You don't listen to court, at least listen to Parliament: Bombay HC to Maharashtra government

Bombay High Court. File Pic

"You don't listen to the court, at least listen to Parliament," the Bombay High Court on Wednesday told the Maharashtra government while reprimanding it for not fully implementing provisions of a central law on the welfare of parents and senior citizens.

A division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor noted that the state government was yet to appoint members to the council to be set up under the rules framed in accordance with the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

"Aap court ki baat maante nahi, kam se kam Parliament (statute) ki baat toh suno ("You don't listen to the court, at least listen to Parliament)!" CJ Upadhyaya quipped.

The 16-year-old legislation on the welfare of parents and senior citizens, initiated by Union Ministry of Social Justice and Empowerment, was enacted by Parliament.

The court directed the government to give details regarding state council, district committees/district co-ordination-cum monitoring committees on implementation of the Act.

The bench also asked the state government to file an affidavit giving details of steps taken to implement various provisions of the legislation.

The HC was hearing a public interest litigation (PIL) filed by one Nilofer Armani, seeking framing of detailed guidelines for licensing, registration and management of old age homes across the state.

The PIL also sought effective implementation of 2010 Rules notified by the state Department of Social Justice and Special Assistance for taking care and protection of senior citizens.

As per the Rules, State Council and District Committees would advise the government on effective implementation of the Act and to perform such other functions as it may notify.

In June this year, the HC had asked the state government to file an affidavit detailing steps taken to ensure compliances with the legislation. The state government, in the affidavit, claimed it had taken various steps to constitute state council and district committees for welfare of elderly persons.

The bench, however, noted state council and district committees were still not functioning.

It later posted the matter for further hearing on January 9.

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