

Fact of the Case:

The petitioners, who are senior citizens, filed a grievance petition with the Deputy Commissioner of Police, Bhubaneswar, seeking protection from the criminal activities of their son and daughter-in-law. The authorities had not taken any action on the petition.

Finding of the Court:

The Court directed the Deputy Commissioner of Police to take a decision on the grievance petition within three weeks, without expressing any opinion on the merits of the case.

Issues: Inaction of authorities in protecting senior citizens from criminal activities, and the petitioners' request for a direction to the Deputy Commissioner of Police to take a decision on their grievance petition.

Ratio Decidendi: The court's decision was based on the petitioners' right to seek protection under Rule-20 of the Odisha Maintenance of Parents and Senior Citizens Rules, 2009, which mandates the authorities to take necessary steps for the protection of life and property of senior citizens.

Final Decision: The Court disposed of the case and directed the Deputy Commissioner of Police to take a decision on the grievance petition within three weeks.

ORDER

1. This matter is taken up through Video Conferencing Mode.

2. Heard Mr. Bahali, learned counsel for the petitioners and Mr. Samal, learned Additional Government Advocate.

3. According to Mr. Bahali, the petitioners are aggrieved by inaction of the authorities in not protecting them from the criminal activities of their son and daughter-in-law. In this context, he relies on Rule-20 of the Odisha Maintenance of Parents and Senior Citizens Rules, 2009, which reads as follows:

    '20. Action plan for the protection of life and property of senior citizens.-

    (1) The Superintendent of Police, and in the case of cities having a Police Commissioner, such Police Commissioner shall take all necessary steps, subject to such guidelines as the State Government may issue from time to time, for the protection of life and property of senior citizens.

    (2) Without prejudice to the generality of sub-rule (1), -

    (i) each police station shall maintain an up-to-date list of senior citizens living within its jurisdiction, especially those who are living by themselves (i.e. without there being any member in their household who is not a senior citizen);

    (ii) a representative of the police station together, as far as possible, with a social worker or volunteer, shall visit such senior citizens at regular intervals of atleast twice a month, and shall, in addition, visit them as quickly as possible on receipt of a request of assistance from them, and only;

    (iii) complain/problems of senior citizens shall be promptly attended to, by the local Police;

    (iv) One or more Volunteers' Committee(s) shall be formed for each Police Station which shall ensure regular contact between the senior citizens, especially those living by themselves, on the one hand, and the police and the district administration on the other;

    (v) the Superintendent of Police or, as the case may be, the Police Commissioner shall cause to be publicised widely in the media and through the Police Stations, at regular intervals the steps taken for the protection of life and property of senior citizens;

    (vi) each Police Station shall maintain a separate register containing all important particulars relating to offences committed against senior citizens, in such form as the State Government may, by order, specify;

    (vii) the register referred to in clause

    (vi) shall be kept available for public inspection, and every officer inspecting a Police Station shall invariably review the status as reflected in the register;

    (viii) the Police Station shall send a monthly report of such crimes to the Superintendent of Police by 10th day of every month;

    (ix) list of Do's and Don'ts to be followed by senior citizens in the interest of their safety will be widely publicized;

    (x) antecedents of domestic servants and others working for senior citizens shall be promptly verified, on the request of such citizens;

    (xi) Community policing for the security of senior citizens will be undertaken in conjunction with citizens living in the neighbourhood. Residents' Welfare Associations, Youth Volunteers Non- Government Organisations;

    (xii) the Superintendent of Police shall submit to the Director General of Police and to the District Magistrate, a monthly report by the 20th of every month, about the status of crime against senior citizens during the previous month, including progress of investigation and prosecution of registered offences,, and preventive steps taken during the month;

    (xiii) the District Magistrate shall cause the report to be placed before the District-level Co-ordination-cum-Monitoring Committee constituted under rule 22.

    (xiv) The Director General of Police shall cause the reports submitted under clause (xii) to be compiled, once a quarter, and shall submit them to the State Government every quarter as well as every year for, inter alia, being placed before the State Council of Senior Citizens constituted under rule 21."

4. In such background, Mr. Bahali submits that though the petitioners are senior citizen

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