Cooperation and caring works!

It can hardly be disputed that today elders constitute one of the most vulnerable sections of society. Their physical safety is not ensured while simultaneously they are subjected to mental, emotional, economic abuse. Health care has become almost unaffordable, while protecting their property against illegal claims, encroachments has become difficult. Loss of economic independence, ineffective legal remedies to recover investments, absence of a statutory authority to ensure redressal of grievances are only some of the critical areas of concern.
Consequent upon notification of the National & State Policy on Older Persons, Nightingale Medical Trust (NMT) organised a consultation of over 25 senior citizens welfare groups in Bangalore to identify methods of converting the State Policy into reality. The “Elders Forward Team” that was formed, resolved that an exclusive legislation for elders would be the long-term goal while short term relief measures could simultaneously be attempted.
The first draft of the Bill was circulated to all members of the Elders Forward Team. Their responses and suggestions were considered, and a final draft was released at a Public function on 1.4.2005. The draft bill was released by Sri MN Venkatachaliah, Former Chief Justice of India.
The focus of the current central legislation on senior citizens seems to be maintenance for elders. It does not represent a proactive approach. Its basic emphasis is on rights that are to be enforced by taking recourse to legal proceedings before a Tribunal. It is therefore founded on a platform of confrontation.
The Bill drafted by us looks at a softer participative approach keeping in mind the sensitivity of issues related to family matters. Our Bill recognises that enumeration of all rights of an elder will render the legislation unworkable. Hence it provides for formulation of Schemes on a need based criteria to make provisions for securing the welfare of elders. It also does not burden the State with financial liability but suggests employment of community resources for common good. In that sense it is based on a SELF HELP GROUP concept where the beneficiary and the service provider work in tandem.
Here are some of the concepts that have influenced formulation of the Bill we drafted:
(a) that, in the present context relying completely upon the State to protect and care for elders is not viable and hence Self-Help Groups and community based programmes are essential;
(b) that the Government having recognized the crucial role of NGOs in social justice delivery systems has notified a Policy for actively participating with NGOs;
(c) that Private Public Partnerships should be supported with clearly defined roles for each;
(d) that in view of inordinate delays in the justice delivery system dispute redressal mechanisms must be established, including facilities for conciliation, counseling, mediation and arbitration;
(e) that in view of the State already being overburdened financially, reliance upon State finances should be minimized and the community should raise required finances for elders welfare.
It must be noted that the State is not required to and has not assumed any responsibility for Elders as a separate group. It continues to treat them as any other citizen with a few concessions thrown in here and there. The basic issues of care and protection as applicable to Senior Citizens have not been addressed.
The Bill as drafted by us attempts to share the responsibility of elders’ welfare between the State and the Community. It intends to activate the State into looking at Elders as a vulnerable segment of Society, work with the Community in securing their welfare and simultaneously exercise limited controls over NGO's whenever necessary and to the extent required. The Bill only defines state responsibility, gives it a more viable and workable form and content rather than adopting a confrontationist approach. It is based on a platform of partnership between the State and Community.

Salient provisions of the Bill

1. Establishing a special data bank to collect, collate, and furnish data relating to skill sets of elders who are willing to be employed; to employees who are willing to utilise such skills either on a payment or voluntary basis.
2. Establishment of State Coordination Committee (Policy making body) and State Executive Committee (Implementation Body) with substantial representation to NGOs and individuals dealing with elders welfare/protection.
3. Multiple survey of Funding have been provided for. These include donation, sponsorships, from the Corporate Sector, International Funding Agencies, Charities etc., Provision for creating a Charitable Trust with required State monitoring mechanisms has been made. Funding is also through grants, budgetary allocations by the Central and State Governments.
4. As rights of elders are too numerous and varied to be enumerated in detail in the Act, the concept of welfare schemes has been introduced. Consequently, it would be possible to frame multiple schemes, as dictated by necessity, have the same notified by the State and render it operational.
5. Such schemes could be undertaken either by the State or by partnering with NGOs or corporate sector, which have the expertise and skill for such purpose. Scheme could relate and operate in the areas of medical facilities, health care services, educational campaigning, transport, old age allowances or pension or maintenance, insurance, providing basic necessities like food, clothing and shelter, contributory health insurance scheme or national health fund, protection of property, assets and investments against loss, misuse, deprivation, destruction or erosion, recreational and counseling facilities, ineffective, inexpensive and time bound judicial remedy and grant of concessions, privileges, amenities etc., It is visualized that each such scheme would operate within parameters laid down in the scheme so that depending upon need multiple issues relating to elders are addressed effectively.
6. The obligation of the State to provide land and buildings for establishing daycare centres, old age homes, geriatric homes, counseling centres etc., at concessional rates to NGOs has been provided for. The obligation of the State would be to ensure preferential allotment of land and building for such purpose.
7. In view of large scale frauds that have been unearthed in the area of old age homes, provisions for registration and recognition of old age homes has been provided for. Obtaining a certificate of registration has been made mandatory. Inspection of old age homes not only by the State but by NGOs working in the field of elders care has been specifically provided for. Such combined inspection by the State and NGOs is expected to result in old age homes adhering to norms specified by the Government in the running of old age homes and facilities to be provided therein. Compulsory registration would also ensure accountability of old age homes.
8. In view of the varied issues relating to elders that need to be addressed on a day today basis a Chief Commissioner exclusively for elders has been provided for. Similarly, Commissioners at District level has also been provided for. One of the basic prerequisites to be appointed either as a Chief Commissioner or District Commissioner would be a deep understanding of issues relating to elders, as also a sensitivity to elders and their welfare.
9. The Commissioners have been empowered to look into and investigate complaints of elders against any person or organization whenever a complaint to that effect is received by the District Commissioner. It has been made mandatory that upon receipt of the complaint a District Commissioner would be required to attempt resolution of the dispute through conciliation or negotiation (including reference to Lok Adalats) before arriving at a conclusion that the dispute cannot be resolved before him. To alleviate inconvenience to elders who are unable to travel, it has been provided that proceedings in pursuance of complaints could be held at the residence of elders. It has also been provided that orders issued by the Commissioner or District Commissioner would be deemed to be a Decree of a Civil Court permitting execution of such decree. A salient feature of these provisions is that upon receipt of a complaint the District Commissioner is empowered to compel the appearance of the opposite party to dispute before him. Failure to do so could result in being criminally prosecuted for failure to obey summons issued. A time limit of 60 days has been prescribed for resolution of disputes before the Commissioner, failing which the dispute would be referred to a specially constituted Elders Court or a Fast Track Court for disposal in accordance with law.
10. It has been made obligatory for the State Government to notify certain existing Courts as Elders Courts so as to permit exclusive attention to elders cases.
11. A specific provision has been incorporated under which the State Government is obliged to accord approval for welfare schemes formulated by NGOs which does not have any financial implications, provided such schemes relate to elders welfare and protection.
12. A power to outsource and delegate implementation, management and administration of any one or more activities to an NGO has been provided.
13. The legislation is contemplated to recognize the need for a proactive participation of the community and elders themselves. It is not intended to be a “right based” legislation as enforcement of rights particularly in matters relating to family, emotional relationships of elders have been found to be extremely difficult and counter productive.
14. The Bill has been presented to the Government of Karnataka and is currently pending consideration.