Section 19: Establishment of oldage homes

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2007

Legal Commentary & Landmark Judgments: Section 19

Section 19 mandates State Governments to establish and maintain registered old age homes in accessible locations in each district, accommodating indigent senior citizens in dignity.

  • District Old Age Home Mandate: The State Government may establish and maintain such number of old age homes at accessible places, as it may deem necessary, in a phased manner, beginning with at least one in each district.
  • Minimum Capacity Standard: Each home must accommodate a minimum of one hundred and fifty senior citizens who are indigent.
  • Prescription of Standards of Care: The State Government shall prescribe standards and rules for managing old age homes, ensuring proper medical care, sanitation, nutrition, and recreation.
Key Landmark Precedents:
  • Ashwani Kumar v. Union of India (2019) 2 SCC 636: The Supreme Court issued nationwide mandamus directions under Section 19 directing all State Governments to establish adequate, well-equipped old age homes in every district with specialized geriatric facilities.
  • Sunny Paul v. State (NCT of Delhi) 2018 SCC OnLine Del 11640: Reaffirmed that the state has an affirmative constitutional and statutory duty under Section 19 to provide dignified institutional shelter to abandoned senior citizens.
Courtroom Practice & Strategic Litigation Guidance:

In cases of completely abandoned elderly persons lacking family or relatives, move an urgent application before the District Social Welfare Officer and SDM under Section 19 requesting immediate admission into the district government-notified old age home.