SHC orders government to establish old-age homes in each district of Sindh

The Sindh High Court (SHC) has directed the provincial government to establish and maintain old-age homes at accessible places, beginning with at least one in each district, to accommodate indigent senior citizens.

The directive came during a hearing of a petition seeking effective enforcement and implementation of the Sindh Senior Citizens Welfare Act, 2014.

The petitioner, non-governmental organisation Darul Sakun, submitted that the Sindh Senior Citizens Welfare Act, 2014, notified on June 28, 2016, was to give rise to stipulations for the welfare and contentment of senior citizens by providing them benefaction and patronage so that their living conditions could be improved with respect, better quality of life and participation in society.

The NGO also sought the issuance of an order to the provincial government for the establishment of a senior citizens welfare fund under Section 12 of the 2014 act.

A division bench headed by Justice Mohammad Ali Mazhar observed that Section 8 of the act was significant and commanded that the government should establish and maintain old-age homes at accessible places beginning with at least one in each district to accommodate indigent senior citizens in such homes.

It observed that ageing is a natural process and brings many challenges to the lives of elderly people. It further observed that senior citizens represent a valuable compendium of experiences and deep insights and can make meaningful contribution to the nation, and, according to the injunctions of Islam, children are obligated and duty-bound to maintain their aged parents and the area under discussion is a very sensitive segment of society which requires utmost care and attention. The court observed that at times, children after they have been brought up, tend to avoid maintaining their aged parents and in the worst situation the parents are left at the mercy of shelter homes to live there for the rest of their lives, and this cruelest, harsh and unkind treatment is not only disgraceful and dreadful to such helpless aged parents but it is also grave contravention of the injunctions and teachings of Islam.

It was informed by the director of the social welfare department that the department was establishing a shelter home in New Karachi with 80 beds and for this scheme Rs75 million had been approved. The project will be completed within three months.

The court observed that only one shelter cannot be sufficient to cater to the dire need; rather, at least one should be established in each district to accommodate indigent senior citizens.

It further observed that although the Sindh government made legislation in order to alleviate and ventilate the sufferings of senior citizens of the province, at the same time merely establishing a council or making legislation was not enough without its proper enforcement and implementation.

It said provisions are most beneficial and meaningful in the larger interest of senior citizens, but at the same time it is also a ground reality that the law was made in 2014 and notified in the year 2016, but despite the lapse of a considerable period, its proper implementation is in limbo. For instance, it said, only a council has been constituted with a number of members and one chairperson, but still they are not taking any swift action.

The court further remarked that implementation of the law was the key role of the government, which was essentially the backbone of good governance, which was not possible unless and until the government was committed to creating an equilibrium and evenness founded in justice and peace to shield the human rights.

It directed the chairperson of the council to move a summary to the provincial government for requisite allocation of funds for establishing a senior citizens welfare fund within 15 days that will be placed before the provincial cabinet in the next meeting for consideration and approval.

The court directed the citizen welfare council to arrange different workshops for awareness of the senior citizens of Sindh and about the law made for their benefit, and in this regard it should also proliferate and release general public awareness messages through print and electronic media.

The bench told the council to constitute by themselves a complaint redressal committee and notify the committee members’ names through public messages. In case of any complaint by a senior citizen, they may approach that redressal committee for ventilation of their grievances and in case of any such complaint the committee will forward their recommendations to the council and the council will take up the complaint and resolve it to ensure effective implementation of the law, it further said.

The high court observed that senior citizens are to be issued Azadi cards under Section 5(2)(b) of the act for providing essential services and benefits. The court directed the chief secretary to take up the matter with regard to the Azadi card with Nadra as apparently there is no logic and rationale to reject such a request made by the council for providing such data in the larger public interest.

The court directed that the chief secretary convene a meeting with the director general of Nadra, Sindh, for making necessary provisions so that the requisite data may be supplied to the council for issuing Azadi cards to the senior citizens. It observed that this meeting will be convened by the CS within 15 days for resolving the issue and the process of issuing Azadi cards will start within one month in accordance with Section 5(2)(b) of the Sindh Senior Citizens Welfare Act, 2014.

The SHC directed the government to prescribe a comprehensive action plan for providing protection of the life and property of senior citizens as provided under Section 10 of the act, and said it may confer powers to the deputy commissioners as may be necessary to ensure that the provisions of the act are carried out in their territorial jurisdiction.

It told the council to religiously and diligently perform all functions for the implementation of various provisions of the act for the betterment and wellbeing of senior citizens. It said the first progress report will be submitted to this court within 60 days. It told the Sindh government to notify the rules within 45 days in accordance with Section 19 of the act.