Application For Information Under The Right To Information Act, 2005.
(Senior Citizen Priority Case)
To Sh. Shri Lalsanglur, CPIO & Director (SD),
Ministry of Social Justice & Empowerment, R.N. 635, A Wing,
Shastri Bhawan, New Delhi-110001.
1) Name of the Applicant: M.V.Ruparelia. ( Age 78 ).
2) Address: A503 Rashmi Utsav, Near Jangid Estate & Vijay Park,
Mira Road (E). District Thane, Maharashtra. 401 107.
3) Particulars of Information: Information in respect Of Action taken on our letter dt 12-8-11 to Prime Minister & copy to Shri Mukul Wasnik, Minister of Social Justice & Empowerment, Shastri Bhawan, New Delhi-110001 sent through E/Mail dt 12-8-11 and sent to you by PMO under their letter no. 14/3/2011-PMP 3/319591 dt 5-9-11.
Kindly give the following information, keeping in view the spirit of Section 4 (1)-c & d and 6(3) of Right To Information Act, 2005.
i) When our letter our letter dt 12-8-11 to P.M. & copy to Shri Wasnik, Hon. Minister of Social Justice , Government of India, New Delhi and again received under PMO`s letter no. 14/3/2011-PMP 3/319591 dt 5-9-11 was received and what action was taken on that, giving copies of notings thereon and when reply will be sent in terms of para 66 of Office Manual. It may also be stated whether it was put up to Hon.Minister and if not, up to which level it was put up, sending copy of instructions about putting up such important representations affecting 12 crore Elders of the Country.
ii) Information in respect of action taken on our following requests contained in above letter may please be advised:-
a) You may be aware that United Nations Economic & Social Commission for Asia Specific (ESCAP), Bangkok is watching the progress of action taken by the Governments for Welfare of Elders and has requested all member countries to advise them by 30-6-11, the progress report for 19 Questionnaire in terms of The Economic and Social Council resolution 2010/14 for their Madrid International Plan of Action on Ageing (MIPAA REVIEW), 2011. This process calls for Governments to consult with Civil Society (Organizations of Senior Citizens) on how their Policies & Programmes are being implemented. The United Nations believes that feedback from the grassroots level is the only way for successful policies to be made. A copy of reply sent to UNO, Bangkok may kindly be given.
b) National Policy for Senior Citizens (NPSC), 2011 was submitted to Hon Minister of S.J. & E. on 30-3-11 by Review Committee appointed under Ministry`s Memorandum no. 15-40(2)/2009-10-AG II dt 28-1-10. Action taken on the revised Policy may kindly be advised, sending copies of relevant notings, Notes/Communications to other Ministries/States etc and time by which this is likely to be finalized and declared for benefit of Senior Citizens of the Country, indicating present position.
c) The First & Foremost Action from your side is requested to establish a separate full fledged Department exclusively for Senior Citizens, as the present Directorate dealing with various subjects is not able to devote any time to the issues pertaining to Senior Citizens. You will be surprised to know that Inter-Ministerial Committee Meetings for coordinating action by various Ministries are not held regularly even once in a year and no follow up is done; Meetings of NCOP with representatives of Senior Citizens are also not held, as required and there is absolutely no control/coordination with States/UTs and other Stake Holders like Media, Charitable Trusts, Private Hospitals; NGOs, Corporate Sector etc by Nodal Directorate and concerned Ministries. Position at State/UTs level is still worst, as no Directorate/Nodal officers are exclusively nominated. Separate Directorates at Central & State/UTs level may please be given immediately.
d) Next important issue requiring your attention is about formation of Autonomous National Association of Senior Citizens as per para 97 of NPOP,99 or to recognize the existing Associations for negotiations & sending them various directives from all Ministries for matters affecting Senior Citizens at Central; State/UTs & Municipal/Panchayat levels for information of Senior Citizens. To-day, there is no machinery to listen the voices of Senior Citizens or to get information of what Government is doing for their Elders. Even the Nodal Ministry has no touch with any of the existing Registered Associations of Senior Citizens and none from Registered Associations was nominated on Review Committee. Separate Web Site for Senior Citizens is also absolutely necessary and may be provided.
e) You will agree with the fact that elders have waited for years on end to get attention from our rulers but all that we have received is indifference towards our issues. While we are keen to play our role in the development of our Country and the activities for the welfare of community, we also demand that our concerns must be addressed.
f) Last year on 16th August 2010, we (JAC) had organized All India ‘Senior Citizens National PROTEST Day’. Joint Action Committee (JAC) of Senior Citizens was formed by 23 Organization/ Federations, Associations, NGOs working for Senior Citizens to protest against continuous neglect and ignorance by the central & state government. This year too on 16th August,2011, we have planned ‘ Senior Citizens National Solidarity Day ‘ to once again highlight our issues and to demand concrete action from Central and State governments. Kindly, advise action taken since 16-8-10 by Nodal Ministry.
g) We request the Government to consider the following pending demands in addition to action on various paras of NPOP, 99 as given below for your Ministry urgently and concede them:
A. Implementation of NPOP 1999 / National Policy on Senior Citizens (NPSC) 2011 by central and all states in India by fixing a time bound Action Plan in terms of Para 93 of NPOP,99 & Chief Information Commissioner, Delhi `s orders dt 27-6-08 vide his no. 2701/Senior Citizens/(A)/2008 in Case no. C I C/MA/A/ 2008/00645 to Ministry Of Social Justice & Empowerment to outline the plan of action in a time bound manner for the larger benefit of older persons. It would not be out of place to mention that even in most progressive State like Maharashtra, National Policy is not yet adopted or notified and State Council not constituted even after 12 years. At present, no action is being taken either on Policy, 99 nor on Policy, 2011!
B. Implementation of ‘The Maintenance & Welfare of Parents and Senior Citizens ACT -2007’: The Maintenance & Welfare of Parents and Senior Citizens ACT -2007 has not been fully implemented so far by most of the States. Many States have only notified Rules but Act has not been fully operationalised. Awareness about it is lacking both in public and administration. Details of Tribunals should be given wide publicity in local Newspapers & TV Channels. Immediate steps should be taken to Pan India implementation of the act for benefit of senior citizens and State/UT wise latest position may please be advised.
C. National Commission for Senior Citizens:
As the Longevity is increasing, there is dramatic rise in number of people above 60 yrs. Today, there are around 100 million Senior Citizens in India . To address various issues and grievances, especially elder abuse cases, a National Commission for Senior Citizens on the lines of Human Right and Women commission is requested with representation form NGOs and Senior Citizens Organizations. Action taken on this request may be advised.
D. To declare Comprehensive National policy for Dementia and Alzheimer’s
E. Inclusion of Ageing in Corporate Social Responsibilities (CSR) and reservation of minimum 10% of CSR budget for welfare projects of Senior Citizens.
F. Specialized Courses in Social Science & Medical Colleges in Gerontology and Geriatrics respectively.
G. Fast track Courts for speedy, time-bound disposal of pending cases of Senior Citizens in all Courts.
H. Uniform Old Age Pension Scheme for all Senior Citizens in BPL in all states by increasing amount of Pension and taking over this work by Nodal Ministry.
I. Fast Implementation of National Programme for the Healthcare of the Elderly (NPHCE) started in February 2011
J. Charter of Rights and Responsibilities for Senior Citizens.
K. In NRHM /NUHM special provision for Senior Citizens
L. Decent old age homes with Public-Private mode for the benefit of seniors at reasonable charges should be promoted.
M. Free Home for Destitute should be established in all districts.
N. Special attention/schemes/programmes for Rural Elderly, Tribal Elderly, Transgender Elderly, Destitute Elderly, Women Elderly and 80 + population.
iii) Information in respect of action taken by Ministry Of Social Justice & Empowerment on Paras 24,25, 27, 59 to 64, 68 to 98 of NPOP, 99 may be advised, making Proper Budget Provisions in the forthcoming Budget for all above items and these items.
1. Para 24, 25 & 27: There is no necessity of classifying BPL Senior Citizens as per 13 parameters of Rural Ministry for simple purpose of paying meager Pension. This work should be taken over by Ministry of S.J.& E. and different income segments for some level of income security in old age got decided in consultation with Ministry of Finance as laid down in para 24 of Policy.
2. Para 59: No action is taken to identify more vulnerable and those staying without family support etc. This action is very important and may please be got done on priority basis for providing the needed welfare services.
3. Para 60 to 62 & 64: No action is taken to communicate with voluntary organizations, NGOs, Private Sector etc and no scheme to assist and give grants-in-aid etc to such organizations is yet formulated, as done for 16 schemes under Integrated Programme.
4. Para 63: Though Welfare Fund is to be created by Ministry of Finance, Nodal Ministry must pursue this matter vigorously and get Welfare Fund set up for various purposes.
5. Paras 68 & 69: No specific instructions are issued by Nodal Ministry to all concerned Departments and as such many have not implemented these instructions e.g. Banks, many Hospitals, most of Post Offices, Private & Public Organizations, where there are big ques for making monthly payments for electricity, telephone bills etc. Such instructions may please be issued & reiterated periodically.
6. Para 71: No action is taken to ensure that information of all Stake Holders including States/UTs is included & updated periodically in Web Site of Nodal Ministry. There is a need for Separate Web Site for Senior Citizens.
7. Paras 72 to 77: No action is taken to communicate with any NGOs, Trusts, Charities, Trade Unions, Professional Bodies etc for any of these provisions nor policy decided to give grant-in aid etc to such important Stake Holders, though issuing instructions do not require any huge funds. This may be done now very early.
8. Para 78 & 79: No action is taken on these very important provisions even after 12 years. This may be expedite now.
9. Paras 80 to 87: No action is taken. Please, expedite the action in consultation with concerned Ministries & Media and issue comprehensive instructions to all concerned Stake Holders very early.
10. Para 88-89: No communication is made either by Nodal Ministry or Ministry of Information & Broadcasting with Media for these provisions. Kindly, pursue the implementation of these provisions and stress on Media to give some space regularly/periodically in all Newspapers & ½ hour slot in TV Media every Week or periodically for various aspects of life of Senior Citizens.
11. Para 90: Absolutely no action is taken by Nodal Ministry to ensure that various features of Policy remain in constant Public Focus. Even advertisements twice in a year on Ist Oct for World Elders` Day and 15th June on World Elder Abuse Awareness Day are forgotten!! No State/UT also bother about any aspects of Policy and do not give any advertisements for public focus!!
12. Para 91: No efforts have been made by Nodal Ministry to collaborate with Organizations of Senior Citizens, even though represented to recognize the registered associations of senior citizens for continuous dialogue and keeping them informed about good work done by government for welfare of senior citizens!! This may be looked in to sincerely & seriously and provisions implemented early. This does not require any Budget Provisions!!
13. Para 92: No bureau of Senior Citizens is set up. Meetings of NCOP & Inter-Ministerial Committees are not held regularly to achieve implementation of any provisions of the Policy!! There is absolutely no coordination with State/UTs either for implementation or for monitoring!!
14. Para 93: Factual position as per information received under RTI is that no Ministry prepares Five Year or Annual Plans. This is not done by Nodal Ministry also regularly, no targets are ever fixed, responsibility never fixed or even thought of and not got implemented by Stake Holders.
15. Para 95: Nothing is known about such training!
16. Para 96: Detailed working with number of meeting to be held and machinery to implement the decisions of such Council may be laid down in detail.
17. Para 97: No action even to initiate such NAOP at any level in 12 years nor existing Associations are recognized and given some status for negotiations etc.
18. Para 98: No instructions are issued for this by Nodal Ministry or any State/UTs.
iv) Reasons for forwarding PMO`s letter dt 5-9-11 to U to only Railway Ministry under your letter no. 15-39/(12)/2006-07-AG dt 28-10-11 and copy to me may please be advised. It is presumed that replies for other Ministries will be given by U and is so, position of all matters may kindly be given, asking them to make proper Budget Provisions in the forthcoming Budget.
v) In terms of Sec 4© & (d) of RTI Act, 2005, Public Authority has to provide reasons for its administrative decisions to affected persons. Para 8 & 9 of Guide Lines to Public Authority-Part II of Memorandum no. 1/4/2009-IR dt 5-10-09 issued by DOPT reads as under:-
Publication of Facts about Policies and Decisions
8. Public authorities formulate policies and take various decisions from time to time. As
provided in the Act, while formulating important policies or announcing the decisions affecting
the public, the public authority should publish all relevant facts about such policies and
decisions for the information of public at large.
Providing Reasons for Decisions
9. The public authorities take various administrative and quasi-judicial decisions which
affect the interests of certain persons. It is mandatory for the concerned public authority to
provide reasons for such decisions to the affected persons.
5) Fee of Rs 10 is paid in Post Office.
(M.V.Ruparelia)
Mira Road 9-1-12. Signature of the Applicant
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