Govt has failed to open old age homes: HC
- Karnataka High Court stated that there is a complete failure on the part of the State government to comply with its statutory obligation of establishing old-age homes as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
- This Act makes it legally obliging for adult children and heirs to provide for parents by way of a monthly allowance.
According to section 19 of the Act-
- The State Government shall, in a phased manner, establish and maintain a such number of old age homes at accessible places as it may consider necessary and shall initially establish at least one old age home in each district.
- The State Government shall also lay down a plan for the management of old age homes.
High Court remark
- Though the Act states that the State governments “may” establish and maintain old-age homes, the Court said that depending upon various factors, while interpreting a statute, the word “may” can be interpreted as “shall” and vice versa.
Overview of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007:
- This Act provides an inexpensive and speedy procedure to claim monthly maintenance for parents and senior citizens.
- According to this Act, parents could mean biological, adoptive or step-parents.
- Under this Act, there are also provisions to protect the life and property of such persons (elderly).