SMT. PRABHA SUKUMARAN, W/O. LATE SRI. O.R. SUKUMARAN AND ANR. Vs. STATE OF KERALA, REPRESENTED BY THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF KERALA AND ORS.

JUDGEMENT

(1.) The 2nd petitioner is running a luxury home for senior citizens. Both men and women are accommodated in the home. As seen from their brochure, this is to cater the needs of senior citizens, who otherwise remain in isolation for want of care and love of their kith and kin. The 2nd petitioner assured them best of facilities on a fees fixed by them. The 1st petitioner is a boarder in this home. The petitioners approached this Court aggrieved by the domiciliary visits conducted by the local police. They are also irked by the presence of the police in uniform in their place. They also challenge the notice issued by the Sub Inspector of Police, Chottanikkara asking them to produce the licence issued by the State or Central Government.

(2.) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act') is a comprehensive Act providing welfare measures to senior citizens. In Chapter VI of the Rules framed under this Act as 'Protection of Life and Property of the Senior Citizens', the Rules cast certain obligations on the police in every districts. The police is bound to maintain up-to-date list of senior citizens living in their jurisdiction. The police is also bound to ensure all protection to life and property of senior citizens. For that, the police can conduct visit through their representative along with a social worker or volunteer at regular intervals or at least once in a month [See Rule 20(2)(ii)]. In fact, no where in the Rules or Act require the police to conduct any inspection by themselves. As seen from the Rules itself, the police will have to depute a representative along with the social worker. The police also has to constitute volunteers' committee comprising of volunteers for making such visits. The Rules, in fact, provide only a mechanism to ensure protection of life and property of senior citizens.

(3.) The police will have to be very sensitive in dealing with matters invoking dignity and self respect of senior citizens. The duty of the police in this context is not similar to the one referred under the Code of Criminal Procedure while making an enquiry into a crime. It is totally different. The police will have to respect the sentiments of senior citizens. That is the reason why the Rules envisage inspection through the representative of the police along with the social worker or volunteer. That be so, the police cannot conduct a visit directly at the place where senior citizens are residing except in relation to the conduct of an enquiry in relation to a crime based on any information received by them. Thus, for any visit as contemplated under the Rules, the police should accomplish it through the representative along with a social worker or volunteer as the case may be. No other police personnel can directly make a visit in terms of Rule 20(2)(iii) to report about the protection of life and property of senior citizens.