J&K Maintenance & Welfare of Parents, Sr Citizens Rules yet to be fully implemented

Setting up of UT Council, District Committees still pending

Mohinder Verma

JAMMU, Jan 29: Framed over two years back, J&K Maintenance and Welfare of Parents and Senior Citizens Rules, 2021 have yet not been fully implemented by the concerned authorities. Moreover, setting up of Union Territory Council and District Committees is still pending and relevant data vis-à-vis crime against senior citizens and maintenance orders passed by the Rules has not been compiled at any level.
In exercise of the powers conferred by Section 32 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Social Welfare Department vide notification dated November 10, 2021 notified J&K Maintenance and Welfare of Parents and Senior Citizens Rules.
After the notification of the Rules, the Social Welfare Department issued directions that Sub-Divisional Magistrate concerned will function as Presiding Officer of the Maintenance Tribunal and he or she may be assisted by Tehsildar within the jurisdiction, Deputy Superintendent of Police within the jurisdiction, two non-official members and any officer from the Social Welfare Department in the concerned district.
However, even more than two years after the notification, the Rules are yet to be fully implemented. Moreover, most of the concerned officers don’t have any information about the number of maintenance orders passed in respect of senior citizens and parents or the incidents of crime against them. EXCELSIOR contacted a number of officers of the Social Welfare Department but everyone fanned ignorance about the implementation status of the Rules.
As per the official sources, neither non-official members of the Maintenance Tribunal as prescribed under the Rules have not been nominated till date nor the Appellate Tribunal constituted for any of the district.
“Not only the Social Welfare Department even Deputy Commissioners are responsible for the implementation of the Rules as they have been entrusted with the responsibility of ensuring that the life and property of senior citizens are protected and they are able to live with security and dignity”, sources said quoting the Rules. Moreover, the Deputy Commissioners are supposed to oversee and monitor the work of Maintenance Tribunals and Maintenance Officers to ensure timely and fair disposal of applications.
“It is also the duty of the Deputy Commissioners to ensure that adequate number of prescribed application forms for maintenance are available in the offices of common contact like Post Offices, SDM Offices, District Offices, PDS Outlets, Police Stations etc”, sources said.
Another important aspect which has not received due attention till date is formulation of action plan for the protection of life and property of senior citizens, they said while disclosing that notwithstanding the explicit directions in the Rules the Police Stations don’t have lists of senior citizens within their respective jurisdictions especially those who are living by themselves (without there being any member in their household who is not a senior citizen) despite the fact that each Police Station is supposed to ensure visit to such senior citizens at regular intervals.
Even Union Territory Council of Senior Citizens has not been constituted although the Council is supposed to advice the Government on effective implementation of the Act and to perform such other functions in relation to senior citizens as the Government may specify.
Similarly, District Committee of Senior Citizens has not been established, which otherwise is to advise in effective and coordinated implementation of the Act and Rules at district level.
It is pertinent to mention here that the main aim of the Maintenance and Welfare of Parents and Senior Citizens Act of 2007 is to assist senior citizens with financial security, welfare and protection. It demands children support their parents, as well as the Government fund old age homes and medical facilities for the senior citizens of the country.