Every individual case can’t be entertained under Article 32 States should take care of them, SC in plea for COVID-19 elderly care
Every individual case can’t be entertained under Article 32 States should take care of them SC in plea for COVID-19 elderly care
On Monday the apex court directed the states and union territories to file a detailed affidavit within 4 weeks to ensure that seniors living alone in the midst of the COVID-19 epidemic are properly cared.
A petition has been filed by former Union Law Minister and senior advocate Ashwani Kumar, which highlights the concerns of senior citizens living alone and seeks to protect the rights of the elderly. They stated that the government policies and legislation made with the intention of securing the rights and dignity of the elderly are not being implemented adequately.
A bench led by Justices Ashok Bhushan, R Subhash Reddy and MR Shah was informed by senior advocate Dr Ashwani Kumar that 7 states have filed their affidavits in terms of the apex court’s directive on August 4, but they do not have a detailed statement.
Senior advocate Dr Ashwani Kumar added that the situation is indeed “pathetic”.
“States should clarify their stand. Most states have only circulars. Circulars and paperwork are not something that is necessary. What is required is how it is being implemented”.
Justice Bhushan observed that individual cases cannot be taken under Article 32 and it is up to the State to take care of them. In previous hearings, the court recognized the government’s obligation to care for and protect the lonely elderly, by ensuring the availability of essential goods and services.
The Court directed the Union Ministry of Social Justice and Empowerment to ensure that old age pension is paid regularly and on time. In addition, all states have been directed to respond quickly to requests made by senior citizens, especially the elderly living alone during these times of COVID-19. The Court thus acknowledged the need to assure effective assistance to the elderly.
The Supreme Court had also asked the central government to ensure that necessary precautionary devices are provided in the homes of old age people. Justice Bhushan emphasize that all caregivers should wear Personal Protective Equipment (PPE) kits and follow safety regulations regarding hygiene and precautions to be taken regarding COVID-19.
By Priya Kumari
