The Bombay High Court directed the state government to place on record the details regarding the State Council, District Committees/District Co-ordination-cum Monitoring Committees on implementation of the Maintenance and Welfare of Parents and Senior Citizens Act 2007.
The Division Bench of Acting Chief Justice Nitin Jamdar and Justice Sandeep V. Marne heard a Public Interest Litigation (PIL) filed for a direction to respondent (State of Maharashtra) to issue detailed guidelines for licensing, registration and management of the old age homes across the State. Further directions are sought in respect of the scheme framed under the Maintenance and Welfare of Parents and Senior Citizens Rules 2010 .
The prayers regarding old age homes are traceable to Section 19 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, which reads thus: –
“19. (1) The State Government may establish and maintain such number of oldage 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 one hundred fifty senior citizens who are indigent.
(2) The State Government may, prescribe a scheme for management of oldage homes, including the standards and various types of services to be provided by them which are necessary for medical care and means of entertainment to the inhabitants of such homes.
Explanation. – For the purposes of this section, “indigent” means any senior citizen who is not having sufficient means, as determined by the State Government, from time to time, to maintain himself.”
The Act of 2007 provides for various measures for taking care and protection of senior citizens. The Department of Social Justice and Special Assistance of the State of Maharashtra has notified Rules of 2010 in exercise of power conferred by Section 32 of the Act of 2007. Chapter VII of the Rules deals with establishment of State Council and District Committees of Senior Citizens.
Chapter IV of the Rules of 2010 provides for scheme for management of old age homes established under Section 19 of the Act of 2007. Rules 21 and 22 stipulate that the State Council and District Committees would advise the State Government on effective implementation of the Act and to perform such other functions as the State Government may notify.
Thus, the Bench observed that the tissues which the petitioner has raised would also be the concern of the State Council. Therefore, the details regarding the State Council, District Committees/District Co-ordination-cumMonitoring Committees needs to be placed on record by way of an affidavit.
“The State shall place on record the details as to when the State Council of Senior Citizens, as contemplated under Rule 21, was established, the names and number of members as per Rule 21(2) (iii) and (iv), the details of the meetings held of the said Council from its establishment as Rule 21(3) mandates that the State Council shall meet at least once in 6 (six) months. The decisions taken/minutes of the said meetings also be placed on record”, the Bench directed.
Matter is listed on 26 July 2023 for further hearing.