Senior Citizens' Right To Live With Dignity Is Constitutional Mandate: Rajasthan High Court Orders Statewide Audit Of Old Age Homes

The Rajasthan High Court has directed the Rajasthan State Legal Services Authority (RSLSA) to submit a report regarding 31 old age homes operating in the State, to get a comprehensive understanding of the facilities and measures available in these homes. The division bench of Dr. Justice Pushpendra Singh Bhati and Justice Sangeeta Sharma highlighted that changing trends in India's demographics as per which the proportion of senior citizens were projected to rise to 20.8% by 2050. It opined that such trend necessitated importance of dedicated facilities and welfare measures for senior citizens."The true objective of such homes is realized not merely by their existence, but by ensuring that they are adequately equipped with basic amenities, medical facilities and welfare support for the residents. Proper functioning of these homes ensures that senior citizens residing therein are able to live in conditions of safety, dignity and care, in consonance with the spirit of the Act and the constitutional values discussed hereinabove. Periodic assessment of such facilities, therefore, becomes a constructive exercise aimed at strengthening the welfare framework for the elderly," the Court observed.The Court further observed that reverence to the elderly was the foundational value that shaped India that made care of senior citizens a matter of natural duty rather than legal enforcement. However with changing socio-economic patterns, the traditional support mechanisms for elderly underwent change, and the institutional and legal support assumed more importance. Underscoring right to live with dignity under Article 21, and the DPSP of public assistance in cases of old age, under Article 41, the Court stated the India's domestic legal and policy framework reflected alignment with the internationally recognized principles and commitments towards welfare of senior citizens. Reference was made to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (“the Act”), and Section 19 of the Act that provided for establishment of old age homes in every district for indigent senior citizens. The Court held that the Act was a beneficial legislation to ensure protection and welfare of senior citizens. The Court made a further reference to the Supreme Court case of Ashwani Kumar v Union of India, and observed that the Apex Court highlighted the necessity of periodic monitoring of old age homes. It was held that welfare of senior citizens was not merely a policy matter, rather a continuous constitutional concern requiring coordinated institutional efforts. “A significant proportion of the elderly population resides in rural areas where access to medical and support infrastructure is comparatively limited. These factors collectively emphasize that old age homes and similar institutional arrangements, as envisaged under the Act of 2007, serve an important role in providing medical support shelter and dignified living conditions to senior citizens who may not have adequate family or economic support.”The Court stated that the true objective of these homes was realized only by ensuring that they were adequately equipped with basic amenities, medical facilities and welfare support for the residents. On being apprised of the fact that 31 homes were presently being operated in Rajasthan, the Court directed RSLSA to undertake an exercise of comprehensive analysis of facilities at these old age homes, and to submit its report. The matter has been listed after 8 weeks. Title: Lok Utthan Sansthan v State of RajasthanClick Here To Read/Download Order

Senior Citizens' Right To Live With Dignity Is Constitutional Mandate: Rajasthan High Court Orders Statewide Audit Of Old Age Homes

Nupur Agrawal

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