The Bombay High Court shows displeasure to the Maharashtra government for not following a law meant to help older parents and seniors, saying, "If you won't listen to us, at least follow what Parliament says."
The division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor, observed that the state government still hadn't appointed members to the council, which should have been established following the guidelines outlined in the Maintenance and Welfare of Parents and Senior Citizens Act of 2007.
"Aap court ki baat maante nahi, kam se kam Parliament (statute) ki baat toh suno ("You don't listen to the court, at least listen to Parliament)!" Chief Justice Upadhyaya quipped.
The 16-year-old legislation on the welfare of parents and senior citizens, initiated by Union Ministry of Social Justice and Empowerment, was enacted by Parliament. In its directive, the court mandated that the government furnish information about the state council, district committees, and coordination-cum-monitoring committees responsible for executing the Act. Additionally, the bench requested the state government to submit an affidavit outlining the actions taken to enforce different aspects of the legislation.
During the proceedings, the high court was addressing a Public Interest Litigation (PIL) initiated by Nilofer Armani. The PIL sought comprehensive guidelines for the licensing, registration, and administration of old age homes throughout the state.
In addition to the guidelines for old age homes, the PIL also aimed at ensuring the effective enforcement of the 2010 Rules established by the state Department of Social Justice and Special Assistance. These rules were designed to provide care and protection for senior citizens.
The Rules stipulated that the State Council and District Committees were tasked with advising the government on the Act's effective implementation and other notified functions. In June of this year, the high court had directed the state government to submit an affidavit outlining the measures taken to ensure compliance with the legislation.
The state government, in the affidavit, claimed it had taken various steps to constitute state council and district committees for welfare of elderly persons.
The bench, however, noted state council and district committees were still not functioning.
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