Karnataka High Court Asks State To Examine JJ Act Model For Care & Protection Of Vulnerable Senior Citizens

Emphasising that elderly care is a non-negotiable, the Karnataka High Court has directed the State Government to examine the feasibility of evolving a comprehensive statutory framework for identifying and protecting 'Senior Citizens in Need of Care and Protection', akin to the protection available for Juveniles under the Juvenile Justice (Care and Protection of Children) Act, 2015.The single judge bench of Justice Suraj Govindaraj was hearing a writ petition pertaining to the medical emergency of an elderly woman who is a widow, suffering from gangrene on her right foot, and other medical ailments.“…While this Court is conscious that children and senior citizens constitute distinct classes requiring separate statutory treatment, the underlying constitutional principle of extending effective protection to vulnerable persons who are unable to safeguard their own interests warrants serious consideration. The concept of a 'child in need of care and protection' embodied in Section 2(14) of the Juvenile Justice (Care and Protection of Children) Act, 2015 demonstrates a comprehensive statutory model for identifying vulnerable persons and providing institutional care, rehabilitation and protection…”, the court underscored in its order.The court was informed by the state earlier that the petitioner-son and the widow's daughter had been allegedly neglecting her medical requirements. Moreover, even the Hospital had discharged the widow citing that no additional treatment would improve her condition.The court has hence directed the government to immediately admit the 4th Respondent- Widow to a government hospital at Mysuru so that she can avail all medical treatments such as geriatric care, surgical intervention, medicines, diagnostic investigations, and rehabilitation.“…The Medical Superintendent shall ensure that periodic updates regarding the medical condition and treatment of respondent No.4 are furnished to the Assistant Commissioner, Mysuru, so as to keep him informed of her progress and any significant developments requiring his attention”, the court noted. The court also clarified that the Hospital expenses would be completely borne by the state government.“…There are large number of matters, which are coming up before this Court as regards the senior citizens' rights being violated….”, the court noted in the order at the outset in the July 21 order.Comprehensive Framework For ElderlyThe Court noted that Section 20 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 requires State Governments to ensure that government hospitals provide beds for senior citizens and expand facilities for treating chronic, terminal and degenerative diseases. Section 22 requires the District Magistrate to implement the Act's provisions.However, the Court opined that the aforesaid provisions could be inadequate in addressing instances of neglect, abandonment, abuse, exploitation, lack of medical care, absence of institutional support etc.Hence, the court directed,“…the State Government shall therefore examine whether a corresponding framework, suitably adapted to the needs of senior citizens, can be evolved by legislative, executive or policy measures for identifying "Senior Citizen in Need of Care and Protection" and extending to them appropriate measures relating to rescue, protection, shelter, healthcare, rehabilitation….and continuous monitoring”.The state has been asked to report on the existing statutory provisions, schemes and institutional mechanisms for senior citizens, deficiencies in the existing framework, additional measures proposed to be undertaken to bridge that gap, authorities and departments that would be responsible for the implementation of said rectifications and timelines for the same, along with whether the state would promulgate a comprehensive policy/legislation for elderly 'in need of care and protection'.The Registrar (Judicial) has been directed by the court to forward a copy of the order to the Chairperson, Karnataka Law Commission, to take necessary action by the next date of hearing.Detailing further about the comprehensive network to be formulated by the state for senior citizens broadly on the lines of the institutional protection available under the Juvenile Justice Act, 2015, the court suggested that an integrated institutional mechanism could be establishe.The facets of this institutional response system would purportedly include identification and rescue of the elderly when immediate intervention is required and establishment of appropriate, statutory authorities, district-level committees etc for assessment of vulnerable senior citizens and planning their rehabilitation. The court has also asked the state to consider implementing a 24-hour emergency response systems, helplines, outreach services and rapid response teams, along with temporary shelter homes, assisted living facilities, care centres etc.Other suggestions are:Comprehensive geriatric healthcare, nursing...

Karnataka High Court Asks State To Examine JJ Act Model For Care & Protection Of Vulnerable Senior Citizens

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Karnataka High Court Asks State To Examine JJ Act Model For Care & Protection Of Vulnerable Senior Citizens

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