The SC Asks States To Give Detailed Report On Measures Taken For The Elderly During The Pandemic

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

The Supreme Court’s bench led by Justice Ashok Bhushan including Subhash Reddy and M. R. Shah, through video conferencing, directed the states to file better affidavits, highlighting details and measures adopted in a plea seeking adequate facilities for the elderly during the pandemic. The bench was hearing the application seeking directions with regard to older people who need more care and protection in this pandemic of Covid-19.

The petitioner in person, Dr Ashwani Kumar, said that older people have already been identified since most of them are getting pensions from the states under the different schemes. The further submissions stated, that the states have only filed reports which are not sufficient. He therefore seeks for more measures and accounts them to be necessary. He further pointed to incidents wherein the elderly had been maltreated.

Justice Bhushan said: “It is a big country. Every individual case can’t be entertained under Art 32. States should take care of such cases.” The bench directed the states to file affidavits stipulating measures taken.

On August 4, the Apex Court had directed states to ensure supply of masks, sanitisers, medicines and other essential items for the elderly.  “Further, as and when any individual request is made, the same shall be attended to by the administration with all promptness. The care givers of those old age homes should be provided personal protection and appropriate sanitization should also be undertaken in old age homes. Let all the states file their reply affidavits to the averments made in the application within four weeks,” the court had directed.

Ria Nair
“Creative approach coupled with patience, makes understanding intricate issues simpler.” I am Ms. Ria Nair and my aim is to help you perceive a complex idea in a better way and seek your answer/s. I am currently pursuing my Bachelor’s in Business Administration and Law [B.B.A. LL. B (Hons.)] from Amity University, Mumbai. Understanding laws that govern human relations in all fields, gaining knowledge about aspects that govern the Universe and keeping an open mind are of primary importance to me as a law student and a human being. I hope to learn with every new opportunity and contribute to make others’ lives simpler.