The Supreme Court of India has taken a significant step towards ensuring the welfare of senior citizens by directing all states and union territories to submit updated reports on old-age homes and associated facilities. This directive comes as part of a long-pending public interest litigation (PIL) that seeks to improve the living conditions and care for the elderly across the country.
The three-judge bench, led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, has given states a four-week deadline to provide the latest information on the establishment and facilities of old-age homes. This move is expected to shed light on the current state of elderly care infrastructure and pave the way for more effective implementation of safeguards.
The bench has instructed Attorney General R Venkataramani to communicate with the advocates general and standing counsel of all states and union territories, requiring them to submit comprehensive status reports. The Chief Justice indicated that while the Supreme Court can establish broad principles, the high courts could be tasked with ensuring their effective implementation on the ground.
The Centre had suggested transferring the matter to the respective high courts. However, the bench decided to first gather updated data from all states before making any further decisions. The status reports are expected to provide a clear picture of the existing infrastructure and facilities available for senior citizens, which will help in determining the next steps in the case.
The Background of the Case
The PIL was originally filed in 2016 by Dr Ashwani Kumar, a former Union minister, who sought the effective implementation of statutory and constitutional safeguards for elderly citizens. These safeguards include the establishment of old-age homes in every district, adequate pensions, and access to geriatric care. In an earlier order dated April 8, 2016, the court had sought assistance from the National Legal Services Authority (NALSA) and the non-profit organisation HelpAge India in developing measures to protect the rights and welfare of the elderly.
During the recent hearing, Dr Kumar, appearing in person, urged the bench to prioritise the matter, highlighting that the case had not been listed since 2022 despite repeated requests for an early hearing. He also pointed out that the Union government had yet to file a complete affidavit despite earlier directions to disclose details on old-age homes, pensions, and medical care. “With great anguish, I want to point out that something needs to be done to prioritise these matters. It concerns crores of people,” he told the bench.
The Role of NALSA and HelpAge India
The court had permitted Dr Kumar to appear and argue the matter in person and agreed to associate HelpAge India with the proceedings, noting the organisation’s role in the protection and welfare of elderly and infirm persons. HelpAge India was asked to assist the bench in evolving an acceptable scheme or solution to address the problems faced by elderly persons, as highlighted in the petition.
The bench had also issued notice to the member-secretary of NALSA and asked the authority to place on record whether any scheme had been formulated to protect the rights of elderly persons. If such a scheme existed, NALSA was directed to place a copy before the court. In the absence of one, the authority was asked to indicate whether it could formulate a scheme to provide legal assistance and ensure protection of the legal rights of senior citizens in accordance with existing laws.
The bench also sought details of other measures that could be taken by NALSA and State Legal Services Authorities to assist elderly persons in protecting their fundamental, statutory, and legal rights. This collaborative approach aims to create a robust framework for the welfare and protection of senior citizens across India.
