Reaffirming the fact that ours is a welfare and socialist State, Hon’ble High Court of Uttarakhand reminded the State government that it is a duty casted upon them to establish and maintain Old age homes in every district by section 19 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which shall not be shifted to the NGOs.

It was observed by a two-judge bench that it has been 11 years since that a central Act i.e. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted which required the State Governments to follow its provisions, yet the State Government has failed to comply with it which necessitates issuance of directions in the present case of Senior Citizens Welfare Organization & another v. State of Uttarakhand & another. Hon’ble High Court noticed that the State of Uttarakhand has only made two old age homes until now and rest are being maintained by various NGOs. It was assailed that the State Government cannot rely on the NGOs for fulfilling its duty under section 19 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which envisages establishment of at least one old age home in each district with a minimum capacity of 150 senior citizen inhabitants. In the light of dereliction on the part of State Government, Hon’ble High Court of Uttarakhand directed the State Government to:

  • Establish old age homes in each district, upgrade the facilities in each old age home and make a scheme for management of old age homes;
  • Ensure to provide sufficient number of beds in State Government hospitals and free treatment at government hospitals, as well as provide facilities as per the Rules;
  • Give due publicity to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in the media;
  • Provide separate accommodation for men and women including sufficient portable water, electric fans, coolers/AC, separate kitchen, dining room, separate bathroom for disabled senior citizens, wheelchair, ramp and railings, balanced nutritious food, clothes, State-funded conveyance to the hospitals in cases of emergency, etc.;
  • The Circle Officers of the respective area are directed to maintain a vigil in and around the old age homes;
  • Protect the life and property of the senior citizens as provided under Rule 20;

Therefore, the PIL was disposed of with an observation that “That every citizen has a fundamental right to live with dignity. It is the duty cast upon the State Government to protect the life, liberty and property including dignity and decency of senior citizens. . . .”

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