DR. ASHWANI KUMAR versus UNION OF INDIA & ORS.

Citation: [2018] 13 S.C.R. 1286 · Decided: 13-12-2018 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Directions issued

Cited by 1 judgment(s) · cites 8 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
1286
SUPREME COURT REPORTS
[2018] 13  S.C.R.
DR. ASHWANI KUMAR
v.
UNION OF INDIA & ORS.
(Writ Petition (C) No. 193 of 2016)
DECEMBER 13, 2018
[MADAN B. LOKUR AND DEEPAK GUPTA, JJ.]
Social Justice:
Rights of elderly persons – Writ petition u/Art. 32 of
Constitution – Seeking enforcement of rights of elderly persons u/
Art. 21 by providing them adequate pension, shelter, geriatric care
and medical facilities and also sought effective implementation of
the Maintenance and Welfare of Parents and Senior Citizens Act,
2007 – Held: Right to life provided u/Art. 21 encompasses several
rights – The right to live with dignity, right to shelter and right to
health are basic and fundamental – The State is obliged to ensure
that these fundamental rights are not only protected, but are enforced
and made available to all the citizens – Central Government and
State Governments have started certain schemes towards meeting
the rights of elderly persons u/Art. 21, but there is a lot that is required
to be achieved – However, a set of directions issued by this Court
will not fulfill the constitutional mandate or the mandate of the Act
– The only available solution is a continuing mandamus to ensure
that the rights of the people are respected, recognized and enforced
and that social justice as postulated by the preamble in the
Constitution is given meaning and teeth – Initial directions issued
so that effective contributions are made to recognize and enforce
rights of elderly persons – Constitution of India – Arts. 21, 39 and
41 – Maintenance and Welfare of Parents and Senior Citizens Act,
2007 – ss. 30 and 31.
Issuing directions, the Court
HELD : 1.1 The conceptualisation of justice by Constitution
framers was as much valid in 1949 (when the Constituent
Assembly debates took place) as it is today. But, with times having
changed, varied situations have emerged which may not have
existed in 1949 and were perhaps not foreseen at that time. The
rights of elderly persons is one such emerging situation that was
perhaps not fully foreseen by the Constitution framers. Therefore,
[2018] 13  S.C.R. 1286
1286
A
B
C
D
E
F
G
H
1287
while there is a reference to the health and strength of workers,
men and women, and the tender age of children in Article 39 of
the Constitution and to public assistance in cases of
unemployment, old age, sickness and disablement and in other
cases of undeserved want in Article 41 of the Constitution, there
is no specific reference to the health of the elderly or to their
shelter in times of want and indeed to their dignity and sustenance
due to their age. [Paras 2 and 3][1294-B-C; 1295-A-B]
1.2 The right to life provided for in Article 21 of the
Constitution must be given an expansive meaning. The right to
life, encompasses several rights but for the time being  the Court
is concerned with three important constitutional rights, each one
of them being basic and fundamental.  These rights are the right
to live with dignity, the right to shelter and the right to health.
The State is obligated to ensure that these fundamental rights
are not only protected but are enforced and made available to all
citizens.[Para 44][1308-D-E]
2.1 The right to live with dignity is, in effect, a part of the
right to life as postulated in Article 21 of the Constitution. Such a
right would be rendered meaningless if an aged person does not
have the financial means to take care of his basic necessities and
has to depend for it on others. [Para 16][1298-F-G]
2.2 National Social Assistance Programme (NSAP) was
introduced on Independence Day, 1995 as a fully funded Centrally
Sponsored Scheme. In the introduction to the Programme
document, it is noted that the Directive Principles of State Policy
of the Constitution enjoin upon the State to undertake within its
means a number of welfare measures, targeting the poor and the
destitute in particular. Article 41 of the Constitution directs the
State to provide public assistance to its citizens in the case of
unemployment, old age, sickness and disablement as well as in
other cases of undeserved want, within the limit of the State’s
economic capacity and development. Among the initial three
components of the Programme are the National Old Age Pension
Scheme which subsequently came to be known as the Indira
Gandhi National Old-Age Pension Scheme. Both the Government
of India and the State Governments and the Union Territory
DR. ASHWANI KUMAR v. UNION OF INDIA & ORS.
A
B
C
D
E
F
G
H
1288
SU

Excerpt shown. Read the full judgment & AI analysis in Lexace.