Ensure Timely Assistance And Relief To Senior Citizens In Present Pandemic : Karnataka High Court

A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj said "We direct state government to issue circular to all District magistrates, within the meaning of the Karnataka Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, to perform their duty under clause vi of sub section 2 of section 20, of ensuring timely assistance and relief to senior citizens in need in the present pandemic." The circular has to be issued at the earliest.

The bench also noted that "In the context of sudden surge in covid-19 cases, the state government will have to make every possible endeavour to comply with mandate of Section 20 of the THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007, especially in covid centres and covid hospitals.

Section 20 of the Act reads thus:

Medical support for senior citizens.—The State Government shall ensure that,— (i) the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; (ii) separate queues be arranged for senior citizens; (iii) facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; (iv) research activities for chronic elderly diseases and ageing expanded; (v) there are earmarked facilities for geriatric patients in every district hospital dully headed by a medical officer with experience in geriatric care.

The bench directed "State government will issue an advisory to all the concerned authorities to keep in mind the mandate of Section 20 of the said Act of 2007, while running covid centers and covid-19 hospitals."

It added "Sub section 2 of Section 22 of the said Act of 2007, will have to be implemented by the state government by prescribing a comprehensive action plan for providing protection to life and property of senior citizens."

The court also noted that pensioners have to submit a life certificate every year and make certain procedural compliances. As far as payment of pension during pandemic is concerned, the state government will be bound by order August 4, 2020 passed by the Apex court, (WP 193/2016), wherein direction is issued that all old age people eligible for pension be regularly paid pension.

Further the court said "State government shall give effect to said direction even in the case of those pensioners who are not able to physically attend concerned offices and make physical compliances."

The directions were given during the hearing of a petition filed by AKHILA KARANATAKA VYYOVRUDHARA OKKOOTA (AIKYATA). The matter will be next heard on June 18.