Raj HC directs statewide assessment of old age homes under Senior Citizens Act

Jaipur: The Rajasthan High Court has held that the statutory and constitutional mandate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 requires continuous institutional oversight to ensure that senior citizens are able to live with dignity, care and security. The court observed that the existence of old age homes alone does not fulfil the object of the legislation, and that their functioning must be periodically assessed to ensure availability of basic amenities, medical facilities and welfare support, in line with the constitutional vision under Article 21 and the Directive Principles of State Policy.

The Division Bench comprising Justice Pushpendra Singh Bhati and Justice Sangeeta Sharma traced the constitutional, statutory and international framework governing the rights and welfare of senior citizens. The court referred to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as a beneficial social welfare legislation enacted to ensure maintenance, protection and welfare of elderly persons, including the establishment of old age homes under Section 19 of the Act.

The bench took note of constitutional provisions including Articles 21, 41, 46 and 47, and observed that these provisions collectively form the foundation for policies aimed at ensuring dignity, care and security for senior citizens. The court also referred to international instruments such as the Vienna International Plan of Action on Ageing, the United Nations Principles for Older Persons, and the Madrid International Plan of Action on Ageing, noting that India’s legal framework aligns with these global commitments.

Reliance was placed on the Supreme Court’s decision in Ashwani Kumar vs Union of India, (2019) 2 SCC 636, wherein the apex court emphasised that the object of the 2007 Act is to ensure that senior citizens are able to live a life of dignity, security and basic comfort, and that the statutory mandate relating to old age homes and welfare measures must receive meaningful implementation. The bench also referred to the recent Supreme Court judgment in Urmila Dixit vs Sunil Sharan Dixit, decided on January 2, 2025, which reiterated that the Act of 2007 is rooted in the constitutional vision of social justice and protection of the elderly.

In the present case, the court recorded the submission of the State that 31 old age homes for senior citizens are presently operating across Rajasthan, and a detailed list of such homes was placed on record. The court observed that while the existence of these homes reflects steps taken by the State, it is necessary to obtain a comprehensive understanding of the facilities and welfare measures available therein to further strengthen implementation of the legislative intent.

Accordingly, in the interest of justice, the court directed the Rajasthan State Legal Services Authority to file a detailed report through the respective District Legal Services Authorities regarding each of the old age homes. The report has been directed to specifically indicate whether the buildings housing the old age homes were constructed by the State Government, whether the occupants are senior citizens, whether adequate medical facilities are available, whether any financial aid or assistance is being extended by the Government, and any other issue pertaining to welfare and infrastructure.

The matter has been directed to be listed after eight weeks.

Case Title
Lok Utthan Sansthan vs State of Rajasthan

Case Number
D.B. Civil Writ Petition No. 18092/2023

Court
High Court of Judicature for Rajasthan, Jaipur Bench

Bench
Justice Pushpendra Singh Bhati
Justice Sangeeta Sharma

Date of Order
January 29, 2026

Advocates
For the petitioner: Mr. Rajendra Soni with Mr. Nitin Soni
For the respondent (State): Mr. Kapil Prakash Mathur, Additional Advocate General, with Mr. Sourabh Sharma