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.,

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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.,

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TABLE OF CONTENTS

A) LIST OF ABBREVIATIONS …………………………… 4 -5

B) INDEX OF AUTHORITIES
 Case Laws ……………………………….6
 Books …………………………................6
 Legal Database ………………………….... 6
 Articles &Reports ………………………….......... 7

C) STATEMENT OF JURISDICTION ……………………..8

D) STATEMENT OF FACTS ……………………... 9-10

E) STATEMENT OF ISSUES ………………………… 11

F) SUMMARY OF ARGUMENTS ……………………… 12-13

G) ARGUMENTS IN ADVANCE ………………………. 14-33

PRAYER ……………………………………………………34

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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
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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

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 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.”
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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.

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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

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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 TO SECTION 300

OF THE INDIAN PENAL CODE:
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 UNDER THE

PREVAILINGSOCIAL AND MORAL NORMS:
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

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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 physician-
assisted 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.

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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.

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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

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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

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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.
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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

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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.
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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.

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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.

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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.

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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