Madras High Court Issues Notice On Plea Seeking Govt-Run Old Age Homes In Every District

A plea has been filed in the Madras High Court for setting up of government-run Old Age homes in every district of Tamil Nadu in accordance with Section 19(1) of The Maintenance and Welfare of Parents and Senior Citizens Act 2007.

When the matter came up before the bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu on Monday, the bench issued notice to the State and listed it for hearing on July 31. Pascal Sasi, a final year law student from Bengaluru's Christ University, has filed the petition.

In his plea, Pascal submitted that as per Section 19(1) of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, the State Government is required to establish and maintain such number of old age homes at accessible places, as it may deem necessary, in a phased manner, beginning with at least one in each district to accommodate in such homes a minimum of one hundred fifty senior citizens who are indigent.

Alleging that the State has failed to implement the law in this regard, he argued that the elderly are being deprived of their right to get bare minimum of shelter to live in. The State’s failure to set up old age homes is not only a violation of the statutory provisions governing the field but also of the orders passed by the Supreme Court and the High Court in this regard, the plea contends.

In response to an RTI application preferred by him, the Directorate of Social Welfare & Women Empowerment is stated to have said that old age homes are not being directly run by the state government.

Pascal added that since the State has not complied with the law, he had made a representation to the Chief Secretary, Government of Tamil Nadu and the Secretary, Union Ministry of Social Justice, and Empowerment requesting the authorities to ensure that government-run homes are set up as per the Act and to take necessary effort to implement the Draft Policy on Senior Citizen Welfare 2022.

He further alleged that numerous incidents of mismanagement have been reported in institutions run privately, leading to rising concerns about the overall safety and welfare of Senior Citizens.

Case Title: Pascal Sasi R v State of Tamil Nadu