Bengaluru: In a significant direction aimed at strengthening the welfare of elderly citizens, the Karnataka High Court has asked both the State and Central governments to frame a comprehensive law for the protection, care and rehabilitation of abandoned and neglected senior citizens.
The proposed legislation, the court said, should be modelled on the provisions of the Juvenile Justice (Care and Protection of Children) Act and provide legal safeguards for vulnerable elderly persons.
Justice Suraj Govindaraj, while hearing a petition concerning the medical emergency of an elderly woman, observed that senior citizens who are abandoned, neglected or subjected to abuse require institutional protection through a dedicated legal framework. The court posted the matter for further hearing on August 10.
The High Court said the proposed legislation should cover elderly persons who are homeless, childless, physically or mentally incapacitated, victims of emotional or financial abuse, or those suffering from chronic illnesses without adequate care or family support.
The court recommended that the law should establish a round-the-clock emergency response mechanism for senior citizens, including a 24×7 toll-free helpline, temporary shelter homes, residential care facilities and rehabilitation services. It further suggested that the framework should guarantee comprehensive healthcare, nursing assistance, mental health support, counselling services and free legal aid for elderly persons in distress.
The observations came during the hearing of a petition involving an elderly woman suffering from gangrene and other serious medical complications. The court was informed that the woman had allegedly been abandoned by her son and daughter, while doctors had discharged her after concluding that further treatment would not improve her condition.
HC underlines need for statutory mechanism
Expressing concern over the increasing number of elderly persons facing neglect and abuse, the High Court underlined the need for a statutory mechanism to ensure timely intervention, protection and dignified care. The court indicated that such a law would help safeguard the rights of senior citizens who are unable to care for themselves and have been left without family support.
The matter will next be taken up on August 10, when the governments are expected to respond to the court’s suggestions on the proposed legislation.
