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Elderly destitutes: Bombay HC issues notice on PIL to state, Centre govts

The Bombay High Court has recently issued notice on a PIL drawing attention to the neglect of destitute senior citizens, who are mainly living on the streets, by the state government and the Central government.

The PIL, filed by Heramb Ramchandra Kulkarni and another, contended that though there are at least five special assistance schemes, two of the State Government and three of the Central Government, the economic assistance provided for in these schemes is extremely insufficient as, for example, a senior citizen aged 65 and above having no issue is entitled to an amount which is not more than Rs 1,000 per month. This amount, in the opinion of the petitioner is extremely insufficient and the senior citizens for whom the schemes have been framed would not be able to survive with such meager amount.

It is also contended that there are no properly created and maintained homes for the homeless living off the streets and with the steep rise in prices of essential commodities, such destitutes who are not able to earn their livelihood may starve and suffer to no end.

The Nagpur Division Bench of Justice Sunil B. Shukre and Justice Anil L. Pansare have gone through the Government Resolution dated 28.08.2019 which lists the five special assistance schemes for the destitute senior citizens.

The Bench noted that prima facie, it appears that something more is required to be done by the state and Central governments.

“Of course, this would be something which would lie within the domain of policy making of the State but the policies of the State must be aligned to the constitutional goals and philosophy,”

-observed the Bench.

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The Court opined that what has been provided in Maharashtra is much less than the assistance given by other states. In Delhi, the assistance, for example, is to the extent of Rs 4,500 per month, as mentioned in the petition.

While observing that issues require consideration in the light of the duty imposed upon the Court by the Constitution of India, the High Court issued notice to the respondents.

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