Like Children, Vulnerable Elderly Need State Protection: Karnataka High Court
The Karnataka High Court has directed the State government to explore the creation of a comprehensive policy or legislative framework for senior citizens in need of care and protection, drawing parallels to the protections afforded to minors under the Juvenile Justice (Care and Protection of Children) Act, 2015. The directive came during the hearing of a petition concerning a 74-year-old woman from Mysuru who was suffering from gangrene and other age-related ailments, and who had been inadequately cared for by her children.
Justice Suraj Govindaraj ordered the Mysuru district administration to admit the woman to a government hospital and provide all necessary treatment at the government's expense. The court noted that the woman's son had challenged an order by the Assistant Commissioner, Mysuru, which favoured the mother regarding her maintenance.
In its observations, the court highlighted Section 20 of the Maintenance and Welfare of Parents and Seniors Act, 2007, which mandates the State government to ensure that government hospitals or those fully or partially funded by the government provide beds for senior citizens, facilitate treatment of chronic ailments, and earmark facilities for geriatric patients in every district hospital. The court directed the government to submit a statement on whether a comprehensive action plan has been formulated under Section 20 and Rules 20 and 21 of the Karnataka Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.
The High Court drew attention to the increasing number of petitions involving neglect, abandonment, abuse, exploitation, deprivation of maintenance, denial of residence, unlawful deprivation of property, lack of medical care, and absence of institutional support affecting the dignity, safety, and well-being of senior citizens. It asked the State government to examine whether the existing statutory framework adequately addresses these issues or if additional executive, policy, or legislative measures are required.
The court emphasised that a comprehensive framework should consider situations where a senior citizen lacks shelter, support, care, safety, health, property, financial security, or dignity due to abandonment, abuse, neglect, illness, incapacity, isolation, exploitation, emergencies, or other risks. It directed the government to assess mechanisms for rescue, emergency response, housing, healthcare, counselling, legal aid, rehabilitation, monitoring, community support, abuse reporting, inter-agency coordination, and comprehensive welfare measures ensuring dignified living under Article 21 of the Constitution.
The order underscores the State's constitutional obligation to protect the vulnerable, including the elderly, and calls for a robust policy framework akin to that for children to ensure their care and protection.
