Summary
The Supreme Court adopted continuing mandamus to monitor senior citizens’ rights to dignity, shelter and health and implementation of the 2007 welfare legislation. Initial directions required district-level information on old-age homes and geriatric facilities, publicity planning, Central directions and review, and reconsideration of pension schemes. No fixed enhanced pension was awarded; reconsideration remained subject to financial availability and economic capacity.
Issues
- What measures were required to secure elderly persons’ constitutional rights and effective implementation of the senior-citizens welfare legislation.
Provisions considered
- Sections 19 and 20, Maintenance and Welfare of Parents and Senior Citizens Act, 2007The provisions for old-age homes and medical support informed the directions to collect district-level information and monitor implementation. (¶¶ 37, 39, 51)
- Sections 30 and 31, Maintenance and Welfare of Parents and Senior Citizens Act, 2007The Central Government was directed to exercise its statutory direction-giving power and review implementation by the States. (¶ 51)
Held
- The rights to live with dignity, shelter and health formed part of the Article 21 protection available to elderly persons. Effective enforcement required continued attention, while expenditure directions also called for awareness of economic capacity and judicial restraint. (¶¶ 16, 25, 31, 44)
- A one-time set of directions would be inadequate. Continuing mandamus was adopted to monitor implementation of constitutional protections and the welfare statute. (¶¶ 46, 47, 50)
- The Union was to obtain and report district-wise information on old-age homes and medical and geriatric facilities. A publicity action plan was to be prepared on the gathered information, and Central statutory directions and implementation review undertaken. (¶ 51)
- Governments were to revisit pension provision to make it more realistic, subject to available finances and economic capacity. The Court did not prescribe the petitioner’s proposed minimum pension or a uniform new rate. (¶¶ 10, 51)
- The Union’s status reports were due by 31 January 2019, after which the matters were to be listed for further proceedings. (¶¶ 52, 53)
Result
Initial directions issued in continuing proceedings. Union status reports required by 31 January 2019; matters to be listed thereafter. Corresponding directions applied in the connected petition.