DR. ASHWANI KUMAR versus UNION OF INDIA & ORS.

DR. ASHWANI KUMAR versus UNION OF INDIA & ORS.

The Supreme Court recognized that the right to life under Article 21 must be interpreted expansively to include the rights of elderly persons to live with dignity, to shelter, and to health. The statutory rights provided by the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 must be strictly implemented by the Central and State Governments. Directions alone will not fulfill these mandates, therefore a continuing mandamus was issued, and initial directions given to ensure recognition and enforcement of elderly rights.

Parties
Petitioner: Dr. Ashwani Kumar; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
13 December 2018
Procedural Posture
Writ Petition (civil) / Orders and Directions Issued; Matter to Be Listed for Further Proceedings on Receipt of Status Reports
Outcome
Continuing mandamus issued; initial directions issued; matter listed for further proceedings on receipt of status reports.
Legal Topics
Fundamental Rights, Pension Rights, Elderly Welfare, Right to Health, Right to Shelter, Right to Dignity, Implementation of Maintenance and Welfare of Parents and Senior Citizens Act 2007
Constitutional Law Social Welfare Law Fundamental Rights Pension Rights Elderly Welfare Right to Health Right to Shelter Right to Dignity +1 more

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Parties

Dr. Ashwani Kumar

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Orders and Directions Issued; Matter to Be Listed for Further Proceedings on Receipt of Status Reports

Legal Issues

  1. 1 Whether the rights of elderly persons under Article 21 are being adequately enforced by providing pension, shelter, geriatric care and medical facilities
  2. 2 Whether the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is being effectively implemented

Ratio Decidendi

The Supreme Court recognized that the right to life under Article 21 must be interpreted expansively to include the rights of elderly persons to live with dignity, to shelter, and to health. The statutory rights provided by the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 must be strictly implemented by the Central and State Governments. Directions alone will not fulfill these mandates, therefore a continuing mandamus was issued, and initial directions given to ensure recognition and enforcement of elderly rights.

Court Disposition

Continuing mandamus issued; initial directions issued; matter listed for further proceedings on receipt of status reports.

Orders

  • Union of India directed to obtain and file Status Reports from all State Governments and Union Territories regarding number of old age homes in each district.
  • Union of India directed to obtain and file Status Reports on medical facilities and geriatric care available in each district.