National Policy, 99 not fully implemented.

National Policy, 99 not implemented fully.                                 M.V.Ruparelia.

1. National Policy of Older Persons, 1999 was announced on 13-2-99 with the approval of Cabinet, covering all aspects required to be taken into account for real welfare of Older Persons. It is really a very comprehensive and extraordinary document leaving not a single aspect affecting the lives of Senior Citizens with clear directives for implementation. The Policy declares the Older Persons as respected Citizens requiring strengthening of their legitimate place in the Society and to take all actions to help them to live their last phase of life with Purpose, Dignity and Peace. It recognizes the Older Persons as a Resource of the Country. It lays down in clear terms that each Ministry will prepare Five Year & Annual ACTION PLANS to implement aspects which concern them (Para 93) by fixing Targets and Time Schedules to take steps to ensure flow of all benefits to older persons. Ministry of Social Justice is nominated as Nodal Ministry to coordinate all matters relating to implementation of Policy (Para 92). Inspite of such clear directives, many provisions remain unimplemented even after 13 long years. This is mainly due to Nodal Ministry considered the Policy as guidelines only. Other Ministries, when approached even under RTI to advise action taken by them in all these years advised that only Nodal Ministry has to reply for this subject. Ultimately, Chief Information Commissioner, Delhi vide his 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 took note of non-implementation and gave clear directive to outline the plan of action in a time bound manner for the larger benefit of older persons. Let us see some of the important provisions, which  have remained unimplemented so far.

i)  Paras 16 to 18 of Policy lay down that opportunities will be made available for the development of the potential of senior citizens and services will be provided so that they can improve the quality of their lives. They should get opportunities & equitable share in development programmes & administrative actions. They should have chances & opportunities to lead an active, creative, productive & satisfying life. No action appears to have been taken by Nodal Ministry, Ministry of Human Resource Development and Ministry of Labour & Employment.

ii)  Para 19 lays down strengthening of social support system so that families can take care of senior citizens. Para 28 provides that some tax reliefs must be given to son/daughter, when parents co-reside. No action is taken. 

iii) Paras 21& 23 provide that senior citizens will be empowered to acquire better control over their lives & participate in decision-making on matters affecting them. No action to give them representation in Local Bodies, District/State/Central level official organs is taken so far. No action is also taken to expand social & community services nor making such services client-oriented & user-friendly.

iv) Paras 24 & 31 very clearly lay down that some level of income security will be given very high priority. Policy instruments to cover different income segments will be developed. Employment in income generating activities will be the choice of senior citizen and organizations, which provide career guidance; training and support services will be assisted. Age related discrimination in matter of entitlement to credit marketing & other facilities will be removed. Absolutely no action appears to have been taken by Finance Ministry on this! No action is taken by Nodal Ministry to develop Policy for classifying elders in different income segments.

v) Para 25 envisages to cover all senior citizens below poverty line for giving old age pension to provide some succor and to ensure periodical revision of such pension to see that inflation does not deflate its real purchasing power. There is no definition of Below Poverty Line neither in Policy nor with any departments of the entire Government. Planning Cell has different considerations for their purpose, Ministry of Rural development has their own 13 considerations, other than financial limit of income for their purpose of planning their schemes, Ministry of Urban Poverty Elimination has no norms at all! Rural Ministry allocates Rs 200 p.m. to senior citizens belonging to BPL Families classified so as per their norms in Rural areas with request to States to give similar amount. Pension of about Rs 400 to ageing senior citizens is a mockery of Human beings! Nodal Ministry should define Below Poverty Line, as required under para 24 and ensure proper amount of pension.

vi) Para 34 lays down that health care needs of elders will be given high priority and goal will be affordable health services, very heavily subsidized for poor and graded system of user charges for others. Though NPHCE may provide more geriatric care, nothing appears to have been done for those above BPL Category for affordable Health Care Services by issuing or getting issued instructions to Organizations of Hospitals, Doctors, Specialists, Chemists etc to give concessions to senior citizens, as done for Transport, though Affordable Health Care is more important.

vii) Para 36 lays down development of health insurance to cater to the needs of different income segments of population and giving reliefs & concessions for health insurance to enlarge the base of coverage and make them affordable. No decision is taken by Finance Ministry even after obtaining suggestions from Government appointed Sastry Committee and receiving final recommendations thereon from Government Agency of IRDA in 2009 for giving relief in premium to above BPL Senior Citizens.

viii) Para 37 lays down that Trusts, Charitable societies & voluntary agencies will be promoted, encouraged & assisted by way of grants, tax relief & land at subsidized rates to provide free beds, medicine & treatment to very poor & reasonable user charges for other senior citizens. Definition of poor in Bombay Trust Act etc is an indigent person, whose total income does not exceed Rs 3600 p.a. and person belonging to weaker section means those, whose income does not exceed Rs 15000 p.a. Most of Hospitals given these concessions are not giving required reliefs to even such senior citizens. Nodal Ministry must classify elders in different income segments and fix reasonable income limits for this.  Policy must lay down the definition of poor & others and enter in to agreement with Trusts etc given free land etc. Para 38 lays down that private hospitals provided land etc at less than market rate will be asked to give discount to senior citizens. No instructions appear to have been issued.

ix) Para 39 to 47 lay down that senior citizens will not be subjected to long waits for treatment & tests. Most of the Public Hospitals do not follow these instructions in right spirit. Some have provided separate que for taking case paper but elders have to wait in common que for going to various doctors and tests. Strict instructions are required to be reiterated from time to time and compliance ensured. Geriatric wards are not set up in most of public hospitals, especially in Railways & Defence Departments having separate facilities. Training in geriatric care is also not given in such hospitals. No welfare fund is provided in such hospitals. Education Material prepared by Ministry of Health & other agencies for self care, proper diet etc is not given to any senior citizens or their associations. Private doctors, consultants, pathologists, chemists should be requested to give some concessions to elders.

x) Para 48 to 53 lay down that 10 % of houses will be earmarked for senior citizens. Even Housing Boards under government do not follow this. No one bothers about layouts of housing colonies being elder-friendly. No instructions appear to have been issued to provide Group Housing with common service facilities for meals, laundry, common room, rest room etc. No instructions appear to have been issued about avoiding noise pollution for strict enforcement.

xi) Para 54 lays down that local bodies providing public utilities will give top priority to attending complaints of senior citizens and promptly dealing with various matters pertaining to senior citizens. No instructions appear to have been issued to municipalities, banks and private & public agencies providing public utilities to elders. Instructions must be reiterated and compliance ensured.

xii) Paras 55 to 58 lay down that education, training and information needs of elders including career development, recreation, imparting skills in community work & welfare activities etc will be met by using mass media and non-formal communication channels. Schools were to be encouraged to develop out-reach programmes for inter acting with elders on regular basis, participating in running of senior citizens centres & develop activities for them. Information on ageing process & changing roles, responsibilities & relationships at different stages of life cycles were to be prepared. Contributions of elders were to be highlighted through media and negative images, myths & stereotypes were to be dispelled. No action appears to have been taken by Ministry of Education and/or HRD for any of these very important provisions.  

xiii)  Para 59 lays down that main thrust of welfare will be to identify the more vulnerable among elders such as poor, the disabled, the infirm, the chronically sick & those without family support and provide welfare services to them on priority basis. No instructions are issued nor any machinery for such identification is laid down by nodal ministry nor any welfare services for such section of elders are provided.  

xiv) Para 63 lays down to set up a Welfare Fund at Centre and State/UT level but this has not be done by Finance Ministry even after 13 years.

xv) Para 65 lays down the introduction of special provisions in IPC to protect elders from domestic violence. Protection was to be provided against fraudulent dealings & of physical & emotional abuse within the household by family members to force to part with ownership rights. Widows were to be given rights of inheritance, occupancy etc. Ministry of Law has not taken any action on this.

xvi) Para 68 lays down fare concessions in all modes of travel. Unions of rickshaws & taxies should be requested to give some concessions. Strict enforcement of traffic discipline at zebra crossings is laid down but nothing is done to ensure this. No priority is given in gas connections. No instructions are issued to give concessions in entertainment places like cinema, drama theaters, hotels etc.

xvii) Para 69 was to lay down proper machinery to ensure speedy disposal of complaints of elders relating to fraudulent dealings, cheating & other matters but no special machinery appears to have been established, except general instructions in MWPSC Act, 2007.

xviii) Para 70 lays down highlighting of issues of elders every year on National Older Persons Day. All ministries/departments at Centre/State/UT/Municipal/District levels, NGOs, Media etc are required to celebrate this Day as World Elder Day but due to indifferent attitude towards Elders, nothing is visible. Nodal Ministry must ensure the proper celebrations throughout the Country. It also lays down that activities during the year will be planned & executed with participation of different organizations. No activities appear to be held or planned by Nodal Ministry or State/UT/Local Bodies! Detailed planning and instructions are required to be issued.

xix) Para 71 lays down the continuous compilation and proper dissemination of all concessions, facilities & reliefs given to elders by central/state and other agencies. No action appears to be taken to disseminate any information from time to time. Information on this in Web Site is not updated regularly.

xx)  Para 72 & 73 recognizes NGOs as important institutional mechanism to provide user-friendly affordable services to elders. It is laid down that there will be continuous dialogue & communication with NGOs on ageing issues & on services to be provided. Voluntary effort of these NGOs will be promoted & supported in big way. Nodal Ministry has miserably failed to have any dialogue with any of the NGOs of senior citizens in these 13 years on any ageing issues! Ministry of Personnel, P.G. & Pensions, which is a Nodal Ministry for all Pensioners of all departments, has recognized as many as 78 Associations of Pensioners and these are supplied with all circulars and are allowed to represent the grievances of pensioners. 27 Associations of Pensioners have been provided with Pension Portals-Hard ware, Soft ware & Training at the cost of Ministry and are paid Rs 75000 p.a. for telephone, internet connection, stationery, AMC/Battery replacement, subsidy towards rent for office building, water, electricity etc and honorarium of part time Data Entry Operator to each of these 27 Associations (Lr.No55 (6)2012-P&P© dt 28-3-12).  They have established SCOVA, which meets regularly. Their Web Site provides direct contact with them by Pensioners & Associations for their grievances. Our Nodal Ministry has not recognized a single Association or sending a single circular to any of the Associations.

xxi) Para 74 envisages that Trusts, Charities, Religious & Other Endowments will be encouraged to extend their areas of concern to provide services to elders by involving them on ageing issues. No instructions are issued by anybody during these 13 years.

xxii) Para 75 lays down that elders will be encouraged to recognize themselves to provide services to fellow senior citizens thereby making use of their professional knowledge, expertise & contacts. No efforts are made to approach or encourage any elders or their associations for this in 13 years!

xxiii) Para 76 lays down that Trade Unions, Employers` Organizations and Professional Bodies will be approached to organize sensitivity programmes for their members on ageing issues & promote and organize services for superannuated workers. No instructions appear to have been issued.

xxiv) Para 78 and 79 provides that facilities will be made available to realize the potentials of senior citizens, enabling them to make appropriate choices. Special programmes will be designed & disseminated through media so that senior citizens including women can enrich & update their knowledge, integrate tradition with contemporary needs and transmit more effectively socio-cultural heritage to the grand children. Programmes arranged by Ministry of I. & B. are not given prior publicity. Private Channels & Newspapers are not requested to do needful.

xxv) Paras 80 to 82 provides that programmes will be developed to promote family-values, sensitize the young on necessity of meeting filial obligations. State policies will encourage children to co-reside with their parents by providing tax relief and giving preferences in allotment of houses. NGOs will be encouraged & assisted to provide services which reach out to elders in their home or in ``Community Short Term Stay Facilities``, so that families get some relief when they go out. Counseling services will be strengthened to relieve intra-familial stresses. No action appears to have been taken.

xxvi) Paras 83 & 84 provides to have good data base on ageing. Funding support will be provided to academic bodies for research projects on ageing. Retired Scientists will be assisted so that their professional knowledge can be utilized. Corporate bodies, Banks, Trusts and Endowments will be requested to institute chairs in universities and medical colleges in gerontological and geriatrics. Professional associations of gerontologists will be assisted to strengthen research activities, disseminate findings& provide platform for dialogue, debate and exchange of information. Data Collecting Agencies will be requested to have a separate age category 60+years and above. No action appears to have been taken.

xxvii) Paras 86 & 87 provides that facilities will be provided and assistance given for training & orientation to NGOs providing service to elders. Assistance will be given for development & organization of sensitization programmes on ageing for legislative, judicial & executive wings at different levels. No action appears to have been taken.

xxviii) Paras 88 & 89 recognizes that Media has very important role to play in highlighting the changing situation of elders and in identifying emerging issues & areas of action. Creative use of Media can promote the concept of active ageing and help dispel stereotypes & negative images about this stage of life cycle. Media can also help to strengthen inter-generation bonds and provide individuals, families and groups with information & educational material, which will give better understanding of the ageing process and ways to handle problems as they arise. Media & Communication Channels will be provided opportunities to have access to information apart from their independent sources of information & reporting of field situations. Opportunities will be extended for greater interaction between Media personnel and persons in active field of ageing. No instructions appear to have been issued to various Newspapers & TV Channels for this.

xxix) Para 90 lays down that National Policy will be widely disseminated for which ACTION PLAN will be prepared so that its features remain in constant PUBLIC FOCUS. No action plan is prepared even after 13 years. Ministry of Personnel has prepared action plan for Right To Information Act, 2005 and is continuously encouraging Citizens through advertisements in Newspapers, TV Media and seminars etc to use it inspite of dislike, hate & objections by most of the Public Authorities!! They have provided Guide Lines to Applicants, Chief Public Information Officers and Appellate Authorities, provided training to all etc. Our Nodal Ministry has done absolutely nothing to implement this very important provision. Even well intended and very useful Scheme of Integrated Programme and celebrations of World Elder Day and World Elder Abuse Awareness Day are not given due publicity.

xxx) Para 91 clearly mentions that Policy will make a change in the lives of senior citizens only, if implemented. It also mentions that Apex Level Organizations of Senior Citizens have special responsibility to function as WATCHDOG, energize continuing action, mobilize Public Opinion & GENERATE PRESSURE for implementation of this Policy! No machinery is laid down to listen any Organization of Elders!!

xxxi) Para 92 nominates Ministry of Social Justice as Nodal Ministry to COORDINATE all matters relating to implementation. A separate Bureau is recently set up but not exclusively for senior citizens. Drug Addiction Abolition is also attached. States were also required to set separate Directorate but no state appears to have done this. Inter-Ministerial Committees are not meeting regularly and are not effective in coordinating & monitoring. Meetings of this Committee are held with action plans prepared by Nodal Ministry without reference to Paras of Policy instead of each Ministry preparing their Five Year & Annual Action Plans in terms of para 93 of Policy. Meetings are not attended by all and not sincerely & seriously. Minutes of such meetings do not give any reasons for not taking any action even on items suggested by Nodal Ministry nor any indication of action taken by each Ministry on any items.

xxxii) Para 93 clearly lays down the responsibility for implementation on each Ministry. Each Ministry is required to prepare Five Year & Annual Action Plan for all aspects concerning them with targets and time schedules. It is regrettable that no Ministry does this. Perhaps, they are not even aware as to with which Provisions (paras) of Policy and general programmes and schemes specifically formulated, they are concerned! No ministry indicates progress achieved for their concerns in their Annual Reports! It is necessary that responsibility for implementation of ACTION POINTS for each Ministry is specified by Nodal Ministry.

xxxiii) Para 94 lays down that every three years a detailed review will be prepared by the nodal Ministry on the implementation of the National Policy. There will be non-official participation in the preparation of the document. The review will be a public document. It will be discussed in a National Convention. State Governments and Union Territory Administrations will be urged to take similar action. No such Public Document with participation of non-official participation is ever prepared in 13 years either by Nodal Ministry or any State/UT! No National Convention of Senior Citizens is ever held!!

xxxiv) Para 95 talks about National Council of Older Persons(NCOP, now NCSrC) with adequate representation of non-official members. The NCSrC will advise Central and State Governments on the entire gamut of issues related to welfare of senior citizens and enhancement of' their quality of life. It will meet at least twice in a year. There will be 25 members-5 each from Senior Citizens Associations, Pensioners Associations, NGOs working for senior citizens, experts in the field of ageing and prominent senior citizens group to represent 12 crore Senior Citizens of the Country. Meetings are not held regularly and Council does not appear to have achieved its allotted goal.

xxxv) Para 96 lays down the establishment of National Association of Older Persons (NAOP) at centre, state & district level to mobilize senior citizens, particulate their interests, promote & undertake programmes & activities for their wellbeing and to ADVISE the government on all matters relating to senior citizens. Such important Organizations are not established even after 13 years and Review Committee has not found such Organizations necessary and have omitted this from their recommendations!! Government has decided to give financial assistance for 5 years against 15 years provided in Policy to Associations of Senior Citizens at State, District and Division level under Integrated Programme and found no necessity of any Negotiating Organizations at Centre, State, District, Local Municipal levels, except National Council (Para 95)! Not a single Association of Senior Citizens appears to have taken any financial help under Integrated Programme so far.

xxxvi) Para 97 lays down that Panchayati Raj Institutions will be encouraged to participate in implementation of Policy, address local level issues & needs of elders. They will provide Forums for discussing concerns of elders at Panchayat, Block & District level. They will mobilize the talents & skills of elders and draw up plans for utilizing these at local level. No instructions appear to have been issued to Municipalities for this by Ministry of Panchayati Raj or State/UT governments!

xxxvii) Last para 98 lays down to take help of experts of Public Administration for effective implementation of Policy at different levels from time to time in preparing details of Organizational Set Up for implementation, coordination & monitoring of the Policy. Had this been done, there would have been less number of non-implemented provisions of the Policy.

xxxviii) Schemes of Integrated Programme, Maintenance & Welfare of Parents and Senior Citizens Act, 2007 and two Reverse Mortgage Schemes are in implementation of some provisions of this Policy, 99 and are required to be implemented fully.

3. It would be observed from the above analysis that main reasons for non-implementation of many provisions of Policy, 99 are:-

 a) No wide publicity of Policy to create awareness amongst beneficiaries Senior Citizens and Stake Holders like Ministries concerned, States/UTs, NGOs, Media & Society. (Para 90)

b) No monitoring by Nodal Ministry nor negotiating with any of the Associations of Senior Citizens. (Para 73, 91-92).

c) Instead of making Ministries responsible for implementation of provisions concerning them by preparation of Five Year & Annual Action Plan with targets & Time Schedules, haphazardly holding Inter-Ministerial Committee meetings irregularly. (Para 93).

d) Not issuing or not getting issued instructions by concerned Ministries to Media, NGOS, Trusts, Charitable Institutes running Hospitals, Private & Public Agencies providing Public Utilities, Schools & Colleges, Universities, Local Bodies, Corporates, Builders` Lobbies, Housing Boards, Banks, Census Department, Experts of Public Administration etc for provisions pertaining to them, as laid down in Policy.