The Supreme Court on Monday directed the Attorney General of India to communicate with the Advocate Generals/Standing Counsels of all States and Union Territories, seeking the latest status report on the establishment of old-age homes and facilities being provided there, in a PIL concerning the rights and welfare of elderly persons under Article 21. The matter was heard by Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.
The PIL, filed by Dr Ashwani Kumar, raises issues concerning pensions, shelter, geriatric care and medical facilities for senior citizens, as well as implementation of the Maintenance and Welfare of Parents and Senior Citizens Act.
Appearing in person, Kumar told the Court that a continuing mandamus had been issued and the Union Government was required to collect information on three issues, i.e. old-age homes in each district, the extent of pension being provided to elderly persons, and medical/geriatric care. He expressed anguish over the matter not being effectively heard for several years.
He submitted that the Union’s August 2023 affidavit contained details of only 15 States and four UTs and was still incomplete.
On the submission that the matter could be remitted to the respective High Courts, the petitioner opposed the suggestion, arguing that the Supreme Court must enforce its own orders and that a matter requiring an all-India decision could not be left to different High Courts.
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“This court has to enforce its own order by continuing writ of mandamus. I am so sorry that the Union should convert this non-adversarial matter into a matter of going to High Courts. This is a very strange submission. A matter that needs an all-India decision cannot be left to different High Courts. It is a 32 matter. It is an Article 21 matter. Court should have laid down the principles to be followed. And thereafter, ask the High Courts to get them implemented. This is the ideal way of getting something done at the ground level.”
The CJI observed that the Court could have laid down the principles to be followed and thereafter left their implementation to the High Courts. The Court requested the Attorney General to write to all Advocate Generals/Standing Counsels of the States and UTs to submit the latest status regarding old-age homes and facilities being provided there. The States and UTs have been directed to furnish the details within three weeks of receiving the communication.