Delhi Maintenance and Welfare of Parents and Senior Citizens Rules (Amendment) Rules, 2016
Rule 22(3)—Appropriate forum for purpose of eviction would be the District Commissioner or District Magistrate, and the appellate forum would be Divisional Commissioner.
[Paras 18 & 19]
Rule 22(3)—Timely adjudication of applications for eviction—Senior Citizens Act along with its rules and subsequent amendments, were promulgated with the primary aim is safeguarding the interest of senior citizens—Delay in deciding such applications can lead to defeating the very purpose of the enactment itself—Tribunals established to protect the rights and interests of the elderly population are therefore expected to expeditiously adjudicate their matters thereby providing them support and redressal—Specific amendments to existing laws are necessary to ensure the timely resolution of cases involving senior citizens—Tribunal in question directed to expeditiously resolve the complaint of petitioners within a period of one month.
[Paras 28 to 44]
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 1—Purpose of Act—Purpose of the Senior Citizens Act is to establish measures to safeguard the well-being and welfare of elderly individuals who lack adequate support, whether financial or otherwise—As a social legislation, it should be interpreted broadly, with its provisions applied in alignment with the overarching goals of the Act—Act serves as a mechanism to ensure that elderly individuals are not left destitute or neglected, especially in situations where they lack the means to support themselves—This includes provisions for securing maintenance, access to healthcare, and protection of their property rights.
[Par 14]
Section 1—Aims and Objectives—Senior Citizens Act was enacted to ensure that the golden generation of the country, who are in the twilight years of their lives, are accorded the dignity and respect they deserve.
Held : The saying that one should not forget the hands that raised them is not always respected by many. In modern society, the fastpaced nature of life often leads to the neglect or marginalization of senior citizens. Their needs, concerns, and contributions are sometimes overlooked or dismissed by their own near and dear ones including their children, leading to feelings of isolation, loneliness, and neglect.
Senior citizens serve as pillars of strength, providing guidance, wisdom, and support to younger generations. Yet, the value they bring to the fabric of society is not always fully recognized or appreciated.
There is no dearth of cases where parents are overwhelmed with feelings of having lost respect and dignity in their lives due to ill-treatment by their own children, leading to loss of will to live or a significant decline in quality of life.
The Maintenance and Welfare of Parents and Senior Citizens Act was, thus, enacted in 2007 to ensure that the golden generation of the country, who are in the twilight years of their lives, are accorded the dignity and respect they deserve.
This Court is hesitant to refer to ‘old age’ which is just years in numbers as the "sunset years" but rather as a new beginning, a new chapter in their lives. They should not be left to navigate from one authority to another in search of justice in case a need so arises. This generation has contributed significantly to society and should never be forgotten or disrespected, especially when they find themselves abandoned by their own children.
Society as a whole and the adjudicating authorities have a duty to uphold the dignity and sustain the hope of senior citizens in their future lives. The tribunals established under the Act serve as a beacon of hope for these valuable members of our society. However, time and time again, this Court and others are faced with cases characterized by delays, negligence, and a lack of sensitivity from the authorities responsible for adjudicating these matters.
This Court reiterates that this generation now labelled ‘elderly’ or ‘senior citizens’ have contributed to the society, who under no circumstances should be allowed to be forgotten, ill treated or their cause be not respected and diligently attended to by the concerned authorities, whenever they find themselves in a situation where their own children have given up on them. The society at large and the adjudicating authorities are duty bound not to give them up or their hope in their future lives.
The tribunals constituted under the Act are one such ray of hope for such elderly assets of this country. Case after case this Court and many other Courts are confronted with cases of delays, latches, insensitivity, indifference of the authorities concerned to adjudicate the matters expeditiously under the Senior Citizens Act, considering the age and agony of this generation.
[Paras 20 to 27]