The Bombay High Court has directed the government to provide details of the State Council of Senior Citizens and district monitoring committees, which are contemplated under the Maintenance and Welfare of Parents and Senior Citizens Act. The council and the committees are to be formed to regulate elder care institutions.
The order was passed by a division bench of Acting Chief Justice Nitin Jamdar and Justice Sandeep Marne on June 14 while hearing a public interest litigation (PIL) by a Bangalore-resident, Nilofar Amlani, seeking direction to the state to issue detailed guidelines for licensing, registration and management of the old-age homes across the state.
Care issues in old-age home highlighted by petitioner
Amlani admitted her father, 86, who was suffering from dementia, temporarily to a home in Powai in 2019 for care. She was also taking care of her mother, 83, who has vision issues.
According to her petition, a family member noticed that her father’s belongings were missing, he had blood clots on his arms and feet, and was not fed proper meals. When he had breathing issues, the home on June 13, 2019, admitted him, to a clinic with inadequate facilities.
Amlani took him to a hospital as his condition worsened. The hospital recorded that he had bruises on his body. He passed away on August 15, 2019.
After recovering from her grief, Amlani realised there is a lack of comprehensive framework governing institutions of elder care. Hence a filed a PIL in 2019.
“In absence of regulation and mandatory licence, elder care homes work solely on a business model treating the inmates as a source to earn income. In such scenarios, elderly in such homes are neglected and are subjected to physical and mental abuse as in the case of the father of the petitioner,” her plea stated.
Her advocate Kranti LC, said the state government has not filed its reply to her petition till date.
State Government yet to respond to the petition
The HC noted in its order that for effective implementation of the Maintenance and Welfare of Parents and Senior Citizens Act, the Rules under it provide for establishment of State Council of Senior Citizens and district committees to advise the state government.
The bench has asked the state to provide details of this. It has also directed the state government to inform when the council was established, the name and numbers of its members and details of the meetings held.
The HC has kept the PIL for hearing on July 26.
