PIL seeking a Bihar law modelled on the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court held a writ court cannot direct the legislature to legislate; the Supreme Court's Ashwani Kumar proceedings already cover the subject, and Bihar has notified the 2012 Rules. Dismissed with caution.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3813 of 2024
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Uday Kumar Singh, Son of Late K.N. Singh, Resident of Village- Abhinandan Bhawan, P.S.- Ashiyana Nagar, P.S.- Rajeev Nagar, District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Kunal Tiwary, Advocate For the Respondent/s : Mr. P. K. Shahi, AG Mr. Amish Kumar, AC to AG Mr. Sanjiv Kumar, AC to AG
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR CAV JUDGMENT (Per: HONOURABLE MR. JUSTICE HARISH KUMAR)
Date : 15-03-2024
Heard the parties.
by way of Public Interest Litigation seeking a direction upon the respondent authorities to introduce a new Act in Bihar similar to that of “the Maintenance and Welfare of Parents and Senior
Patna High Court CWJC No.3813 of 2024 dt. 15-03-2024 2/5
Citizen Act, 2007 as well as Amendment Act, 2019 and the Assam Employees' Parent Responsibility and Norms for Accountability and Monitoring Act, 2017”. Further direction has also been sought for effective implementation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and to provide all the basic essential facilities to the elderly/senior citizens of the State of Bihar for enforcement of their rights under Article 21 of the Constitution of India.
Patna High Court CWJC No.3813 of 2024 dt. 15-03-2024 3/5
by the preamble. It has also been informed to this Court that the Government of Assam in order to protect its senior citizens has notified in Assam Employees' Parent Responsibility and Norms for Accountability and Monitoring Act, 2017 (hereinafter referred to as ‘the Act, 2017’) prescribing maximum 15% of the employee’s salary to be contributed to different aspect of welfare and maintenance of senior citizens, if the child of such senior citizen neglects to maintain such senior citizen.
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Governments to carry out and execute the provisions of the Act, 2007. The Hon’ble Supreme Court also directed the Union of India to obtain necessary information from all the State Governments and the Union Territories about the number of old age homes, the medical facilities and the Union of India would also obtain from all the State Governments, the status regarding medical facilities and geriatric care facilities that are available to senior citizens in each district.
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taking all necessary steps to enforce the provisions of the Act, 2007 and the Rules made in relation to Maintenance and Welfare of Parents and Senior Citizens.
(Harish Kumar, J)
K. Vinod Chandran, CJ: I agree
(K. Vinod Chandran, CJ)
uday/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | 05.03.2024 |
| Uploading Date | 15.03.2024 |
| Transmission Date | NA |
1 issue framed by the court
Whether a writ court can direct the legislature to enact a new law on maintenance of senior citizens in Bihar.
Colour shows how this judgement treated each authority
Ashwani Kumar Vs. Union of India & OthersRelied on¶5
(2019) 2 SCC 636 · Who else cites this
5 provisions across 3 enactments
Uday Kumar Singh
The State of Bihar through Chief Secretary, Government of Bihar, Patna
The Chief Minister, Secretariat through its Principal Secretary, Government of Bihar, Patna
The Principal Secretary, Chief Minister Secretariat, Government of Bihar, Patna
The Social Welfare Department, through its Principal Secretary, Government of Bihar, Patna
The Principal Secretary, Social Welfare Department, Government of Bihar, Patna
K. Vinod Chandran
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
