kaaranam-ketkadey: Fwd: Bombay High Court takes suo motu on News by Silver Inning Foundation for Senior Citizens Maintenance Act

Saturday, December 25, 2010

Fwd: Bombay High Court takes suo motu on News by Silver Inning Foundation for Senior Citizens Maintenance Act

Here is a message from Sailesh of Silver Innings stating how the Bombay High Court has taken suo moto case of this elder abuse by the state government. AP is also lagging behind as the government has not released the Rules under MWSCA 2007 nor announced the formation of tribunals. In some districts in AP (like W Godavari, Nizamabad etc) the concerned collectors have shown empathy towards senior citizens and have accepted appeals under this act. Many awards have also been made. But elders in other districts are languishing governmental neglect. Now Read on ... Vyasamoorthy

==================

It's good that Honorable Bombay High Court had taken suo motu of the news story filed by Silver Inning Foundation on 13^th June 2010 with Maharashtra Times, Maharashtra largest selling Marathi newspaper . The story was regarding long wait for Senior Citizens for implementation of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. In this news we narrated the story of 80-year-old man, who was suffering from Alzheimer, was allegedly cheated by one of his sons over property worth Rs 1 crore. We tried to help the family by taking legal action but due to non implementation of said act the case was taken as normal legal matter and in two years the 80 year old victim died without justice. Had state government implemented the law there could have been speedy justice. The Bombay High Court took the note of The Front page news and converted it into public interest litigation. In this news we had warned government of nationwide protest by senior citizens on 16^th august 2010.

This is big victor for Senior Citizens and Silver Inning Foundation. Hope now that the state will act faster to deliver justice to Senior Citizens and Parents who are being abused by their children's and relative. But its still long way to go.

In June 2010 the State Govt. had framed the Rules and Tribunals have been constituted on 28^th Sep 2010 (as informed by govt. to high court). But the state government had not informed the Formation of Tribunals to Senior Citizens, Organization/NGO working with Senior Citizens nor The Joint Action Committee formed on 16^th August National Protest Day by all the NGO's. It's surprising to see continuous neglect and ignoring NGO's and organization.

It's also to be seen how the Tribunals are been formed, who are the members, and implantation of the Act as whole.

We had demanded that Senior Citizens NGO's/Organization and Joint Action Committee members be part of such Tribunals and State and District Council.The NGOS' has to be taken in confidence before Framing, planning and implementation of any act /schemes for benefit of Senior Citizens.

Following is the News covered by various News paper (Hindustan Times; DNA; The Times of India ) in Mumbai on 24^th and 25^th Dec 2010:

Give publicity to senior citizens' tribunals: Mumbai High Court to Maharashtra state

The state government has been directed to give wide publicity to the special Tribunals and appellate Tribunals, which have been set up under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. A division bench of chief justice Mohit Shah and justice SJ Kathawalla of the Bombay High Court directed the government to give wide publicity while hearing a public interest litigation.

The court had taken suo moto (on its own) cognisance of a news article in a Marathi daily on June 13^th 2010, which said that an 80-year-old man, who was suffering from Alzheimer, was allegedly cheated by one of his sons over property worth Rs 1 crore. The news article also said the senior citizen would have benefited had the government implemented the provisions of the said Act.

Additional government pleader, Jyoti Pawar submitted an affidavit filed by JN Rathod, deputy secretary, social justice and special assistance department, in pursuant to an earlier high court directive.

The affidavit stated: "The Social Justice and Special Assistance Department is implementing the provisions of the said Act with the help of the Brihanmumbai Municipal Corporation and civic bodies across the state."

The affidavit further stated that the tribunals and appellate tribunals have been constituted under the said Act on September 28, 2010.

The affidavit added: "The government has constituted a tribunal for each sub division of every district in the state and appointed the concerned sub divisional officers as the presiding officers in the tribunals. Also, appellate tribunals in each districts have been constituted and the concerned district magistrates have been appointed as the presiding officers for the said appellate tribunals."

The Centre had enacted the Act in Dec 2007.

Hindustan Times:

http://www.hindustantimes.com/Give-publicity-to-senior-citizens-tribunals-HC-to-state/Article1-642569.aspx

DNA:

http://www.dnaindia.com/mumbai/report_publicise-maintenance-tribunals-bombay-high-court_1485405

The Times of India: http://lite.epaper.timesofindia.com/mobile.aspx?article=yes&pageid=5&edlabel=TOIM&mydateHid=24-12-2010&pubname=&edname=&articleid=Ar00507&format=&publabel=TOI