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| DB issued directions in PIL regarding better care of old age home | | | Early Times Report
Jammu, Nov 26 (JNF): In a Public Interest Litigation filed by Viklang Chattra Trust regarding better care of old age home, Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Masoodi issued various directions to different departments including if the funds are not released till next date of hearing Secretary to Finance department shall personally remain present in person. When the matter was taken-up Division Bench observed that on September 25, 2013 matter concerning Old Age Homes at Amphala-Jammu, Udhampur and Kathua was taken up and keeping in view the compliance report filed by the Chief Secretary, Principal Secretary to government, Finance department and Director, Health Services, Jammu various directions were issued.
The first direction was to the Chief Secretary to ensure establishment of old age homes by the Government beginning with one in each Division of the State for senior citizens who are indigent and the parents who have been neglected/deserted.
Accordingly, such homes were required to be established one at Jammu and the other at Srinagar. The second direction issued by this Court was to explore the possibility of establishing composite home for providing facilities to old aged persons, physically challenged, deaf and dumb and orphans beginning with one in each division of the State.
In the reply filed by the Secretary to Government, Social Welfare Department, it has been stated that after coming into operation of the Senior Citizens Act, two Old Age Homes one at Jammu and the other at Srinagar would be opened at initial stage and later on one such Home in each District in a phased manner is to be established for senior citizens. For establishing composite home, however, the department was still examining the cases in light of availability of land, funds for construction of infrastructure, recurring and non recurring expenditure and recruitment of the supporting staff. The third direction was issued to the Director Health Services, Jammu for constituting a team of doctors including specialized doctors within week's time which was required to visit the existing Old Age Homes at Amphalla, Udhampur and Kathua within a day after its constitution. The team was required to examine every inmate of the Home and furnish the report with their findings in respect of every individual inmate. A copy of the report was also required to be furnished to Director Health Services, Jammu within a day after such visit. In turn, the Director, Health Services was to issue requisite orders for providing necessary medical treatment and medicines to the inmates of the Old Age Homes. In case of requirement of hospitalization of any inmate, as per the advice of the team of doctors, the Director was to ensure that treatment is provided to such inmate in the hospital as suggested by the team of doctors. The status report was required to be filed by the Director Health Services, Jammu.
As a long term measure a direction was issued to the Director, Health Services to ensure that till composite homes are established, medical facilities are provided to the physically challenged persons, deaf and dumb and orphans staying in different homes in both the provinces of the State. Status report in that regard was also required to be filed. In the compliance report filed by Director, Health Services-respondent No.4 it has been stated that a team of doctors was constituted on 12.10.2013 (Annexure-R-1) and the team visited all the three homes, as is evident from the observation report of the team. There are 27 inmates at Kathua and at Udhampur there number is 10.
However, the largest inmates number is at the Old Age Home at Ambphalla, Jammu, which is 50. According to the observations made, in some cases cataract surgery has been recommend and in some other cases physiotherapy is required to be given. Ms. Goswami, State counsel has stated that the date for pre-examination for cataract surgery has been fixed for Jammu and in due course of two weeks the dates would also be fixed for other homes at Kathua and Udhampur. With regard to the directions issued in respect of physically challenged persons like deaf and dumb and orphans staying in different homes in the provinces of Jammu and Kashmir, status report is awaited and the same shall be filed within two weeks.
The 4th direction issued by this Court was to the District Social Welfare Officers, requiring them to visit the Old Age Homes in their respective districts at weekly basis for supervising the management, facilities provided to them and submit weekly report to the Director, Social Welfare. On receipt of the report a duty was cast on the Director, Social Welfare to review the facilities and ensure that the funds are spent for the welfare of the inmates. He was also to report about the hygienic conditions of these homes.
Senior AAG Gagan Basotra Basotra, on the instructions from the Secretary to Government, Social Welfare Department has stated that there are no funds available with the Social Welfare Department and the matter has been sent to the Finance Department for release of funds. The statement of Sr. AAG Basotra is taken on record and we are constrained to observe that the stand taken by the respondent is unpalatable. Mr. M.A.Bhat appearing for the Finance Department undertakes that before the next date of hearing the funds shall be released. If the funds are not released the Secretary to Govt. Finance Department shall personally remain present to explain the default.
The last direction issued by this Court was concerning the proposed legislation titled as "Maintenance and Welfare of Parents and Senior Citizens Act". According to the statement made on the last date of hearing, the Bill was to be brought before the State Cabinet for consideration so that it may be introduced in the State Legislature during the currency of an earlier session. However, according to the status report, it has been stated that after seeking concurrence from the Planning and Development Department, the proposed Bill was vetted by the Law Department. It was then submitted to the General Administration on 18.10.2013 for placing the same before the Cabinet.
However, the General Administration Department returned the proposed Bill on 04.11.2013 with the advice to take up the matter again with the Finance Department on the ground that the Planning and Development Department did not agree to provide funds for recurring expenditure on account of maintenance, care, food etc and the same is still pending with the Finance Department.
Basotra has explained that the Planning and Development Department lacks competence with regard to recurring expenditure. Therefore, it is the Finance Department which is required to approve the recurring expenditure, which is in the domain of the Finance Department. Mr. M.A. Bhat states that it may take two weeks' time for the Finance Department to clear the Bill so as to place it before the State Cabinet.
Division Bench directed counsel to file status report in that regard be filed before the next date of hearing. Division Bench also directed that the directions with regard to the periodical checkup of the inmates would continue and status in that regard be filed before the next date of hearing.
It has been suggested by Suraj Singh, Advocate that some of the schemes initiated by the Central Government as well as by the State Government remain within the confine of the office and are not made known to the general public. In that regard reference may be made to the An Integrated Programme for Older Persons (IPOP) scheme for which wide publicity was required to be given. This scheme is independent of the pending State legislation.
It has been suggested by Suraj Singh that all other schemes of the Social Welfare Department which are either floated by the Central Government or by the State Government may be known by wide publicity in the print as well as electronic media.
Division Bench directed state filed Status report in that regard and directed Registry to list this PIL on December 12, 2013. |
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