Karnataka High Court Directs State To Ensure Minimum Standards In Old Age Homes

A division bench of Chief Justice Abhay Oka and Justice Satish Chandra Sharma said "State must place on record details about number of old age homes established by it in Bengaluru urban district in terms of mandate of sub section 1 of Section 19 of the said Act. It will also be appropriate if the state government prescribed a scheme under sub section 2 of section 19, which will ensure that minimum standards are maintained even by private institutions and old age homes. The State government must make its stand clear on the issue of framing scheme as required by sub section 2 of section 19 of the said act of 2007."

The bench issued the direction while hearing a public interest litigation filed by one Pavan Kumar and others who seek to effect closure of Nav Chetana Old Age Home and Rehabilitation Centre located in Bengaluru, on the ground that it is posing a health hazard to residents in the vicinity.

Advocate Raghu Prasad B S appearing for the petitioners submitted that petitioners are shocked that dead bodies are kept in the premises of the old age home. Moreover, due to the pain and suffering of the aged patients the peace and tranquility of the area is disturbed as the inmates cry out in pain during night time.

During the hearing the bench observed that "Though one may not like the idea that old age homes are required to be established, it is matter of fact that we need old age homes. Somebody in the old age home is bound to die till his relatives come; the body is bound to be kept at the home , as citizens you have to tolerate."

It added "Need of society is to have old age homes. So ultimately you (petitioners) must also ensure that old age homes are there. Somebody is staying in an apartment, the neighbour is ill, there is some disturbance in the night, you have to tolerate all this."

The bench expressed that the problem was more of a social issue which it was very worried about. Justice Sharma said "Most unfortunate thing is that we grow up and we throw our parents out. This is happening in society." Justice Oka added "It is the fault of the society, that people are on death bed and they are driven out of their house and placed in old age homes. This is a social issue, which we are very worried about."

The bench in its order noted that "If an order is made by this court for closure of old age home run by respondent no 5, perhaps it will be violation of fundamental rights of the inhabitants of the old age home under Article 21 of the Constitution of India. The issue needs to be sorted out firstly by the state and then between the respondents and the petitioner."

Following which it directed the trustee of the old age home to convene a meeting, requesting the petitioners or their representatives to attend the meeting, so that an effort can be made to find out a solution to grievances made by the petitioners within two weeks.

The matter will now be further heard on January 27.

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