The State Government is obligated to fully implement the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to protect the rights and dignity of senior citizens.

Rajiv Sharma, J.

Since learned counsel for the petitioners is not present, we have appointed Mr. Narendra Bali, Advocate who is present in the Court, amicus curie to assist the Court.

2. Petitioner no.1 is a Society, registered under the Society Registration Act having its registration no. 1344/1997-98 dated 29.12.1997. The petitioner no.2 is the Vice President of the Society. The present petition has been filed for protecting the rights of the senior citizens as per the provisions of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (hereinafter referred as “the Act, 2007”). The petitioner no.2 has prayed for establishment of the old age homes in each district of the State of Uttarakhand as visualized under Section 19 of the Act. It would be apt at this stage to have a bird’s eye view of the Act, 2007. The Statement of Objects and Reasons of the Act reads as under:-

“Traditional norms and values of the Indian society laid stress on providing care for the elderly. However, due to withering of the joint family system, a large number of elderly are not being looked after by their family. Consequently, many older persons, particularly widowed women are now forced to spend their twilight years all alone and are exposed to emotional neglect and to lack of physical and financial support. This clearly reveals that ageing has become a major social challenge and there is a need to give more attention to the care and protection for the older persons. Though the parents can claim maintenance under the Code of Criminal Procedure, 1973, the procedure is both time-consuming as well as expensive. Hence, there is need to have simple, inexpensive and speedy provisions to claim maintenance for parents.

2. The Bill proposes to cast an obligation on the persons who inherit the property of their aged relatives to maintain such aged relatives and also proposes to make provisions for setting up old-age homes for providing maintenance to the indigent older persons. The Bill further proposes to provide better medical facilities to the senior citizens and provisions for protection of their life and property.

3. The Bill, therefore, proposes to provide for:- (a) appropriate mechanism to be set up to provide need-based maintenance to the parents and senior citizens (b) providing better medical facilities to senior citizens (c) for institutionalization of a suitable mechanism for protection of life and property of older persons. (d) setting up of oldage homes in every district.

4. The Bill seeks to achieve the above objectives.”

3. Section 2(a) defines “Children”. Section 2(b) defines “Maintenance”. Section 2(d) defines “Parent”. Section 2(f) defines “Property”. Section 2(g) defines “Relative”. Section 2(h) defines “Senior Citizen” and Section 2(k) defines “Welfare.”

4. The procedure for Maintenance of Parents and Senior Citizens is provided under Chapter-II. Section 19 ordains the State Government to establish and maintain such number of old age homes at accessible places at least one in each district to accommodate minimum 150 senior citizens who are indigent. The State Government is also required to prescribe a scheme for maintenance of old age homes including the standards and various types of services to be provided by them which are necessary for medical care and means of entertainment to the inhabitants of such homes.

5. Section 20 of the Act provides for medical support for senior citizen. It reads as under:-

“The State Government shall ensure that,-

i. the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible;

ii. separate queues be arranged for senior citizens;

iii. facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens;

iv. research activities for chronic elderly diseases and ageing is expanded;

v. There are earmarked facilities for geriatric patients in every district hospital duly headed by a m