Madras High Court Order Protects the Dignity of Retirees

Moneylife Digital Team 28 November 2017

Public Interest

On 5th November, the Madras High Court took suo moto cognisance of a letter written by a senior citizen and, treating it as a PIL (public interest litigation), ordered the Tamil Nadu government to, periodically, inspect all old-age homes in the state and ensure compliance of rules in accordance with the law. A status report is to be submitted in two weeks. The Court order asked the government to ensure that senior citizens residing in such homes are not denied basic amenities of a life of dignity.

The order is a big step forward in the fight for their rights by elders residing in the retirement townships of Coimbatore. Moneylife readers may recall our detailed coverage (Cover Story, 9-22 June 2017) of the victorious legal battle S Krishnamurthy, an 80-year old, in the Madras High Court (Writ Petition Number 22967 of 2015) in 2015. He had asked the Court to direct the Tamil Nadu government to set up a specific regulatory authority for senior citizens’ homes in the state. Although S Krishnamurthy won the court battle, the war to have the order implemented carries on.

This time, the bench comprising Chief Justice Indira Banerjee and Justice M Sundar took suo moto action on a letter written by Sangameswaran Krishnan, resident of Dhyanaprashta Foundation, another retirement home in Coimbatore that had failed to deliver on the promises made to his family, including nutritious food and medical care. He has paid an interest-free security deposit of Rs13 lakh for a 20-year lease deal. While the action by the Madras High Court is an important step forward, one needs a mechanism to ensure that elders do not have to approach the courts every time for redress. Moreover, retirement homes have sprung up across the country on the promise of allowing affluent or middle-class elders a serene, hassle-free retirement. The relatively nascent business (barring some shining exceptions) is high on promises but not bound by any regulation to deliver on them, over the long term. The need of the hour is a set of regulations issued by the Central government. Moneylife Foundation, which had conducted the first ever study of retirement homes in India, took up the issue with Hardeep Singh Puri, minister of state for housing and urban development. Mr Puri has agreed to have the issue examined and was very positive about the need for appropriate regulations to protect middle-class Indians who pay for such homes in the expectation of hassle-free silver years.

Comments

User

Soundararajan Ethirajan

9 years ago

Many congratulations for well researched article on the subject. As the author succinctly puts it, there exists a latent demand for Senior Citizens Homes in the country. Unfortunately and as usual in our country, the promoters and service providers have grabbed this opportunity to mislead and make quick money from the haples senior citizens. Be it a leased or ownership model, the seniors are at the mercy of the promoters. Poor service, arrogant attitude, retaining ownership of common and basic facilities have the seniors wonder whether their decision they made was correct. Itâ€™s sad that several seniors who had held important positions in government, corporate and other sectors find themselves at the mercy of these promoters. And the most unfortunate part is these seniors are mortally afraid raising their voice and they are under constant fear. The government should enact a law to protect the seniors from the clutches of these unscrupulous elements.

N.Hanumanta Rao

Replied to Soundararajan Ethirajan comment 9 years ago

I fully agree with views expressed by Mr Ethiraj an.

Indu Priyadarsini

9 years ago

It is very disturbing to note the troubles senior citizens are being metted out with. It is deeper than what it looks. The outside world thinks that these are great humanitarian ventures. But they are commercial ventures no holes barred. Lot of perks are sought by the promoters in the name of senior citizens. It is a beautiful model which is built on senior citizens money, maintained on senior citizen money, and finally most of the properties may be bequeathed/sold at throw away price to the same promoters by the children who have outsourced their parents to these homes. Lovely model where investment is nil, all name and fame to the promoters under Czar regimes. There is no oversight. No ombudsman. Pathetic processes and inordinate delays in rendering justice and bringing crooks to books.

Mrs Rama Srinivasan

Replied to Indu Priyadarsini comment 9 years ago

So well said, when even their own dont care, why would others do? Good samaritans in a sector notorious for 420 activities, well what to say?

Peruvemba Subramanian Ramachandran

Replied to Indu Priyadarsini comment 9 years ago

As one of my Sr. Citizen friend, who is the pioneer in this fight against the pioneer in this field in Coimbatore, all this is a Ponzy scheme and in the Society they want to shine as a great philanthropists and put ups often paid news. All Trustless Trusts.

Mrs Rama Srinivasan

Replied to Peruvemba Subramanian Ramachandran comment 9 years ago

Oh! now I understand the spate in TV programmes on these 'Homes' a few years ago.

Ramesh I

9 years ago

The cases mentioned in the article are both shocking and depressing. In welfare States like the scandinavian countries, senior citizens are taken care of so well, including their healthcare, that it justifies the high tax rates in these countries. India too taxes high income individuals but provides poor facilities for its elderly, with common citizens struggling with basic infrastructure like access to food, drinking water, and affordable housing. About healthcare and education, the less said the better. Though India has gradually moved on from the Nehruvian democratic socialism, it still has a long way to go when it comes to providing basic amenities to the underprivileged and the elderly citizens. The Govt shouldn't 'outsource' its responsibilities to the social sector NGOs, who often fill the gap, but by seeking donations from citizens who already pay taxes to the Govt, which ostensibly includes cost of welfare measures to the needy.

Peruvemba Subramanian Ramachandran

Replied to Ramesh I comment 9 years ago

Those few who took up the injustice are harassed by cutting of power, other services, etc. why, even ''veiled threat to life'' even; false police complaints; Courts have not come to the rescue.

Mrs Rama Srinivasan

Replied to Ramesh I comment 9 years ago

Agree with you totally. You echo my thoughts. Governments seem to remember retirees, especially those without even Government pensions, only when they need to increase tax revenue.

Peruvemba Subramanian Ramachandran

9 years ago

Though the Hon'ble Chief Justice suo moto took note of another letter from Sri Sangameswaran Krishnan and converted it into PIL, nothing seems to have improved the matter. In spite of the orders of the MHC, the DSWO did not inspect the particular home, but in connivance with the promoters, have coerced most of the residents of that particular Home to give a 'HappyHappy - No problem" letter, to submit it to the Madras High Court. In two other Sr. Citizen Homes in Coimbatore, the promoters have brazenly stopped the food and other services to Assn Members, forcing the Sr.Citizens to approach the courts with no relief in site. In our case also, they have stopped some services to the Office Bearers, and in spite of court injunctions to resume it in 3 days and in spite of Disobedience Petition filed in the District Court two months back, no relief is in site for us. The officials of the Govt are as usual in connivance with the Promoters.

Mrs Rama Srinivasan

Replied to Peruvemba Subramanian Ramachandran comment 9 years ago

This is really sad Sir, so many people spoke so highly about Coimbatore retirement homes, some years ago, & almost coerced us into taking a unit there, especially considering the good medical facilities available in the city. Now, though I still need to move into one, I am relieved I did not choose Coimbatore

Peruvemba Subramanian Ramachandran

Replied to Mrs Rama Srinivasan comment 9 years ago

It is not whether it is Coimbatore or elsewhere. The promoters all work in the same template with the same mindset.

Mrs Rama Srinivasan

Replied to Peruvemba Subramanian Ramachandran comment 9 years ago

Hmm... yes, when they have sensed this to be a new profit making venture in a depressed real estate market.

Mrs Rama Srinivasan

9 years ago

I appreciate thsi whole-heartedly. Being a Sr Citizen myself, wihtout the confort of the Family our earlier generations had, I spend sleepless nights wondering which Old age home will really take care of me, when I need the care. I wish these facilities were graded & candid reports submitted about them. Tall order by an old lady??
I appreciate Moneylife for taking this up & working on it. Thank You!

DEVANG NAIK

9 years ago

I appreciate coverage of socially important issues and efforts of moneylife foundation.. Keep up the good work.