Bombay HC Urges Maharashtra State To Expedite Policy For Private Old Age Homes
Bombay HC Urges Maharashtra State To Expedite Policy For Private Old Age Homes
The Maharashtra state government informed the Bombay High Court that it is developing a policy to regulate all private old age homes within the state. This announcement came during a hearing on Thursday before Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar. The hearing was in response to a Public Interest Litigation (PIL) filed by Nilofer Amlani, a Bengaluru resident, who sought state guidelines for the licensing, registration, and management of old age homes across Maharashtra.
Amlani’s petition was driven by her personal experience with her 86-year-old father, who suffered neglect while temporarily residing in a Powai care facility for dementia in July 2019. Following the High Court’s order on November 29, the state submitted an affidavit on February 9, which indicated that the Commissioner of Social Welfare had surveyed old age homes in Maharashtra and prepared a report.
The judges instructed the state to provide an additional affidavit detailing the information gathered from this survey. Amlani’s advocate, Shantanu Shetty, argued that the state’s affidavit did not fully comply with the November 29 order, particularly regarding the establishment of the State Council of Senior Citizens. This council, mandated by the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, serves as an advisory body for implementing the Act.
The state’s advocate, Abhay Patki, stated that the formation of the Council is underway. However, the judges noted that in November, the state claimed it was identifying experts for the council, and the February 9 affidavit reiterated this point. They expressed dissatisfaction, noting the lack of progress.
The court directed that the state’s affidavit must explicitly outline the steps taken to establish the State Council. The judges emphasized that despite the 2007 Act being enforced since 2010, several mandates remain unfulfilled after fourteen years. The state was instructed to disclose the actions taken to ensure compliance with the Act, with the next hearing scheduled for August 29.
