CJI wants guidelines to govern private old-age homes

There should be proper guidelines to govern private old-age homes to ensure "right benefits" for the elderly and prevent any exploitation, Chief Justice of India K G Balakrishnan said today.

"The Jammu and Kashmir High Court recently talked about having guidelines for health clinics...(similarly) it's high time to have guidelines for private old-age homes so that the elderly get the right benefits," the CJI said while talking about money-making pratices adopted by some homes meant for parents of NRIs.

The CJI, who inaugurated a one-day national seminar on Maintenance and Welfare of Parents and Senior Citizens Act 2007 (MWPSCA) here, said under Article 21 of the Constitution the elderly have a right to live with dignity.

"The statute has several provisions which have good intention but these should be implemented," the CJI said adding that the National Legal Services Authority is now trying to educate and empower the beneficiaries of laws.

"There are several statutes lying dormant and we should reinvigorate them so to that they are implemented," he said in the backdrop his recent observation that when it comes to implementing laws on collecting surcharges, the government will rush them but not implement "benevolent legislations."

A Bench headed by the CJI had observed this on a PIL on implementation of a 14-year-old disabilities law.

The CJI suggested involving law students to spread awareness on benevolent legislations like the MWPSCA so that "the benefits percolate to the old people."

Minister for Social Justice and Empowerment Meira Kumar said the Ministry is sensitising all stakeholders for effective implementation of the MWPSCA.

Describing matters related to maintenance of elderly as a "delicate and complex" social issue, she said the government had enacted the MWPSCA to safeguard the rights of the elderly.

Under the law, every senior citizen who has attained the age of 60 years can claim maintenance from children or relatives who are in possession of or are likely to inherit his or her property.

Neglect or abandonment of a senior citizen is a cognisable offence punishable with a fine of Rs 5,000 or three months imprisonment or with both. The elderly can approach special tribunals which are empowered to award a maintenance of upto Rs 10,000 per month.

Earlier, addressing the seminar, Supreme Court judge Arijit Pasayat said that caring for old parents was in Indian tradition and it was unfortunate that something that "we have ethically forgotten" should be brought into the statute.

"Do we really need a statute to tell us what we should do to our parents?" he asked, adding, no statute can replace the moral and ethical responsibility towards the parents who have a right to live with dignity.