Haha.docx

BATCH: 2016- 2019 VELS UNIVERSITY, PALLAVARAM – CHENNAI MOOT COURT - 2019 IN THE HON'BLE SUPREME COURT OF UNION OF SINDIYA SPECIAL LEAVE PETITON NO.1 of 2019 IN THE MATTER BETWEEN “Citizen” Union for Human Rights, Deccan Land VS Union of Sindiya

MEMORIAL SUBMITTED TO: VELS UNIVERSITY, PALLAVARAM – CHENNAI. MEMORIAL ON BEHALF OF THE RESPONDENT

A.ANITHA LOURDU MARY REG NO.16122102 III YEAR LLB.,

Memorial on behalf of the Respondent

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IN THE HON'BLE SUPREME COURT OF UNION OF SINDIYA (FILED UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) SPECIAL LEAVE PETITION NO.1 of 2019

IN THE MATTER BETWEEN 1. “Citizen” Union for Human Rights Deccan Land … Appellant Vs 1. Union of Sindiya …

Respondent

MEMORIAL ON BEHALF OF THE RESPONDENT

Counsel for Respondent A.ANITHA LOURDU MARY,LLB.,

Memorial on behalf of the Respondent

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TABLE OF CONTENTS

A) LIST OF ABBREVIATIONS

…………………………… 4 -5

B) INDEX OF AUTHORITIES  Case Laws  Books

……………………………….6 …………………………................6

 Legal Database  Articles &Reports

…………………………....

………………………….......... 7

C) STATEMENT OF JURISDICTION

……………………..8

D) STATEMENT OF FACTS

……………………...

E) STATEMENT OF ISSUES

…………………………

F) SUMMARY OF ARGUMENTS

G) ARGUMENTS IN ADVANCE

PRAYER

6

9-10 11

……………………… 12-13

………………………. 14-33

……………………………………………………34

Memorial on behalf of the Respondent

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LIST OF ABBREVIATIONS

¶

Para

AIR

All India Reporter

UOS

Union of Sindiya

DC

Deccan Land

NGO

Non-Government Organization

CUHR

Citizen Union for Human Rights

PCP

Province of Coastal Area

PVS

Persistent Vegetative Status

PIL

Public Interest Litigation

Art

Article

Edn

Edition

HC

High Court

SCC

Supreme Court Cases

SCJ

Supreme Court Journal

SC

Supreme Court

Ors

Others Memorial on behalf of the Respondent

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&

And

p.

Page No

u/s

Under Section

v.

Versus

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INDEX OF AUTHORITIES CASE LAWS          



State of Maharashtra v. MaurtySripatiDubal, 1987 Cri LJ 743. GianKaur v. State of Punjab, (1996) 2 SCC 648. ArunaRamachandra v. Union of India, (2011) 11 4 SCC 454. P.Rathinam v. Union of India, (1994) SCC 394. Naresh M Sakhre v. Union of India State v. Sanjay Kumar Bhatia, 1985 Clr.L.J.1931. ChennaJagadeeswar and another v. State of Andhra Pradesh,1988 Crl.J.549. Common Cause (A Regd. Society) v. Union of India and Another Sudheswari v. state of Assam ShobhaGopalakrishnan& Others Versus State of Kerala, Represented by the Secretary, Health & Family Welfare Department, Thiruvananthapuram & Others Mathivanan vs State Through Its Rep. By on 29 July, 2015

BOOKS     

Commentary on The Constitution of India, 2006 volume 1&2 The Constitution of India, 1949 DURGA DAS BASU’s Shorter Constitution India volume I and II Shorter Constitution of India D.D Basu A Handbook of Criminal law.

LEGAL DATABASES

 www.indiankanoon.com  www.legalservice.com  www.manupatra.com

Memorial on behalf of the Respondent

7  www.scconline.com  www.sci.gov.in  www.legalservicesindia.com

 www.supremecourtcases.com

ARTICLES & REPORTS  Euthanasia in India: Legal and Judicial perspective  Legalisingeuthanasia in India: A need for Constitutional correction and Legislative response.  Child Euthanasia: Should we just not talk about it?  An analytical study of euthanasia in India with reference to ArunaShanbaug’s case.  Position of euthanasia in India – Ananalytical study.

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STATEMENT OF JURISDICTION The Petitioners have approached the Hon‟ble High Court of Sindhiya under Article 32 of the Constitution of Sindiya1

1 32.

Remedies for enforcement of rights conferred by this Part. -

“(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.” Memorial on behalf of the Respondent

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STATEMENT OF FACTS 1.Union of Sindiya is seventh largest populated country and most populous democracy in the globe. The government of Union of Sindiya has based and run in the lines of Federal Parliamentary Constitutional Democratic Republic model like country India. The Court’s system in Union of Sindiya follows strict system of hierarchy. 2. In recent past the Supreme Court of Union of Sindiya has delivered its judgment on the issue relating to the Right to life with human dignity which includes the smoothening of the process of dying in case of terminally ill patient or a person in persistent vegetative state with no hope for recovery. In the light of this ruling and direction by the Supreme Court of Union of Sindiya, several petitions were filed by the people in various High Courts of the State and seeking the judicial intervention to permit them to end their lives. 3. Some of the petitions and their back grounds are as follows: In an incident, Mrs. Swagatha from the province of Coastal Pradesh had filed an application seeking for permission from the High Court to end the life of her child who is suffering with inherited blood disorder called Thalassemia. In the High Court of Deccan Land, this is one of the High Courts in the Union of Sindiya, an application was filed by Mr. GunaSankalpa seeking the judicial intervention to end his life along with his spouse. Memorial on behalf of the Respondent

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Along with the above application is several other petitions were filed in various High Courts in Union of Sindiya for seeking the judicial intervention to facilitate to end their life. These incidents were reported in local newspapers. Responding to the news the Deccan Land based NGOby the name "Citizens' Union for Human Rights" filed a PIL in the Supreme Court of Union of Sindiya.

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STATEMENT OF ISSUES I. WHETHER THERE IS A NEED FOR CONSIDERATION OF SETTLED LAW AND GUIDELINES WITH RESPECT TO RIGHT TO END LIFE WITH HUMAN DIGNITY? II. WHETHER THE PARENTS HAVE RIGHT TO SEEK THE STATE’S ASSISTANCE TO END THE LIFE OF THEIR CHILD IF IN CASE ALL THE EFFORTS MADE BY THEM HAVE FAILED TO SAVE THE LIFEOF THEIR CHILD, PARTICULARLY, THE FAILURE OF THE STATE IN RECOGNICING ADVANCED MEDICAL DIRECTIVES. III. WHETHER THE RIGHT OF THE CHILD TO LIVE INCLUDES THE RIGHT TO DIE WITH HUMAN DIGNITY? IV. WHETHER THE STATE IS UNDER THE OBLIGATION TO TAKE CARE OF THE AGED IN CASE OF THE FAILURE OF THEIR AND ALL OTHER ALTERNATIVES?

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SUMMARY OF ARGUMENTS I.WHETHER THERE IS A NEED FOR CONSIDERATION OF SETTLED LAW AND GUIDELINES WITH RESPECT TO RIGHT TO END LIFE WITH HUMAN DIGNITY? It is submitted that pleaded by the petitioner for mercy killing (euthanasia) reason for several petitions were filed in various High Courts in Union of Sindiya for seeking the judicial intervention to facilitate to end their life. In both the cases mentioned in the petition, they were not permanent vegetative state and no life support system fixed to them. The lack of finances of medical procedures cannot be permitted as ground for mercy killing. So, there is a must for consideration of settled law and guidelines with respect to Right to end life with human dignity. II. WHETHER THE PARENTS HAVE RIGHT TO SEEK THE STATE’S ASSISTANCE TO END THE LIFE OF THEIR CHILD IF IN CASE ALL THE EFFORTS MADE BY THEM HAVE FAILED TO SAVE THE LIFEOF THEIR CHILD, PARTICULARLY, THE FAILURE OF THE STATE IN RECOGNICING ADVANCED MEDICAL DIRECTIVES. It is submitted that the parents have no right to seek the state’s assistance to end the life of their child if in case all the effort made by them have failed to save the life of their child, particularly the failure of the state in recognizing advanced medical directives. It is not the duty of the state to end the life of the citizens. III. WHETHER THE RIGHT OF THE CHILD TO LIVE INCLUDES THE RIGHT TO DIE WITH HUMAN DIGNITY? It is submitted that the right of the child to live does not includes the right to die with human dignity. “No parent and no public authority have the power Memorial on behalf of the Respondent

13

to take away the life of anyone who is a child, whoever they are.” Parents and guardians will pressure minors in more or less subtle ways into making euthanasia decisions to find relief from their own emotional or financial needs. IV. WHETHER THE STATE IS UNDER THE OBLIGATION TO TAKE CARE OF THE AGED IN CASE OF THE FAILURE OF THEIR AND ALL OTHER ALTERNATIVES? It is submitted that the state is under the obligation to take care of the aged in case of the failure to their and all others alternatives. The state shall only provide the help to all the citizens, including child and aged persons. The state shall not take all the individual problem of that own problem except certain circumstances.

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ARGUMENTS IN ADVANCE

I.WHETHER THERE IS A NEED FOR CONSIDERATION OF SETTLED LAW AND GUIDELINES WITH RESPECT TO RIGHT TO END LIFE WITH HUMAN DIGNITY? Article 21 of the Constitution of India due to the high court decision in MarutiShripati Dubalvs State Of Maharashtra and Supreme Court decision inP.Rathinamvs Union Of India, which held that a right to life included in it a corresponding right to die, was blown away by this Hon’ble court with great clarity in Smt. GianKaurvsThe

State

Of

Punjab. In

the

recent

Constitution Bench decision of this Court (vide paragraphs 22 and 23) it was held that the right to life guaranteed by Article 21 of the Constitution does not include the right to die. Shri F.S. Nariman submitted in GianKaur v.State of Punjab that Article 21 cannot be construed to include within it the so called ‘right to die’ since Article 21 guarantees protection of life and liberty and not its extinction. Though relying on Aruna RamchandraShanbaug Vs. Union of India (UOI) and Ors, one may say that the court has approved passive euthanasia, the court was of the view that it should be given after consulting with experts and also after procuring a directive from the high court. The court has even formulated a detailed procedure which should be followed in such cases till a new legislation is made. An important point to be noted is that the court gave permission to the hospital to decide about euthanasia and Pinky virani (social activist). The court stated clearly that passive euthanasia can be given only in cases of P.V.S and Coma.

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EUTHANASIA IS MURDER ACCORDING OF THE INDIAN PENAL CODE:

TO

SECTION

300

In India, euthanasia is undoubtedly illegal. Since in cases of euthanasia or mercy killing there is an indirect intention on the part of the doctor to kill the patient, such cases would fall squarely within Sec 300 of Indian Penal Code i.e. intention to cause death. It would be culpable homicide if the patient gives his consent. In the present case the patient can give his consent. Thus euthanasia is culpable homicide. EUTHANASIA IS VIOLATIVE OF INDIAN MEDICAL COUNCIL ACT, 1956:

Indian Medical Council Act, 1956 also incidentally deals with the issue at hand. UnderSection 20A read with Section 33(m) of the Act of 1956, the Medical Council of India may prescribe the standards of professional conduct and etiquette and a code of ethics for medical practitioners. Exercising these powers, the Medical Council of India has recently amended 27the code of medical ethics for medical practitioners. Thereunder the act of euthanasia has been classified as unethical except in cases where the life support system is used only to continue the cardio-pulmonary actions of the body. Only in such cases, subject to the certification by the team of doctors, life support systems may be removed. If physicians and nurses become associated with killing people then trust which is the basis of the healing contract will be eroded and slowly disintegrate. EUTHANASIA IS NOT PERMISSIBLE PREVAILINGSOCIAL AND MORAL NORMS:

UNDER

THE

Euthanasia” is a broad term for mercy killing—taking the life of a hopelessly ill or injured individual in order to end his or her suffering. Mercy killing represents a serious ethical dilemma. People do not always die well. Some Memorial on behalf of the Respondent

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afflictions cause people to suffer through extreme physical pain in their last days, and euthanasia may seem like a compassionate way of ending this pain. Other patients may request euthanasia to avoid the weakness and loss of mental faculties that some diseases cause, and many feel these wishes should be respected. But euthanasia also seems to contradict one of the most basic principles of morality, which is that killing is wrong. Viewed from a traditional Judeo-Christian point of view, euthanasia ismurder and a blatant violation of the biblical commandment “Thou shalt not kill”. From asecular perspective, one of the principal purposes of law is to uphold the sanctity of humanlife. Euthanasia is so controversial because it pits the plight of suffering, dying individualsagainst religious beliefs, legal tradition, and, in the case of physicianassisted death, medicalethics. So, there is a need for consideration of settled law and guidelines with respect to right to end life with human dignity.

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II. WHETHER THE PARENTS HAVE RIGHT TO SEEK THE STATE’S ASSISTANCE TO END THE LIFE OF THEIR CHILD IF IN CASE ALL THE EFFORTS MADE BY THEM HAVE FAILED TO SAVE THE LIFEOF THEIR CHILD, PARTICULARLY, THE FAILURE OF THE STATE IN RECOGNICING ADVANCED MEDICAL DIRECTIVES. It is submitted that the parents have no right to seek the state’s assistance to end the life of their child if in case all the effort made by them have failed to save the life of their child, particularly the failure of the state in recognizing advanced medical directives. It is not the duty of the state to end the life of the citizens. Constitutional Provisions for Children: There are several constitutional provisions for the protection of children in India.  Article 14 guarantees equality before law to all citizens including the children.  Article 15 guarantees right against discrimination and affirm the right of the State to make special provisions for women and children.  Article 21 guarantees personal liberty and due process of law to one and all.  Article 24 provides that no child below the age of 14 shall be employed to work in any hazardous employment.  Article 29 ensures the rights of minorities for protection of their interest.

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 Article 37 ensures that the government has the flexibility to undertake appropriate legislative and administrative measures to ensure child rights. 

Article 39 (e) of the Directive Principles of State Policy provides that children of tender age should not be abused and that they should not be forced by economic necessity to enter vocations unsuited to their age or strength.

 Article 39 (f) of the Directive Principles of State Policy requires children to be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity, and that childhood and youth be protected against exploitation and moral and material abandonment.  Article 45 of the Directive Principles of State Policy provides for free and compulsory education for all children until their complete the age of 14.  Article 46 recognizes the right of weaker sections of the people to be protected from social injustices and all forms of exploitation.  Article 47 provides the right to nutrition and standard of living and improved public health. Government Policy on Children: The Government of India adopted National Policy for Children in 1974 and there was a shift of focus from child welfare to child development. The policy was intended to ensure effective services for children in the areas of education, health, nutrition and recreation with special emphasis on the weaker sections of society. The Government of India has taken a number of measures related to child rights protection and child development in India. The Ministry of Women and Child Development was established on a full-fledged basis. Memorial on behalf of the Respondent

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The National Plan of Action for Children (NPA) was prepared by the Government of India under the title ‘A Commitment to the Child’ with a focus on various target groups of vulnerable children and called for improved protection of these children. The plan was indeed an outcome of an inter-sector, inter-department coordination and covered areas of health, nutrition, water and sanitation, education, children in need of care and protection, girl child adolescent girls, children and environment, women advocacy and people’s participation, resources monitoring and evaluation. The National Plan of Action for the Girl Child was formulated during 1991-2000 by the Government of India in order to ensure the survival and protection of the girl child, safe motherhood, overall development of the girl child and special protection for vulnerable girl children in need of care and protection. The vulnerable groups of children included – street children, orphaned, abandoned and destitute children, working children, abused children, children who are victims of commercial sexual exploitation and trafficking, children engaging in substance abuse, children in conflict and disaster situations, children in families at-risk, differently able children, mentally ill children, HIV/AIDS affected / infected children and juveniles in conflict with the law. The National Charter for Children (2003), National Plan of Action for Children (2005) and enforcement of the National Commissions for Protection of Child Rights Act (2006) were formulated and established with a view to protect the interest of children in India. The National Plan of Action was mainly responsible for a comprehensive study of child abuse and initiation of the amendment of law on child marriage. The Prohibition of Child Marriage Bill (2006) enhanced the punishment for those who were involved in child abuse and child marriage activities. Memorial on behalf of the Respondent

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Mathivanan vs State Through Its Rep. By on 29 July, 2015 In this case, the petitioner seeks for a Mandamus directing the first respondent to take necessary action to admit his wife, namely, Sumathi, aged 33 years in the second respondent Hospital and provide treatment to his wife till her recovery in second respondent Hospital at Government cost or direct the respondents to terminate the life of petitioner's wife by mercy killing. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents submitted that the respondents shall give medical facilities to the petitioner's wife. So the state shall not assistance to end the life of their child if in case all the efforts made by them have failed to save the life of their child, particularly the failure of the state in recognizing advanced medical directives. The State shall protect the life of the child till them life.

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III. WHETHER THE RIGHT OF THE CHILD TO LIVE INCLUDES THE RIGHT TO DIE WITH HUMAN DIGNITY? In the world, two countries only allowed the child euthanasia via; one is Netherlands and another one is Belgium. NETHERLANDS: In 2002, the Netherlands became the first country to legalize euthanasia and also allows mercy killing for children, but only for those 12 and over it. BELGIUM: Belgium is the only country that allows euthanasia for children of any age in the year 2014.The right of the child to live does not includes the right to die with human dignity.Doctors in Belgium have killed three children by euthanasia in the last two years. In European Court on Human Rights, Crossbench peer Lord Carlile said “No parent and no public authority has the power to take away the life of anyone who is a child, whoever they are.” Article 2 of the European Convention on Human Rights requires the State to respect and protect the lives of all people, without exception, and establishes the principle that “No one shall be deprived of his life intentionally”. Here are five oft repeated arguments in support of the position that euthanasia for minors is morally worse than for adults: 1. Argument from Weightiness. Minors should not be asked to make decisions in matters as weighty as euthanasia. We do not let minors vote or buy cigarettes Memorial on behalf of the Respondent

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and alcohol. Why should we let them make decisions about matters of life and death? 2. Argument from Capability of Discernment. For a euthanasia request to be granted an assessment is required that the minor is capable of discernment. But minors are not capable of discernment. 3. Argument from Pressure. Parents and guardians will pressure minors in more or less subtle ways into making euthanasia decisions to find relief from their own emotional or financial needs. 4. Argument from Sensitivity. A minor will opt for euthanasia due to her sensitivity, i.e. her desire to satisfy expectations from parents who can no longer bear the situation. 5. Argument from Sufficient Palliative Care. Euthanasia for minors is unnecessary: Physical suffering at the end of life can always be made bearable by means of palliative care; Requests for euthanasia come about due to poor palliative care. In Sudheswari v state of Assam

a three year old child was killed by her

mother and among the defences stated by her, one was that the little child had been done to death because she was suffering from illness badly and that the accused could not bear the trouble of looking after her and thus the court was asked to decide whether mercy killing was an exception to murder available in India. The court in case clearly held that euthanasia is not an exception to the offence of murder.Thus in a country like India it is very likely that people will abuse this law if all kinds of euthanasia becomes legal.

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IV. WHETHER THE STATE IS UNDER THE OBLIGATION TO TAKE CARE OF THE AGED IN CASE OF THE FAILURE OF THEIR AND ALL OTHER ALTERNATIVES? The state is under the obligation to take care of the aged in case of the failure to their and all others alternatives. The state shall provide the help to all the citizens, including child and aged persons. The problems of the elderly in India were not serious in the past because the numbers were small and the elderly were provided with social protection by their family members. But owing to relatively recent socio-economic changes, ageing of the population is emerging as a problem that requires consideration before it becomes critical. However family and relatives still play a dominant role in providing economic and social security for the elderly. But still the majority of elderly need social, economic and health support. Over the years, the government has launched various schemes and policies for elderly persons. These policies and schemes are meant to promote the health, well-being and independence of elderly people around the country. CONSTITUTIONAL PROVISIONS: DIRECTIVE PRINCIPLES OF STATE POLICY: The Concept of DPSP is not an indigenous one. Our Constitution makers borrowed this concept from Irish Constitution (Article 45), it has its genesis in Spanish Constitution. Part IV of the Constitution of India deals with Directive Principles of State Policies. To understand the meaning of the directive principle Memorial on behalf of the Respondent

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of state policy, we need to understand the meaning of each word i.e. Directive + principle + state + policy which suggest that these are the principles that direct the state when it makes policies for its people. These DPSPs act as a guideline for the state and are needed to be taken into consideration while coming up with any new law but a citizen cannot compel the state to follow DPSPs. (i) Article 41 of the Constitution: Article 41 of Directive Principles of State Policy has particular relevance to Old Age Social Security. According to Article 41 of the constitution of India, “the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want.” (ii) Article 47 of the Constitution: Article 47 of the constitution of India provides that the state shall regard the raising of the level of nutrition and the standard of living of its people and improvement of public health as among its primary duties. (iii) Some Other Constitutional Provisions: Entry 24 in list III of schedule VII of constitution of India deals with the welfare of labour, including conditions of work, provident funds, liability for workmen’s compensation, invalidity and old age pension and maternity benefits. Further, item 9 of the state list and item 20, 23 and 24 of concurrent list relates to old age pension, social security and social insurance, and economic and social planning. The right of parents, without any means, to be supported by their children having sufficient means has been recognized by section 125(1) (d) of the Code of Criminal Procedure 1973, and section 20 (1 & 3) of the Hindu Adoption and Maintenance Act, 1956. Memorial on behalf of the Respondent

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Among the administrative setup, the Ministry of Social Justice and Empowerment focuses on policies and programmes for the elderly in close collaboration with State Governments, Non-governmental Organisations and Civil Society. The programmes aim at their welfare and maintenance especially for indigent elderly, by supporting old age homes, day care centers, mobile medical units etc. LEGISLATIONS: Maintenance and Welfare of Parents and Senior Citizens Act, 2007: The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted in December 2007, to ensure need based maintenance for parents and senior citizens and their welfare. Section 19 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 envisages provision of at least one old age home for indigent senior citizens with a capacity of 150 persons in every district of the country. The objectives of the Act are:  Revocation of transfer of property by senior citizens in case of negligence by relatives.  Maintenance of Parents/senior citizens by children/ relatives made obligatory and justiciable through Tribunals.  Pension provision for abandonment of senior citizens. o Adequate medical facilities and security for senior citizens.  Establishment of Old Age Homes for indigent Senior Citizens. The Act was enacted on 31st December 2007. It accords prime responsibility for the maintenance of parents on their children, grand children or even relatives who may possibly inherit the property of a senior citizen. It also calls upon the Memorial on behalf of the Respondent

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state to provide facilities for poor and destitute older persons. The Act has to be brought into force by individual State Government. Himachal Pradesh is the first state and Punjab is the fifth state where old parents can legally stake claim to financial aid from their grown-up children for their survival and a denial would invite a prison term. As on 03.02.2010, the Act had been notified by 22 states and all UTs. VARIOUS

POLICIES

AND

PROGRAMMES

OF

CENTRAL

GOVERNMENT FOR ELDERLY PEOPLE: Several initiative steps for various policies and programmes for the elderly have been taken by the government. Some of them have been: National Policy for Older Persons (NPOP) 1999: The National Policy on older Persons was announced by the Central Government of India in the year, 1999 to reaffirm the commitment to ensure the well-being of the older persons. It was a step to promote the health, safety, social security and well-being of elderly in India. The policy recognizes a person aged 60 years and above as elderly. This policy enables and supports voluntary and nongovernmental organizations to supplement the care provided by the family and provide care and protection to vulnerable elderly people. It was a step in the right direction in pursuance of the UN General Assembly Resolution 47/5 to observe 1999 as International Year of Older Persons and in keeping with the assurances to elderly people contained in the Constitution. The policy envisages state support in a number of areas – financial and food security, healthcare and nutrition, shelter, education, welfare, protection of life and property etc. for the well being of elderly people in the country. The primary objectives of this policy are to:

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 Ensure the well-being of the elderly so that they do not become marginalised, unprotected or ignored on any count.  Encourage families to take care of their older family members by adopting mechanisms for improving inter generational ties so as to make the elderly a part and parcel of families. o encourage individuals to make adequate provision for their own as well as their spouse’s old age.  Provide protection on various grounds like financial security, health care, shelter and welfare, including protection against abuse and exploitation.  Enable and support voluntary and non-governmental organizations to supplement the care provided by the family and recognising the need for expansion of social and community services with universal accessibility.  Provide care and protection to the vulnerable elderly people by ensuring for the elderly an equitable share in the benefits of development.  Provide adequate healthcare facility to the elderly. o promote research and training facilities to train care givers and organizers of services for the elderly.  Create awareness regarding elderly persons to help them lead productive and independent life. This policy has resulted in the opening of new schemes such as – o Promotion of the concept of healthy ageing. 

Setting up of Directorates of Older Persons in the States.

 Training and orientation to medical and paramedical personnel in health care of the elderly. 

Assistance to societies for production and distribution of material on elderly care. Memorial on behalf of the Respondent

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

Strengthening of primary health care system to enable it to meet the health care needs of older persons.

 Provision of separate queues and reservation of beds for elderly patients in hospitals.  Extended coverage under the Antodaya Schemes especially emphasis for elderly people. National Council for Older Persons (NCOP): A National Council for Older Persons (NCOP) was constituted in 1999 under the chairpersonship of the Ministry of Social Justice and Empowerment to operationalize the National Policy on Older Persons. The NCOP is the highest body to advise the Government in the formulation and implementation of policy and programmes for the elderly. The basic objectives of this council are to:  Advise the Government on policies and programmes for older persons.  Represent the collective opinion of elderly persons to the government.  Suggest steps to make old age productive and interesting.  Provide feedback to the government on the implementation of the NPOP as well as on specific programme initiatives for elderly.  Suggest measures to enhance the quality of inter-generational relationships.  provide a nodal point at the national level for redressing the grievances of older persons which are of an individual nature provide lobby for concessions, rebates and discounts for older persons both with the Government as well as with the corporate sector. Memorial on behalf of the Respondent

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 Work as a nodal point at the national level for redressing the grievances of elderly people.  Undertake any other work or activity in the best interest of elderly people. The council was re-constituted in 2005 and met at least once every year. At present there are 50 members in it, comprising representatives of Central and State Governments, NGO’s, citizens’ group, retired persons’ associations, and experts in the fields of law, social welfare and medicine. Central Sector Scheme of Integrated Programme for Older Persons (IPOP): An integrated Programme for Older Persons (IPOP) is being implemented since 1992 with the objective of improving the quality of life of senior citizens by providing basic amenities like food, shelter, medical care and entertainment opportunities and by encouraging productive and active ageing. Under this scheme financial assistance up to 90 percent of the project cost is provided to Non-Governmental Organizations for running and maintenance of old age homes, day care centers and mobile medicine units. The scheme has been made flexible so as to meet the diverse needs of the older persons including reinforcement and strengthening of the family, awareness generation on issues pertaining to older persons, popularisation of the concept of lifelong preparation for old age etc. Several innovative projects have also been added which are as follows:  Maintenance of respite care homes and continuous carre homes.  Sensitizing programmes for children particularly in schools and colleges.  Regional resource and training centers for caregivers of elderly persons.  Volunteer Bureau for elderly persons. Memorial on behalf of the Respondent

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 Formation of associations for elderly.  Helplines and counselling centers for older persons.  Awareness Generation Programmes for elderly people and caregivers.  Running

of

day

care

centers

for

patients

of

Alzheimer’s

Disease/Dementia, and physiotherapy clinics for elderly people.  Providing disability and hearing aids for the elderly people. The eligibility criteria for beneficiaries of some important projects supported under IPOP Scheme are:  Old age homes – for destitute elderly persons.  Respite care homes and continuous care homes – for elderly persons who are seriously ill and require continuous nursing care and respite Mobile Medicare units – for older persons living in slums, rural and inaccessible areas where proper health facilities are not available. The scheme has been revised in April, 2008. Besides an increase in amount of financial assistance for existing projects, Governments/Panchayati Raj institutions/local bodies have been made eligible for getting financial assistance. Inter-Ministerial Committee on Older Persons: An Inter-Ministerial Committee on Older Persons comprising twenty-two Ministries/Departments, and headed by the secretary, Ministry of Social Justice and Empowerment is another coordination mechanism in implementation of the NPOP. Action Plan on ageing issues for implementation by various Ministries/Departments concerned is considered from time to time by the committee. Memorial on behalf of the Respondent

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National Programme for Health Care of Elderly (NPHCE): National Programme for Health Care of Elderly (NPHCE) is an articulation of the international and national commitments of the government as envisaged under (UNCRPD), National Policy on older Persons (NPOP) adopted by the Government of India in 1999 and Section 20 of “The Maintenance and Welfare of Parents and Senior Citizens Act, 2007” dealing with provisional for medical care of senior citizen. Ministry of Health and Family Welfare (MOHFW) has taken appropriate steps in this regard by launching the National Programme for Health Care of Elderly (NPHCE) as a centrally sponsored scheme under the new initiatives in the XI five years plan. Presently, it is being rolled out in 100 districts. The vision of the NPHCE is:  To provide accessible, affordable and high quality long-terms comprehensive and dedicated care services to an Ageing population.  Creating a new “architecture” for Ageing.  To build a frame-work to create an enabling environment for “a society for all ages”.  To promote the concept of Active and Healthy Ageing.  Convergence with National Rural Health Mission, AYUSH and other line departments like Ministry of Social Justice and Empowerment. Specific Objectives of NPCHE are:  To identify the health problems in the elderly and provide appropriate health interventions in the community with a strong referral backup support.

Memorial on behalf of the Respondent

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 To provide an easy access to promotional, preventive, curative and rehabilitative services to the elderly through community based primary health care approach.  To build capacity of the medical and paramedical professional as well as the care-takers within the family for providing health care to the elderly. 

To provide referral services to the elderly patients through district hospitals, regional medical institutions. Core Strategies to achieve the objective of the Programme.



Community based Primary Health Care approach including domiciliary visits by trained health care workers.

 Dedicated services at PHC/CHC level including provision of machinery, equipment, training, additional human resources (CHC), IEC etc.  Dedicated facilities at District Hospital with 10 bedded wards, additional human resources, machinery, and equipment, consumable and drugs, training and IEC.  Strengthening of 8 Regional Medical Institutes to provide dedicated tertiary level medical facilities for the elderly, introducing PG courses in Geriatric Medicine, and in-service training of health personnel at all levels.  Information, Education and Communication (IEC) using mass media, folk media and other communication channels to reach out to the target community.  Continuous monitoring and independent evaluation of the programme and research in Geriatrics and implementation of NPHCE. Memorial on behalf of the Respondent

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 Promotion of public and private partnerships in Geriatric Health Care.  Mainstreaming AYUSH – revitalizing local health traditions, and convergence with programmes of Ministry of Social Justice and Empowerment in the field of geriatrics.  Reorienting medical education to support geriatric issues. Old Age Homes and Day Care Centres: Help Age India has sponsored the construction and maintenance of old age homes in India. These homes cater to the needs of those elderly who are unable to live by themselves and for those who have been abandoned by the family or are neglected and uncapped for by their children. These old age homes provide and cater to the various needs of the elderly so that they can spend the “evenings of their lives” with dignity and respect and not feel a burden to the society. There are over 800 old age homes all over India and nearly half of them are being sponsored and funded by Help Age India. Besides old age homes, Help Age India also supports day care centres where the elderly come for a few hours every day or on certain days of the week and spend some time together. These centres combat the loneliness they face and create a sense of “we feeling” among them. In some of the centres being supported by Help Age India in rural areas they are also places where the income generating activities are conducted. So, there are many provisions in Sindhiya to protect the aged person. State shall provide all the helps to the aged person till them life.

Memorial on behalf of the Respondent

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PRAYER Therefore, in the light of facts of the case, issues raised, arguments advanced and authorities cited this Hon’ble Court may be pleased to adjudge and declare that: i. There is no violation of the Fundamental Rights enshrined under Part III of the Constitution of India and hence the petition may be dismissed. And pass any other order in favour of the respondent that it may deem fit in the ends of justice, equity, and good conscience. All of which is respectfully submitted.

Memorial on behalf of the Respondent