Apex court issues directives to Union government and states to monitor
implementation of MWP ACT
The Supreme Court on
Thursday observed that there cannot be any excuse of lack of finances either by
the Government of India or by the State Governments in strictly implementing
the provisions of Maintenance and Welfare of Parents and Senior Citizens Act,
reports legal news portal Livelaw.in.
Responding to a writ
petition filed by Dr Ashwani Kumar seeking enforcement of the Act under Article
21 of the constitution a SC bench comprising Justice Madan B Lokur and Justice
Deepak Gupta issued the following directives to the union government and states
and asked for a status report before January 31, 2019 through the Additional
Solicitor General.
The Directives
1. The Union of India will obtain necessary information from
all the State Governments and the Union Territories about the number of old age
homes in each district of the country and file a Status Report in this regard.
2. The Union of India
will also obtain from all the State Governments the medical facilities and
geriatric care facilities that are available to senior citizens in each
district and file a Status Report in this regard.
3. On the basis of the
information gathered by the Union of India as detailed in the Status Reports, a
plan of action should be prepared for giving publicity to the provisions of the
MWP Act and making senior citizens aware of the provisions of the said.
4. Section 30 of the MWP Act enables the Government of India
to issue appropriate directions to the State Governments to carry out and
execute the provisions of the MWP Act. The Central Government must exercise its
power in this regard and issue appropriate directions to the State Governments
for the effective implementation of the provisions of the MWP Act. Alongside
this, the Central Government must, in terms of Section 31 of the MWP Act,
conduct a review for the purposes of monitoring the progress in implementation
of the MWP Act by the State Governments.
5. Some of the schemesreferred to hereinabove are comparatively dated. It is high time that theGovernment of India has a relook at these schemes and perhaps overhaul themwith a view to bring about convergence and avoid multiplicity. In particular, theGovernment of India and the State Governments must revisit the grant of pensionto the elderly so that it is more realistic. Of course, this would depend uponthe availability of finances and the economic capacity of the Government ofIndia and State Governments.
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