PIL alleges elderly parents face abuse despite legal safeguards
A division bench comprising Justices Nitin Sambre and Mahendra Nerlikar asked the respondents to file a reply within two weeks.
The public interest litigation (PIL), filed by city NGO 'Samvedna', sought urgent enforcement of maintenance and welfare of parents and senior citizens Act, 2007. "Despite clear legal mandates and repeated court directives, the condition of many senior citizens remains pitiable," the PIL states.
The PIL filed through counsel Pradeep Wathore underscores the state's inaction in setting up old age homes, awareness programmes, and the appointment of nodal officers as required under sections 19–22 of the Act. "We are not asking for new laws. We are asking that the state uphold what already exists," the petitioner said.
The petition highlights unchecked violations of the Act in Nagpur, including non-payment of maintenance by children, illegal occupation of parental property, and lack of district-level old age homes as mandated under Section 19 of the statute.
Referring to specific instances of abuse, the plea contends that many elderly parents suffer mental distress after being abandoned by their children, who also usurp their homes, or don't pay allowance ordered by tribunals.
The 2007 Act was designed to offer both legal and infrastructural support to senior citizens. Section 5 allows them to seek maintenance through specially constituted tribunals, while other provisions aim to ensure shelter, healthcare, and dignity.
However, the petition says implementation has remained dismal, leading to recurring litigation and distress.
Citing Supreme Court rulings, the PIL stresses that senior citizens' right to live with dignity is embedded within Article 21 of Constitution and had declared care for the elderly a fundamental, not just statutory, obligation.
The petitioner has sought HC to direct state govt to compile and publish data on old age homes, pension schemes, medical facilities, and grievance redress mechanisms, and to submit a time-bound compliance plan.
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