Remanded

Lok Utthan Sansthan v. Shri Akhil Arora, I.A.S.

Rajasthan HC28 Aug 2023CCP/1607/2019

Case brief

AI extract

What is this about?

Petitioner alleged non-implementation of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 regarding old age homes. Court noted partial implementation and directed the State to submit a scheme for establishing homes in all 50 districts and enhancing monitoring and awareness mechanisms.

What did the court decide?

The case was re-registered as a PIL. The State is directed to submit a scheme and roadmap for establishing at least one old age home in every district.

Lok Utthan Sansthan Vs Shri Akhil Arora… — Pension and Retirement Benefits | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Contempt Petition No. 1607/2019 In

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D.B. Civil Writ Petition No.6563/2013

Lok Utthan Sansthan

----Petitioner

Versus

Shri Akhil Arora, IAS and Ors.

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----Respondents

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For Petitioner(s) : Ms. Nayan Tara Soni for Mr. Rajendra Kumar Soni

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For Respondent(s) : Ms. Sheetal Mirdha, AAG with Mr. Prateek Singh

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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

28/08/2023

Heard.

We find that a direction was issued in the PIL for better implementation of the provisions of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (for short, ‘the Act of 2007’). The direction in the case was intended to bring about a system envisaged under the Act of 2007 providing effective help in the spirit of the enactment. The petition was disposed off with a direction for implementation.

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The petitioner has filed this contempt petition alleging that the provisions of the Act are not being implemented. The detailed affidavit which has been filed shows that about 40 old age homes have been established and in addition, 16 day care institutions are also being operated. The affidavits filed by the respondents also reveal that apart from establishment of the Tribunal, various circulars, guidelines, instructions and schemes have been framed. It

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[CCP-1607/2019]

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(2 of 5)

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is stated that a Senior Citizen Security Application prepared by the Police Department is also operating to provide access to the senior citizens.

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We have gone through the affidavits filed by the respondents. It appears that though efforts are on, yet there are many steps which are yet to be taken to provide necessary infrastructure as mandated in Section 19 of the Act of 2007. Under Section 19(1), it has been provided that the State Government may establish and maintain such number of old age homes at accessible places, as it may deem necessary, in a phased manner, beginning with at least one in each District, to accommodate in such homes a minimum of 150 senior citizens who are indigent. Sub-section 2 provides for schemes for management of old age homes including standards and various types of services to be provided by them which are necessary for medical assistance and means of entertainment to the inhabitants of such homes. Word ‘indigent’ has also been explained. Section 20 also obliges the State to ensure that proper medical support is also provided to senior citizens. The scheme under Section 20 reads as blow:

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“ 20. Medical support for senior citizens- The State Government shall ensure that,-

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

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(ii) separate queues be arranged for senior citizens; (iii) facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens;

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

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(v) there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.”

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(3 of 5) [CCP-1607/2019]

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The State is also enjoined with duty to take all measures to ensure publicity, awareness for welfare of senior citizens through public media including television, radio and prints at regular intervals. Not only the State Government but the Central Government is also enjoined with the statutory duties and obligations under the Act in this regard, which is referred to in provision contained in Section 21.

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The scheme of the Act, therefore, aims at creating an eco system for welfare of the senior citizens.

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One of the requirements, as has been noted hereinabove, is of having at least one old age home in every District with a minimum capacity to accommodate 150 senior citizens. We find that though, old age homes have been established in some of the Districts, there are many Districts which, even according to the affidavits of the respondents, are not having old age homes. The list submitted before this Court shows that many other Districts do not have any old age home. The list was submitted at the time when the State had 36 Districts. At that point of time, old age homes existed in Districts mentioned from serial No.1 to 40 (Annexure-1). It appears that all the Districts are not having independent and exclusive old age home. The spirit of provision contained in Section 19 requires old age home to be established in every District.

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Learned AAG informs that recently, new Districts have also been created and as on today, total number of Districts are 50. The mandate of Section 19 requires that each District must have atleast one old age home. It appears that presently the old age homes, created in one District, are not only catering to the need of that

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[CCP-1607/2019]

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(4 of 5)

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District but also nearby Districts. This situation needs to be improved. The State shall submit before this Court a scheme and road map for establishment of at least one old age home in every District in the State of Rajasthan.

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Apart from establishment of the old age homes, the required standards and various types of services to be provided are to be ensured. It is stated that a machinery has already been been set up under the Department of Social Justice which monitors the functioning.

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Learned AAG would inform that comprehensive Rules have been framed by the State of Rajasthan know as the Government of Rajasthan Maintenance of Parents and Senior Citizen Rules, 2010 which incorporate provisions for management of old age homes. A clear affidavit with regard to operation of monitoring mechanism may be filed so that this Court may consider as to how the monitoring mechanism is operating.

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There is a need for taking appropriate measures for publicity and awareness of old age homes. The State in its appropriate department, in addition to undertaking the measures as contemplated under Section 21 of the Act of 2007 may also act in co-ordination with the Rajasthan State Services Legal Authority for creating awareness amongst the masses including the senior citizens, who are not aware that such a facility exists to take care. We are also inclined to issue direction to the Rajasthan State Legal Services Authority to prepare awareness progammes so as to advance the object of Section 21 of the Act of 2007 which is inherently linked to access to justice.

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(5 of 5) [CCP-1607/2019]

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The State may also come out with an appropriate scheme regarding associating college students with services that may be rendered in the old age homes. This may require the Department of Social Justice to act in collaboration with the Department of College Education in the State so that educational institutions and the students studying there may be involved by a creating awareness and inculcating sense of responsibility so that they may volunteer to serve old age persons in the old age homes.

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It appears that this petition has been filed seeking implementation of the direction issued to the State earlier. Taking into consideration that various steps so far have been taken by the States, even though it will be too early to say that the scheme of the Act has been fully implemented in its letter and spirit, we are not inclined to continue this case as a contempt petition.

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The Registry is directed to re-register the case as a PIL at the instance of the petitioner-Lok Utthan Sansthan.

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List this case on 06.11.2023.

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A copy of this order be sent to the Member Secretary, Rajasthan State Legal Services Authority.

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(ASHUTOSH KUMAR),J

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(MANINDRA MOHAN SHRIVASTAVA),J

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MADAN/97

Lok Utthan Sansthan v. Shri Akhil Arora, I.A.S.

Case brief

What is this about?

What did the court decide?

Lok Utthan Sansthan v. Shri Akhil Arora, I.A.S.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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