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Synopsis

On Wednesday, the Bombay High Court strongly criticized the Maharashtra State Government for not having a proper District Committee and State Council under the Maintenance and Welfare of Parents and Senior Citizens Act 2007.

The division bench of the high court comprising Chief Justice Devendra K Upadhyaya and Justice Arif Doctor was hearing a PIL filed by Nilofer Amlani seeking directions regarding the 2010 Rules notified by the state Department of Social Justice and Special Assistance for the care and protection of senior citizens.

The petition sought proper guidelines for the licensing and registration of old-age homes across Maharashtra.

The division bench found that even though the rules were framed in 2010, 13 years had lapsed, and the state council and district committee were non-functional.

“Aap court ki baat maante nahi, kam se kam Parliament ki baat toh suno! (You don’t listen to the court, at least listen to the Parliament),” the bench said.

On the earlier date, the high court had asked the government to file an affidavit explaining the steps taken to form the committee and council. Accordingly, the state filed its affidavit, but the bench noted in its order that it appeared the state council and district committee were non-functional.

The bench also questioned AGP Patki, saying that there was no regulatory mechanism in place.

In response, Patki stated that once the state council is in place, the regulatory mechanism will also be in place, after which the bench told Patki to abide by the law of Parliament.

The bench also remarked that for 13 years, the state government was searching for experts.

“We are not conducting a roving enquiry. The mechanism and what is provided in the act should be implemented. For thirteen years you could not find experts,” the bench said.

The bench posted the matter for 9 January and asked the government to also explain the steps taken to put the regulatory mechanism in place.

Case title: Nilofar Amlani vs State of Maharashtra & Ors.