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Supreme Court of India 2018-12-13 disposed

Ashwani Kumar (Dr.) vs Union of India & Ors

Bench: 2 — Madan B. Lokur

In Brief

A public interest petition sought enforcement of constitutional and statutory rights of elderly persons, specifically adequate pension, shelter, geriatric care, and medical facilities. The Court held that the right to live with dignity under Article 21 encompasses financial means to sustain basic necessities, shelter with adequate amenities, and dedicated healthcare. While acknowledging the State's economic capacity constraints, the Court found that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (enacted by Parliament with full financial awareness) imposes mandatory obligations. A continuing mandamus was issued to ensure progressive realization of elderly rights through status reports, inter-ministerial coordination, effective implementation, and public awareness of statutory provisions. The matter was listed for further proceedings.

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Constitutional Law Fundamental Rights Social Justice Senior Citizens Public Interest Litigation Right to Dignity Right to Shelter Right to Health Geriatric Care

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