The Uttarakhand High Court has held that the cost of medical expenses of senior citizens in case of emergency is to be borne by the state government.

In a Public Interest Litigation titled as “Senior Citizen Welfare Organisation & another versus State of Uttarakhand & another” bearing Writ Petition (PIL) No. 52 of 2013, the Hon’ble Division Bench of the High Court of Uttarakhand, Nanital Bench while dealing with the petition which was filed for protecting the rights of the senior citizen as per the provisions of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007, the Hon’ble High Court has vide judgment dated 12.06.2018 held that the senior citizens in case of emergency shall be taken to the nearest hospital for treatment and the cost of conveyance shall be borne by the State Government including the medical expenditure as well as of ambulance.

The Hon’ble High Court vide judgment has issued various directions for protecting the rights of the senior citizens which are reproduced hereunder:

“13. Accordingly, in view of the observations/ discussions made above, the present petition is disposed of with the following mandatory directions:

1. The State Government is directed to establish old age home in each district of the State of Uttarakhand within a period of six months. It is made clear that it shall be open to the State Government to hire private accommodation, as a temporary measure.
2. The State Government is directed to make a scheme for management of old age homes within a period of eight weeks from today as per Section 19(2) of the Act.
3. The State Government is directed to ensure to provide sufficient number of beds for senior citizens in each Government hospital or hospitals funded by the State Government.
4. The State Government is further directed to ensure that all the senior citizens in the State of Uttarakhand are provided free treatment including blood test, CT scan, MRI and other tests at Govt. hospitals.
5. The respondent-State shall upgrade the facilities to be provided in old age homes from time to time including the strength of the inhabitants.

2007. The State Government is also directed to give due publicity to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in print media, electronic media including through Panchayati Raj institutions for the awareness of the enactment as per Section 21 of the Act, 2007.The State Government shall provide the facilities to the senior citizens as per the Rules.

1. The State Government shall provide separate accommodation for men and women including sufficient potable water, electric fans, coolers/ AC, separate kitchen, dining room, separate bathroom for disabled senior citizens.
2. The State Government is also directed to provide wheel chair, television, newspaper and books in old age homes.
3. The State Government is also directed to provide ramp railing to the senior citizens including telephone service.
4. The State Government is also directed to provide balanced nutritious food, two sets of clothes for summer and winters, linen, sufficient number of sweepers for maintaining hygiene and cleanliness in old age homes.
5. The senior citizens in case of emergency shall be taken to the nearest hospital for treatment. The cost of conveyance shall be borne by the State Government including the medical expenditure as well as of ambulance.
6. The Circle Officers of the respective area are directed to maintain vigil in and around the old age homes.

20. The State Government is directed to protect the life and property of the senior citizens as provided under Rule 20.

14. The Secretary, Welfare to the State of Uttarakhand shall be personally responsible to implement the orders and monitor the directions issued hereinabove.”

Dr KK Aggarwal

Padma Shri Awardee

Vice President CMAAO

Group Editor-in-Chief IJCP Publications

President Heart Care Foundation of India

Immediate Past National President IMA