Bombay HC Finds Mandates Of Maintenance And Welfare Of Parents And Senior Citizens Act Still Unfulfilled; Orders Govt To Report Compliance Steps

Mumbai: The Bombay High Court has expressed displeasure over the fact that the various mandates of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which has been in force since 2010, “still remain unfulfilled”.

A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar has asked the government to file an affidavit within four weeks giving details of steps taken for ensuring compliances of the Act.

The court was hearing a public interest litigation (PIL) by a Bangalore-resident Nilofar Ambani seeking direction to the state to issue detailed guidelines for licensing, registration and management of the old age homes across the State.

Pursuant to direction issued by the HC on November 29, 2023, the state government filed an affidavit which stated that the Commissioner of Social Welfare has conducted a survey of existing old age homes within the State and has prepared a report. The government further claimed that it is in process of formulating a policy for overall supervision of old age homes.

Further, the government has initiated necessary process for formulation of the State Council as contemplated under the Maintenance and Welfare of Parents and Senior Citizens Rules, 2010.

Directing the state to file an additional affidavit giving details of the information gathered during the survey conducted by the Commissioner of Social Welfare. The court she asked asked to submit its report.

“The affidavit… shall clearly mention as to what steps have been taken for formation of the State Council as per the requirement of the Rules of 2010,” the court noted in its order.

It further noted: “We may note that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 promulgated by the Parliament has been in force since 2010, i.e., for a period of 14 years, however, various mandates as contemplated under the said Act still remain unfulfilled.”

The bench has asked the state to explain “the steps taken for ensuring various compliances as per the requirement of the Act of 2007 and the Rules of 2010”.

The HC has kept the matter for hearing on August 29.

In 2019, Amalani had admitted her father, 86, who was suffering from dementia, temporarily to a home in Powai for care. She was also taking care of her mother, 83, who has vision issues.

Her plea claimed that a family member noticed that her father’s belongings were missing, he had blood clots on his arms and his feet and was not fed proper meals. On June 13, 2019, when he had breathing issues, he was admitted to a clinic which had inadequate facilities. She took him to a hospital as his condition worsened. The hospital recorded he had bruises on his body. He passed away on August 15.

After recovering from her grief, Amlani realised there is a lack of comprehensive framework governing institutions of elder care. Hence she filed a PIL in 2019.

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