Like children, vulnerable elderly need a State-led care and protection mechanism: Karnataka High Court
Taking note of increasing litigations related to the violation of the rights of senior citizens, the High Court of Karnataka has directed the State government
Taking note of increasing litigations related to the violation of the rights of senior citizens, the High Court of Karnataka has directed the State government to examine the feasibility of creating a comprehensive policy or legislative framework for “senior citizens in need of care and protection”, broadly modelled on the lines of protection given to minors through the Juvenile Justice (Care and Protection of Children) Act, 2015. Mysuru incident The court also directed the Mysuru district administration to admit a 74-year-old woman, suffering from gangrene and other age-related ailments, and who was not adequately taken care of by her children, to a government hospital and to provide her with all necessary treatment and care entirely at the cost of the government. Justice Suraj Govindaraj passed the order while hearing a petition filed by the woman’s 38-year-old son, who had challenged an order passed by the Assistant Commissioner, Mysuru, in favour of his mother on issues related to her maintenance.
The court noticed that Section 20 of the Maintenance and Welfare of Parents and Seniors Act, 2007, requires the State government to ensure that government hospitals or hospitals funded fully or partially by the government provide beds for all senior citizens as far as possible, facilitate the treatment of chronic ailments, and make available the earmarked facilities for geriatric patients in every district hospital, duly headed by a medical officer with experience in geriatric care. Following this, the court directed the government to submit a statement to place on record whether a comprehensive action plan has been formulated in terms of Section 20 of the Act and Rules 20 and 21 of the Karnataka Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, for providing effective medical support, welfare measures, and protection to senior citizens.
Multiple petitions During the hearing, the court noted that many petitions involving neglect, abandonment, abuse, exploitation, deprivation of maintenance, denial of residence, unlawful deprivation of property, lack of medical care, absence of institutional support and other circumstances affecting their dignity, safety and well-being have been filed. Following this, the court directed the State government to examine whether the existing statutory framework under the 2007 Act adequately addresses all such situations or whether additional executive, policy or legislative measures are required to identify and extend to the senior citizens appropriate measures relating to rescue, protection, shelter, healthcare, institutional care, community-based care, and continuous monitoring, on the lines of the provisions in the JJ Act, 2015. The need for a comprehensive framework should be examined by keeping in mind whether a senior citizen lacking shelter, support, care, safety, health, property, financial security or dignity due to abandonment, abuse, neglect, illness, incapacity, isolation, exploitation, emergencies or other risks requires care and protection, the court said.
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