It is heartening to note that the senior citizens and older persons play an important role for the advancement of any given society as they participate in public affairs and guide the youngsters to move in the right direction.
As they do have rich experience of life, the society expects a lot from them to carry forward different welfare activities in multi-dimensional way. Unfortunately, of late, we get a lurid picture about life and conditions of the senior citizens and older people. It is sad that they are almost forgotten story in social activities.
The older persons, both men and women, who deserve love, affection and respect, are not getting their due and are rather neglected and sidelined not only by the State but by the civil society as well. Needless to say, that the State can profitably use the services of such gray-headed people with their sense of wisdom, sagacity and past expertise in their domain of activities. On the contrary, in many instances, they are humiliated both at home by their family members and also outside. Truth remains that barring few, quite a large number of senior citizens lead a miserable life. At times, they are intimidated, brutalised and have to suffer both physical and mental trauma at the hands of their family members, particularly by their sons and daughters-in-law in modern society and mostly in urban areas.
In many cases, for their bare sustenance, under compelling circumstances, they have to take shelter in court of law. At many places, the older couples are robbed of their valuables and even murdered which happen mostly in cities and metropolis where nobody bothers for the senior citizens far from safeguarding their life and property. The State also does not come to their rescue, although there are so many welfare legislations, laudable policy of the Government confined to official notifications and charters for the benefit of the senior citizens.
The constitution in fundamental rights chapter and particularly under Article-21, guarantees the rights of the citizens. Similarly, the Directive Principles of State policy although are non-justiciable rights speaks about the welfare of the sick, infirm and particularly of the older persons for a better standard of living. The constitutional provision mandates the State for the security, health care and nutrition, right to food, clothing and shelter for the senior citizens. In actual practice, these constitutional prescriptions are now like teasing illusion to the old, sick and infirm. In a welfare State like ours, the beneficial measures for the senior citizens are not made available to them in many cases due to dilatory tactics, lethargy and inaction on the part of the public functionaries. It is heartening to note that the apex court has expanded the ambit of Article-21 and the word “right to life” employed in the Article would mean right to live with dignity and “life” is for a qualitative existence, not animal existence. The dicta of right to life have found its best expression in the case of Menaka Gandhi in the famous Passport impounding case as well as in Francis Coralie Mullin case. Food security and shelter being basic amenities are fundamental rights under Article-21 as held by the apex court in Olga Tellis known as pavement dweller’s case and Nawab Khan case. Therefore, the State must provide all reasonable facilities to the senior citizens so that they can live with dignity and honour whether they are in an old age home or live in the joint family.
In this backdrop, it is significant that the Central Government in 1999 started a plan like National Council for Older Person and in 2007 “Maintenance and welfare of parents and senior citizens”, Act-2007 was passed which are also equally applicable to the States. It is heartening to note that under this welfare legislation for the older persons and for their maintenance the District Magistrates and the District Welfare Officers are given wide powers to implement the law both in essence and spirit. In this regard, the Delhi Administration is a role model. They have started health check-up programmes in nine big hospitals of Delhi and for the healthcare of senior citizens are operating special clinics on Sundays. Significantly, the Central Government on the national basis for the health care of the older persons has launched a programme in 100 different districts of the country and geriatric centers in eight medical colleges have been started. The Delhi Transport Corporation has provided concession pass for older persons and seats are earmarked. There is a Government notification for release of pension and allowances of the senior citizens on priority basis. The police department has launched “Special Protection Scheme” for the older persons and the station house officer of the concerned police station make weekly visit to the houses of the senior citizens of his area to sort out their problems and difficulties which has instilled a sense of confidence amongst them. The senior police officer and his juniors are in constant touch with the senior citizens as a result of which their problems and petty disputes with their neighbours and relatives are easily solved at the threshold in many cases. In Government Hospital, Railway Station, PDS Center, BSNl Office, there is separate counter and row for the senior citizens. For their recreation and amusement at 83 places, recreation centers for senior citizens have been established with the assistance of voluntary organizations that are funded. They organize health camp, yoga camp and seminar on nutrition for senior citizens. These social action groups take senior citizens at intervals to places of interest. Due to all these activities, the older persons develop a sense of confidence to go ahead with life. They feel respected and dignified in the society.
However, the truth is that not much has been done to benefit the senior citizens. The officials of Government in public functions speak a lot about different kinds of welfare measures made available for the senior citizens and older persons but in reality there is a wide gap between promise and performance by the State and the constitutional obligation is thus belied. Recently, a social action group namely “Help-age” made a survey about the life and condition of senior citizens of Cuttack City in Odisha and found that in a large number of cases older men and women although are subjected to physical and mental torture by their family members but they do not speak out openly for fear that these are family secrets. Reportedly, 74 per cent of such victims are in the age group of 60 to 70 where as 21 per cent belong to the age group of 70 to 80. In our culture and tradition, the blessings of the older persons are like the blessings of God which help the youngsters move on the path of prosperity. It is seen that poor parents with much difficulties educate their sons and daughters and they are also well-placed both inside the country and abroad but in many cases, they never take care of the parents far from providing any financial assistance for their bare sustenance. This is truth of life and these old parents live in a state of utter anguish, completely neglected with broken health, forlorn and deserted.
Therefore, the affairs relating to senior citizens and older persons wherever they live or settle down are sensitive issues which has to be addressed by the State in best possible manner to make it a living reality, not a myth.
(The writer is former special judge CBI, Bhubaneswar and Professor of law, lal Bahadur Shastri National Academy of Administration, Mussoorie)