Tribunals Under Senior Citizens Act Expected To Expeditiously Adjudicate Matters, Amendments To Existing Laws Necessary: Delhi High Court

The Delhi High Court has observed that the tribunals established under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to protect the rights and interests of the elderly are expected to adjudicate their matters expeditiously in order to provide them support and redressal.

Justice Swarana Kanta Sharma said that specific amendments to the existing laws are necessary to ensure the timely resolution of cases involving senior citizens.

The court said that such amendments should prioritize expeditious handling of such cases, recognizing the unique vulnerabilities and needs of elderly individuals.

The court was dealing with a plea moved by two senior citizens aggrieved by the inaction of the concerned District Magistrate to act upon their complaint filed in 2021 against the son and daughter-in-law.

The senior citizens alleged that the son and daughter-in-law abused and beaten them, therefore it was sought that they be directed to vacate their house. They filed an application in June last year before the DM seeking expeditious resolution of their case

Justice Sharma observed that despite subsequent reminders to expedite the proceedings, the wheels of justice continue to turn agonisingly at a slow pace. Accordingly, the court directed the Tribunal to expeditiously resolve the senior citizens' complaint within a month and communicate the decision to them promptly.

“The very word senior citizens should not refer to only the age beyond 60 years but should invite everyone‟s attention to the literal meaning of "senior‟ also which as per Oxford dictionary refers to the word „senior‟ as „equivalent to having a high or higher position in a company, organization, etc‟ and thus, in the society qua the younger generation,” the court said.

Justice Sharma said that senior citizens should not be left to navigate from one authority to another in search of justice in case a need so arises and that they should not be forgotten or disrespected, especially when they find themselves abandoned by their own children.

“This Court reiterates that this generation now labelled 'elderly' or 'senior citizens' have contributed to the society, who under no circumstances should be allowed to be forgotten, ill-treated or their cause be not respected and diligently attended to by the concerned authorities, whenever they find themselves in a situation where their own children have given up on them. The society at large and the adjudicating authorities are duty bound not to give them up or their hope in their future lives,” the court said.

It added: “The tribunals constituted under the Act are one such ray of hope for such elderly assets of this country. Case after case this Court and many other Courts are confronted with cases of delays, latches, insensitivity, indifference of the authorities concerned to adjudicate the matters expeditiously under the Senior Citizens Act, considering the age and agony of this generation.”

Counsel for Petitioners: Mr. Rakesh Dhingra, Advocate

Counsel for Respondents: Mr. Rahul Tyagi, ASC for the State with Mr. Sangeet Sibou, Mr. Jatin and Mr. Aashish Chojar, Advocates; Ms. Sunita Arora, Advocate (DHCLSC) for R-2 along with R-2; Mr. Harshit Jain, Advocate (DHCLSC) and Mr. Shoaib Ansari, Advocate for R-3

Title: SHAKUNTLA DEVI & ANR v. STATE THROUGH COMMISSIONER OF DELHI POLICE & ORS.

Citation: 2024 LiveLaw (Del) 320

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