ORDER : SANGEETA SHARMA, J. 1. Indian civilization has, since time immemorial, accorded a position of reverence to the elderly. The concept of “ Matru Devo Bhava, Pitru Devo Bhava ” from the Taittiriya Upanishad reflects a foundational value that shaped the social fabric of the country. The elderly have always been regarded as repositories of wisdom, experience and guidance, and the family structure in India traditionally evolved around respect, care and emotional security for its senior members. 2. The joint family system ensured that ageing was accompanied by dignity, belonging and social support, making care for senior citizens a matter of natural duty rather than legal enforcement. 3. With the passage of time and changing socio-economic patterns such as urbanization, migration and nuclear family structures, the traditional support mechanisms have undergone transformation. In this evolving social context, institutional and legal support systems assume greater importance in ensuring that senior citizens continue to live with dignity, care and security. 4. The commitment of the Constitution of India towards the welfare of all sections of society finds its expression at the very outset in the Preamble, which resolves to secure to all citizens justice - social, economic and political and to promote the dignity of the individual. The concern for senior citizens is inherently embedded within this constitutional vision of social justice and human dignity. 4.1. Article 21 of the Constitution, as expansively interpreted, guarantees not merely the right to life but the right to live with dignity. The Directive Principles of State Policy further reinforce this constitutional philosophy. Article 41 guides the State to make effective provisions for public assistance in cases of old age; Article 46 obligates protection of the weaker sections of society; and Article 47 emphasizes improvement of public health. 4.2. These provisions, read together, provide the constitutional foundation for policies and measures aimed at ensuring care, security and dignity for senior citizens. 5. The global community has long acknowledged the importance of safeguarding the rights and well-being of older persons. The Vienna International Plan of Action on Ageing (1982) was among the earliest international efforts to draw attention to the social, economic and health concerns of the elderly. This was followed by the United Nations Principles for Older Persons (1991), which emphasize independence, participation, care, self-fulfilment and dignity of senior citizens.
The Vienna International Plan of Action on Ageing (1982) was among the earliest international efforts to draw attention to the social, economic and health concerns of the elderly. This was followed by the United Nations Principles for Older Persons (1991), which emphasize independence, participation, care, self-fulfilment and dignity of senior citizens. The Madrid International Plan of Action on Ageing (2002) further encouraged nations to integrate ageing concerns into mainstream social and developmental policies. 5.1. More recently, the United Nations Decade of Healthy Ageing (2021–2030) has renewed global focus on creating age-friendly environments, improving access to healthcare and ensuring dignified living for the elderly. India’s domestic legal and policy framework reflects alignment with these internationally recognized principles and commitments. 6. In furtherance of these constitutional and international commitments, Parliament enacted the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Act is a beneficial legislation intended to ensure maintenance, protection and welfare of senior citizens, including the establishment and maintenance of old age homes with adequate facilities. Section 19 of the Act specifically envisages the establishment of old age homes in every district for indigent senior citizens. 7. The importance of ensuring effective implementation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 came to be emphasized by the Hon’ble Supreme Court in Ashwani Kumar v. Union of India , (2019) 2 SCC 636 . The Hon’ble Apex Court observed that the object of the Act is to ensure that senior citizens are able to live a life of dignity, security and basic comfort, and that the statutory mandate relating to establishment and maintenance of old age homes, medical facilities and welfare measures must receive meaningful implementation. 7.1. The Hon’ble Supreme Court underscored the necessity of periodic monitoring of old age homes and directed the States to remain vigilant in ensuring that adequate infrastructure, medical care and basic amenities are available to the residents. The observations made therein highlight that the welfare of senior citizens is not merely a matter of policy, but a continuing constitutional concern requiring coordinated institutional effort. 7.2. The principles enunciated by the Hon’ble Apex Court thus provide valuable guidance while considering the present matter. 8.
The observations made therein highlight that the welfare of senior citizens is not merely a matter of policy, but a continuing constitutional concern requiring coordinated institutional effort. 7.2. The principles enunciated by the Hon’ble Apex Court thus provide valuable guidance while considering the present matter. 8. The Hon’ble Apex Court has very recently revisited and consolidated the jurisprudence surrounding the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in Urmila Dixit v. Sunil Sharan Dixit ( Arising out of Special Leave Petition (Civil) No. 720 of 2023 , decided on 02.01.2025). While dealing with the scope of Section 23 of the Act, the Hon’ble Court undertook an extensive survey of earlier precedents including Ashwani Kumar (supra), S. Vanitha v. Deputy Commissioner, Bengaluru Urban District (2021) 15 SCC 730, Vijaya Manohar Arbat v. Kashirao Rajaram Sawai (1987) 2 SCC 278 , Badshah v. Urmila Badshah Godse (2014) 1 SCC 188 , and Rajnesh v. Neha (2021) 2 SCC 324 and reiterated that the legislation is rooted in the constitutional vision of dignity, social justice and protection of the elderly. The discussion therein places the Act of 2007 within the broader framework of Article 21 of the Constitution and the Directive Principles, recognizing the welfare of senior citizens as a matter of continuing constitutional concern. 8.1. The Hon’ble Supreme Court emphasized that the Act of 2007 is a piece of beneficial social welfare legislation which must receive a purposive and liberal interpretation. It was observed that a narrow or technical approach in interpreting the provisions of the Act would defeat its object, and that the statutory remedies contemplated therein are intended to be effective, simple and meaningful for senior citizens who often find themselves in vulnerable circumstances. The Court highlighted that the authorities entrusted with the implementation of the Act are required to act in a manner that furthers the welfare objective of the legislation and ensures that senior citizens are able to live with dignity, security and basic comfort. 8.2. Significantly, the Hon’ble Apex Court also underscored that the statutory framework under the Act is not to remain confined to formal existence, but must translate into real and practical protection for elderly persons. The observations made therein provide valuable guidance on how the welfare architecture envisaged under the Act of 2007 is to function at the ground level through coordinated institutional effort and periodic supervision.
The observations made therein provide valuable guidance on how the welfare architecture envisaged under the Act of 2007 is to function at the ground level through coordinated institutional effort and periodic supervision. The principles enunciated in the aforesaid judgment thus illuminate the manner in which the mandate of the Act is to be meaningfully realized. 9. India is presently undergoing a significant demographic transition marked by a steady rise in its elderly population. Recent demographic assessments indicate that the proportion of senior citizens (60 years and above) in the country, which stood at approximately 10.5% in 2022, is projected to rise to 20.8% by the year 2050. It is further projected that by 2046, the elderly population in India will outnumber children in the age group of 0– 14 years. This demographic shift is primarily attributable to increased life expectancy and declining fertility rates, resulting in an ageing population that requires structured social and institutional support systems. 9.1. The ageing index, which measures the number of elderly persons per 100 children below the age of 15 years, was recorded at 39 in India in 2021, reflecting a marked shift in the population structure. Additionally, the old-age dependency ratio indicates that in 2021 there were 16 elderly persons per 100 working-age individuals, with certain regions of the country showing even higher figures. Such trends highlight that a progressively larger segment of the population is entering an age bracket that may require assistance in terms of healthcare, shelter, and social security, thereby underscoring the importance of dedicated facilities and welfare measures for senior citizens. 9.2. Further, the average life expectancy at the age of 60 years in India is 18.3 additional years, with women living longer than men. At the same time, studies indicate that nearly 30% of elderly women and 28% of elderly men suffer from at least one chronic medical condition such as hypertension, diabetes or arthritis, which affects their ability to live independently. A significant proportion of the elderly population resides in rural areas where access to medical and support infrastructure is comparatively limited. These factors collectively emphasize that old age homes and similar institutional arrangements, as envisaged under the Act of 2007, serve an important role in providing medical support, shelter and dignified living conditions to senior citizens who may not have adequate family or economic support. 10.
These factors collectively emphasize that old age homes and similar institutional arrangements, as envisaged under the Act of 2007, serve an important role in providing medical support, shelter and dignified living conditions to senior citizens who may not have adequate family or economic support. 10. The establishment of old age homes, as envisaged under Section 19 of the Act of 2007, is therefore a significant step towards fulfilling the statutory and constitutional mandate. However, the true objective of such homes is realized not merely by their existence, but by ensuring that they are adequately equipped with basic amenities, medical facilities and welfare support for the residents. 10.1.Proper functioning of these homes ensures that senior citizens residing therein are able to live in conditions of safety, dignity and care, in consonance with the spirit of the Act and the constitutional values discussed hereinabove. Periodic assessment of such facilities, therefore, becomes a constructive exercise aimed at strengthening the welfare framework for the elderly. 11. In the present case, learned counsel appearing for the respondent(s) has apprised this Court that for senior citizens, 31 homes are presently operating in the State of Rajasthan, and a list thereof has been furnished. For ready reference and clarity, the said list is reproduced hereinbelow: 11.1.The existence of such homes reflects the steps undertaken by the State towards providing institutional support to elderly persons in need. At the same time, in view of the constitutional mandate, the statutory framework under the Act of 2007, and the principles enunciated by the Hon’ble Apex Court, it becomes appropriate for this Court to have a comprehensive understanding of the facilities and welfare measures available in these homes, so as to further strengthen the implementation of the legislative intent. 11.2.Consequently. the Legal Services Authorities, functioning at the State and District levels, are well placed to undertake such an exercise through their established outreach mechanisms and field presence. 12. In the interest of justice, it is directed that the Rajasthan State Legal Services Authority shall file its report by 15.02.2026, regarding each of the aforesaid homes through their respective District Legal Services Authorities. The report shall specifically contain the following particulars for each old-age home: i. Whether the building housing the old-age home has been constructed by the State Government. ii. Whether the occupants residing therein are elderly persons / senior citizens. iii. Whether adequate medical facilities are available to the residents.
The report shall specifically contain the following particulars for each old-age home: i. Whether the building housing the old-age home has been constructed by the State Government. ii. Whether the occupants residing therein are elderly persons / senior citizens. iii. Whether adequate medical facilities are available to the residents. iv. Whether any financial aid, grant, or assistance is being extended by the Government. v. Any other issue, which pertains to welfare and infrastructure of the old age home. 13. List the matter eight weeks.