Non-implementation by Central Ministries & State Governments/UTs of Various Policies decided and notified by the Government for Welfare of 12 crore Elders of the Country.

All India Senior Citizens National Protest Day- 16^th August, 2013.

                               ``Right Every Wrong``              Satyamev Jayte.

M.V.Ruparelia, A503 Rashmi Utsav, Near Jangid Estate & Vijay Park,

Mira Road (East) Dist. Thane. 401107. M. 09821732855   E/Mail: mvrup@yahoo.co.in

MEMRANDUM TO OUR BELOVED PRIME MINISTER  Dr. MANMOHAN SINGH BY THE SENIOR CITIZENS OF INDIA

To                                                                                                August 3, 2013. 

 Dr Manmohan Singh, Honorable Prime Minister of India

South Block, Raisina Hill, New Delhi-110101.

Mananivar Pradhan Mantri Ji,   

                                    

Sub: Non-implementation by Central Ministries & State Governments/UTs of Various Policies decided and notified by the Government for Welfare of 12 crore Elders of the Country.

1. As you may be aware, Government had notified National Policy for Older Persons, 99 with the approval of Cabinet on 13-2-99. It was provided in its Mandate & Policy Statement to take effective steps to improve the quality of life of all Elders, strengthen their legitimate place in society and help them to live their last spell of life with purpose, dignity and peace. Para 18 of the Policy provides that age 60+ is a phase, when individual should have chances and opportunities to lead an active, creative, productive and satisfying life. Large number of provisions of NPOP, 99 is not yet implemented even after 14 years and most of the States/UTs have not even adopted/accepted the Policy. Expectations of your 12 crore Elders promised by Government in Policy, 99 are not met with, which is considered as Elder Abuse by Government as per definition of INPEA. All Ministries of Central & State/UT governments are the apex authority of Government of India at the national/state level to formulate policies, sponsor and support programmes of the Government. It is regretted that not a single Ministry/Department of Centre and State/UT has sincerely taken any steps to act as per these provisions in Mandate & Policy Statement and on many other provisions of the Policy, 99 even after 14 full years. We have been representing to you, concerned Ministers by name of Central Government and Chief Ministers of States/UTs for our various demands through Memorandum issued on first Protest day of 16-8-10, second Solidarity Day on 16-8-11 and third Solidarity Day on 16-8-12. We have also been requesting you and others well in advance of preparation of Budgets to provide funds for our demands but no sincere efforts are made to implement many of the provisions of various policies announced by the Government. We observe that Elders of the Country are repeatedly ignored by Central, State & Local Bodies and as such 12 crore Senior Citizens have united and decided to observe again 16-8-13 as National Protest Day. We have full faith in your leadership and appreciate your actions for reforming Babuldom through ``The Right of Citizens for time-bound delivery of goods & services & Redressal of their Grievances Bill, 2011``and keeping Vision & Mission Of your Government to facilitate pursuit of excellence in governance for the benefit of all citizens and to foster excellence in governance and pursuit of administrative reforms through improvements in government structures and processes; Promoting citizen-centric governance with emphasis on grievance redressal etc. We, therefore, request you to write personal D.O. letter and talk to each Central Minister and Chief Ministers of State/UTs in your next meeting with them to personally look in to this Policy, 99 and take immediate action on each provision of this 14 year old Policy by preparing Five Year and Annual Action Plans for their areas of function.

i)                2. Provide Separate Ministry/Department: Ministry of Social Justice is nominated as Nodal Ministry for Welfare of Elders. This Ministry deals with many subjects other than welfare of Senior Citizens and is not able to take appropriate & prompt action for welfare of Elders of the Country. We request you to give us a separate Ministry for 12 crore Senior Citizens (10% of total population, 13% of electorate and 21% of effective voters), keeping in view the likely position of having a huge population of Elders in coming years. The Department of Pension & Pensioners' Welfare is the nodal department for formulation of policies relating to pension and other retirement benefits of Central Govt. Apart from formulation of pension policy for the Central Govt. Pensioners/Family Pensioners, it also seeks to promote pensioners welfare and serves as a forum for the redressal of Pensioners' grievances. It has recognized many Associations of Pensioners and holds regular negotiations with them through SCOVA, provides Computer Portals and finance for that to several Associations and sends all circulars etc to Associations. Ministry of Social Justice is not creating National and State/District Associations of Older Persons (NAOP), as laid down in Policy nor recognizing any existing Associations for negotiation & dissemination of information, not even pursuing with other Ministries through Inter-Ministerial Committee, last meeting was held on 7-2-08. If separate Ministry for Senior Citizens is not possible, this nodal Ministry may be merged with Pension Ministry. Meanwhile, a separate Bureau for Senior Citizen may be created as per para 92 of National Policy, 99 by providing sufficient staff and officers up to Secretary Level with pro-elder aptitude and attitude. Recently, this Ministry was bifurcated and matters pertaining to Senior Citizens were put under charge of Joint Secretary with other subjects. Looking to the deplorable position of pending issues of Elders, it is absolutely necessary to provide independent full time Secretary, Joint Secretary, Directors etc not only at Centre but also at State Level. National/State Commissions for Senior Citizens for ensuring no violations of Rights Of Senior Citizens are also necessary.

ii)               

iii)            3. Provide Negotiating Machinery: You will be surprised to know that at present, neither Nodal Ministry nor any other Ministry even sends a copy of circular/instructions affecting Elders to any of the Associations of Senior Citizens. Recognition of various Associations, as done by Ministry of Pension for Associations of Pensioners is necessary. One of the main requirement of NPOP, 99 is wide dissemination of information to Senior Citizens and their Organizations, so that they can function as watchdog, energize continuing action, mobilize public opinion and generate pressure for implementation of Policy, as laid down in para 91.

iv)             Para 72 lays down that there will be continuous dialogue and communications with NGOs on ageing issues and on services to be provided. Para 90 provides that National Policy will be widely disseminated. Negotiation & Dissemination is completely neglected by Nodal Ministry. Separate Negotiating Machinery by recognizing existing registered Federations of Senior Citizens and separate Web Site for Senior Citizens may kindly be got implemented to help early implementation of all policies.

4. New Revised National Policy for Senior Citizens: Nodal Minister was given Revised Policy on 30-3-11 by Committee, nominated on 28-1-10, in which large number of Government representatives were nominated with only 4 representatives of 12 crore elders and is lying in Ministry for more than 27 months. From the time Review Committee was appointed on 28-1-10, action is not being taken on provisions of NPOP, 99 nor on suggestions by Review Committee. It is necessary that New Policy is notified early. Nodal Ministry should give to each Stake Holder a list of provisions concerning them and Five Year & Annual Action Plans obtained from them for early implementation.

5. Increase Indira Gandhi National Old Age Pension (IGNOAPS): As per para 25 of Policy, 99, BPL Senior Citizens were to be provided with Old Age Pension as succor and rates of monthly pension were to be revised at intervals so that inflation does not deflate its real purchasing power. Task Force by Rural Ministry has suggested to increase pension from Rs 200 to meager amount of Rs 300 p.m. from 1-4-13 to those belonging to BPL Family and not to all BPL Elders! According to your Speech on 19-11-07 for launching IGNOAP for providing a Social Safety Net for poor & vulnerable and to universalize coverage to all those who are old, poor and needy, this Old Age Pension was to be paid to all citizens above 65 (now 60) years and living below poverty line. There are no orders from your side to restrict this pension to only those belonging to BPL Family. Amount of Rs 300 is a mockery of Elders of the Country. Financial Constrains are for only helpless, ailing BPL Elders of a Highly Advanced & Financially Prosperous Country, which boasts in the ENTIRE WORLD for having RESPECT for their ELDERS!! Government spends Rs 20000 p.a. (more than Rs 1600 p.m.) for one Under Trial Prisoner and much more for convicts. Even alcoholic & drug addicts are granted Rs 900 p.m. by same Govt for food during their remaining in Anti-addict Centres! Kindly, look in to this mockery of Elders and increase the amount to Rs 2000 p.m., as demanded by Pension Parishad. Cases of 36 lakh senior citizens retired from private & public sector industries under EPF/EPS 95and similar schemes getting less than Rs 500 as monthly pension are also required to be considered sympathetically, keeping in view present inflationary position of market. The contribution of employers has to be increased from 1.16 to 8.33 for future retirees.

6. Provide Avenues of Utilization of Elders: Even after 14 years of formation of the Policy for overall upliftment of Senior Citizens in paras 20, 21, 31, 55, 78, 79 etc, nothing is done for their proper utilization. Many pensioners feel lonely and require some avenues of passing their time usefully. Ministry of Human Resource Development has to provide proper education to retired staff, which plays a significant and remedial role in balancing the socio-economic fabric of the Country. 12 crore Elders of the Country are declared as huge untapped resource (Para 78) for which facilities are to be made available to use their potentiality as per their choice.

7. Change the Attitude of Finance Ministry & Planning Commission towards Elders: Elders of the Country has labored hard to get Independence & bringing the present prosperity to the Country. Any Country forgetting this and giving step motherly treatment to their Elders, which these two departments are doing, will lead the Country nowhere! As per provisions in Policy, both these departments have to facilitate budgetary provisions required for implementation (Para 93); to provide Welfare Fund (Para 63) and facilitate various income generating activities, giving tax reliefs, ensuring proper return for investment, subsidy for insurance etc (Paras 24 to 32). Our experience for each of the provisions indicates that officials & Minister are prejudiced against Elders of the Country and not helpful at all. We shall give recent examples of this attitude. In a recent meeting held with Banks on 15-11-12, Finance Minister advised that the additional interest for senior citizens may be reasonable but not excessive. The present extra rate of interest for Elders is meager ½% , which is mockery of Elders of the Country and not at all reasonable, which was reduced to insulting ¼ % by State Bank of India due to such advice, continuing 1% extra for all Bank employees, Directors etc !! Sastry Committee`s recommendations, recommended by IRDA in their letter dt 25-5-09 for giving subsidy of Rs 2000 or so for each Medi-claim Policy of Senior Citizens is not being accepted. Planning Commission did not give funds for Old Age Homes for deserted Elders in 12^th Plan!! Kindly, fix certain % of total gross income of the Country for welfare of your Elders. Please, counsel these two departments suitably and get funds for various provisions.

8. Implementation of Maintenance & Welfare of Parents & Senior Citizens Act, 2007: 10 States and 6 UTs have not yet operationalized this Act even after 6 years! Not a single State/UT has yet provided Old Age Home. No District Magistrates give wide publicity to the Act nor about Government Programmes for welfare of Elders; No State Councils nor District Committees are formed, no up to date lists of all senior citizens living in jurisdiction of each Police Station and formation of  Volunteers` Committees for each Police Station are formed, as laid down. Many States have not provided for punishments for abandoning parents; restoring right to property in cases of not taking care of parents after getting property transferred and provision of free medical care in government hospitals, as provided in Act.

9. Rashtriya Swasthya Bima Yojna (RSBY): Para 2.8.3 of Report of XII Five Year Plan (2012-17) Working Group on ``Social Welfare``(October, 2011 recommended to provide insurance to the extent of Rs 1 lakh in place of existing Rs 30000. This is required to be implemented early. Moreover, present limit of 5 members in a family does not give benefit to senior citizens. RSBY is required to be modified on lines of Schemes being implemented by Maharashtra, Andhra & Tamilnadu States.

10. Create respect for Elders in the Society & Government: It is observed that Elders of the Country are not treated well in Society, as were being treated earlier-Matru Devo Bhav-Pitru Devo Bhav. Recent Help Age Report on Elder Abuse indicates this. They are treated as ``Spent Force`` by Government, which is apparent in non implementation of various notified and declared Policies. Para 15 of Policy, 99 states that State will strengthen the legitimate place of Elders in the Society. Para 18 states that Elders should have chances and opportunities to lead an active, creative, productive and satisfying life. State has to strengthen inter generational bonds and mutually supporting relationships. State has to encourage capable Senior Citizens to provide service to other senior citizens in need of help. It is necessary that the Family Support System continues to be functional to discharge its caring responsibilities, sensitizing the young on necessity & desirability of inter generational bonding etc. Each provision in Policy is important and requires highlighting by Ministry of Information & Broadcasting. Various provisions of Maintenance & Welfare of Parents & Senior Citizens Act, 2007 about looking after Elders by Children, providing meeting places and safety by Police etc also need highlighting & propaganda by this Ministry. Radio having become less popular, programmes on all channels of Doordarshan is necessary. Cooperation of all Newspapers, private TV Channels and Bollywood etc is also absolutely necessary for creative use of entire Media for highlighting continuously the changing situations of Elders, active ageing, intergeneration bonds etc as per para 88 & 89. Only one episode of Satyamev Jayate has brought lot of awareness. Pre advertised and pre fixed slots and participation of entire Media including Bollywood, Newspapers & all TV channels are to be encouraged/instructed by I & B Ministry. Para 2.9.11 of the Report of XIIth Five Year Plan (2012-17) Working Group on Social Welfare of October, 11 reads as under: ``A weekly programme of one hour duration should be introduced in Doordarshan on various issues and concerns relating senior citizens viz health care, security, need for care & maintenance etc.`` This should be implemented early.

We have represented only 10 important issues for welfare of more than 10 crore Elders of the Country with earnest hope that Our Beloved Prime Minister, one amongst us, will make his Cabinet Members and all Chief Ministers realize the need of helping the Elders of the Country sincerely and promptly by implementing the Policies already decided and declared long ago.

We shall be obliged, if action taken is advised in terms of para 66 & 67 of Central Secretariat Manual and DOPT repeated instructions, last being 55/20/2012-P&PW© dt 18-2-13, indicating your plan of action.

Thanking You,

Yours Sincerely,

(M.V.Ruparelia)

Non-implementation of National Policy on Older Persons, 1999 by Ministry of Urban Development.

To                                              Date: 24-7-13.

Shri Kamal Nath, Hon Minister of Urban Development, 

Government of India, Nirman Bhawan, Maulana Azad Road,

New Delhi 110011.

Respected Sir,                 

Sub: Non-implementation of National Policy on Older Persons, 1999 by Ministry of Urban Development.

1.     The Ministry of Urban Development is the apex authority of Government of India at the national level to formulate policies, sponsor and support programme, coordinate the activities of various Central Ministries, State Governments and other nodal authorities and monitor the programmes concerning all the issues of Urban Development, Public Works Department and functioning of all local bodies like Municipal Corporations, Municipalities & Local Self Government Administrations except Panchayati Raj Institutes.

2.     Government of India had announced National Policy on Older Persons, 1999 on 13-2-99 with the approval of Cabinet. Para 93 of the Policy directs each Ministry to implement the aspects concerning them by preparing Five Year and Annual Action Plan with targets. Para 18 of the Policy envisages that age 60+ is a phase, when individual should have chances and opportunities to lead an active, creative, productive and satisfying life. Mandate and National Policy Statement of Policy in paras 12 to 23 directs the Government to help Senior Citizens in all respects to live last phase of their life with Purpose, Dignity & Peace.

3.      Provisions pertaining to your Ministry are as under:-

i)                Para 97 of the Policy lays down that Local Bodies will be encouraged to participate in implementation of Policy, address local level issues and needs of the ageing and implement programmes for them. They will provide forums for discussing concerns of Senior Citizens and activities that need to be taken.

ii)              Para 48 of the Policy  lays down that Housing Schemes will earmark 10% of the houses, house sites for Elders. Elders will be given easy access to loans for purchase of houses, repairs etc.

iii)            As per para 49, layout of housing colonies will have to respond to the life style of Elders etc.

iv)             Para 50 encourages Group Housing for Elders.

v)               Para 61expects grants in aid to voluntary organizations for providing subsidized housing to poor elders.

vi)             Para 82 expects policies to encourage younger generation to co-reside with elders and to be given preference in allotment of houses, NGOs to be encouraged to provide in-house service to elders etc. There is provision for poverty alleviation of Elders in urban areas etc.

4.     We enclose a copy of instructions dt 30-10-12 issued by Ministry of Panchayati Raj to all Principal Secretaries/Secretaries of States/UTs to encourage Panchayati Raj Institutes to implement the National Policy, 99, address local level issues and needs of the ageing and implement programmes for them. We request you to issue proper detailed instructions for Municipalities/Corporations to follow, as 5 crore Urban Elders of the Country are under the care of your Ministry through Municipalities/Corporations. Targets are to be set by you within frame work of a time schedule. Responsibility for implementation of action is also required to be specified by you.

5.     We request that following aspects in addition to above may be considered at the time of issuing comprehensive instructions:-

i)                Municipalities to provide Day Care Centres etc as per Integrated Programme of Ministry of S.J.& E. in each ward. Integrated Programme is available on Web Site of Ministry of SJ&E and in absence of instructions from your side, no action is being taken by Local Bodies.

ii)               Constitute Ward Councils for consultations for Civic Problems by appointing seniors of the area, preferably from local association.

iii)             Provide Community Buildings for welfare activities for all citizens, giving separate space for seniors, arranging inter generation activities with students, youths etc.

iv)              Provide avenues for part time jobs, honorary utilization by giving training, as necessary.

v)                Have model instructions for builders for providing various facilities keeping in view ageing & lifestyle requirements of elders in all buildings, specially no physical barriers to their mobility, Easy accessibility to shopping complexes, reservation of 10% of houses in big colonies and Housing Boards for elders, Group Housing for elders (paras 48 to 54 of Policy).

vi)             Municipalities to provide more Nana-Nani Parks and separate earmarking for seniors in existing gardens with sufficient benches, zoolas & other facilities. Develop some gardens on line with Veer Savarkar Garden at Borivali (Mumbai) having sufficient built up place for Associations of Senior Citizens.

vii)            Each Ward Officer to be made Friend, Philosopher & Family Member of all elders in their area, making it obligatory to have full details of all elders staying in their jurisdiction.

viii)          Creating awareness amongst elders of each ward about facilities given and available by all agencies-government as well as corporate & private bodies, NGOs etc.

ix)             Concessions in fares in Municipal Transport with free travel for very elder ladies, toll tax etc may be considered.

             x)  Footpaths with handles, Zebra Crossings etc should be provided.

Hospitals: As Hospitals are under Municipalities, the following may also be included in instructions also:

xi) Separate ques at present are formed in Municipal Hospitals only for taking out case paper and senior citizens have to be in common que for going to Doctor of Faculty concerned. Instructions are required to be issued for separate ques for going to Dr and getting medicines also. Such instructions are necessary to Shopping Malls for Payment Counters and all other organizations providing public utility under licensing control of Local Bodies.

xii) Separate Health Care Units for Senior Citizens, as envisaged by Ministry of Health & F.W. in National Programme for Health Care of Elderly (NPHCE). Scheme is available in Web Site of Ministry of Health & F.W.

xiii)  Geriatric Units in Hospitals attached to Medical Colleges as per NPHCE  and

 Physiotherapy Units at CHE as per NPHCE should be provided.

xiv)  Instructions to Private Charitable Hospitals/Clinics/Pathological units etc to provide separate ques, free treatment to poor & at concessional rate to others and various actions as per paras 33 to 54 of NPOP, 99 for Health & Nutrition and Public Trust Acts.

xv) As all Old Men Homes do not keep immobile seniors, Corporations may consider providing Old Men Homes exclusively for immobile elders, just as they provide Night Shelters for homeless citizens.

xvi)  Counseling Centres for Elders are very much necessary.

xvii) Provide free medical facilities in all Municipal Hospitals to Elders.

xviii) Celebrations of World Elder Day, Abuse Awareness Day etc should also be at each Ward level with Vayoshreshtha Awards on local basis.

6.     No action appears to have been taken in 14 years on these various provisions in the Policy. We request you to look in to this sorry state of affairs of non-implementation of Policy for benefit of 12 crore Elders of our Country even after 14 years and request to issue Guide Lines to all concerned as per various provisions concerning your Ministry. With your sincere and dynamic personality & tact of handling all situations very efficiently, we are sure that you will do needful promptly.

7.     We request you to give us reply in terms of para 66 & 67 of Central Secretariat Manual and DOPT repeated instructions, last being 55/20/2012-P&PW© dt 18-2-13,indicating your plan of action.

Thanking You,

Yours Sincerely,

(M.V.Ruparelia)

Copy to Shri T.R.Meena, Bureau in Charge of Senior Citizens, Ministry of Social Justice & Empowerment, Government of India, Shastri Bhawan, A Wing, Dr Rajendra Prasad Road,  New Delhi-110101 for necessary action.

Streamlining the working of CIC, New Delhi.

To                                                                               Date: 22-7-13.
Shri V. Narayanasamy, Hon Minister of State, Ministry of Personnel, P.G. & Pension,

North Block, New Delhi.110001.

Sub: Streamlining the working of CIC, New Delhi.

As per Vision & Mission Of your Ministry, YOUR Ministry has to facilitate pursuit of excellence in governance for the benefit of all citizens and has to foster excellence in governance and pursuit of administrative reforms through improvements in government structures and processes; Promoting citizen-centric governance with emphasis on grievance redressal etc. Your Ministry has to formulate and oversee implementation of common office procedures, Quality Management in Government including laying down norms and standards for processes and Administration & Coordination in looking after the internal administration including RTI and other activities. Your Ministry has taken initiative to bring Information to the Citizens for which you have enacted Right to Information Act 2005, which mandates timely response to citizen requests for government information. Your strategy to achieve this is to streamline the procedures and strengthening of infrastructure for handling Review and revision of RTI Act and Rules and related procedures, as per need; improving performance, bringing efficiency with transparency in public service, while keeping pace with the changing environment in the public service.  Your Ministry believes in attaining excellence through performance and superior client service that reflects your Ministry`s commitment to collaboration and the highest standards of quality.

In view of such a noble Vision & Mission and your campaign for Awareness Generation Programmes and simplifying procedures for filing RTI Application etc, we bring out the following difficulties faced by citizens in working of CIC for getting rectified, as our efforts with CIC have not brought any results:

1.     As per para 11 of your Notification no. GSR 603 dt 31-7-12, Appeals are to be processed by CIC by examining various documents etc. It is observed that in most of the Speaking Orders by ICs/CIC, there is no discussion of any documents sent by Appellant, though in every Notice advising date of Hearing, it is stated that in case of your absence, matter will be decided on the basis of record. Speaking Orders are passed on the basis of whatever is stated by the representative of Public Authority without reading/examining factual position brought out in IInd Appeal and rejoinder. In most of the cases, rejoinders are not registered and put on file at the time of Hearing. Strict provision is required to be made in your Notification dt 31-7-12 to bring out the contention of Appellant in IInd Appeal and Rejoinder in Speaking Orders and then to discuss and examine the contention of representative of Public Authority and give reasoned conclusion by Appellate Authority in his Decisions. If  ICs/CIC are not required to read and examine any papers sent as IInd Appeals by Appellants, their Registrars may be given this duty of bringing out the contention of Appellant to the notice of ICs/CIC during Hearing and to ensure that Speaking Orders include such contentions and reasons given by ICs/CIC rejecting each contention or accepting and directing representatives of CPIO/AA to give information. Annexure A indicating details of a few Speaking Orders ignoring the mention/examination of Appellant`s contention in IInd Appeals is enclosed. Perusal of these Decisions (on web site of CIC) on these cases even by an ordinary person with little commonsense having no deep knowledge of Natural Justice, Human Rights etc will  convince him about futility of these judgments delivered by learned ICs/CIC  for getting simple information from Public Authorities after waiting for 3-4 years of giving Application!!

2.     There is no provision for request/appeal against such Speaking Orders of ICs/CIC, where principles of natural justice are violated and Speaking Orders are passed without examining the contentions of Applicant in IInd Appeal/Complaint/Rejoinder. No action is taken on complaints against such basically faulty Decisions even after 15-20 reminders! In view of this, incorrect and irresponsible Decisions are increasing and citizens are loosing faith in the Act & Government. Preparation of Decisions is perhaps left to Registrars, as they are treated as Chief Executives of Commission on Judicial Side. There is no provision in your Notification about giving IInd Appeals to ICs/CIC for study/reading/examining and as such all papers sent by Appellant in IInd Appeal are just ignored/not taken notice of during Hearing. This results in incorrect Decisions and requires to be looked in to by your Ministry seriously and proper provision made in Notification; otherwise all your efforts to encourage Citizens to use RTI will miserably fail.

3.      As per para 12(2) of Notification, video conferencing is provided but no mention is made about Tele Conferencing, which is cheaper and very convenient, especially for senior citizens. This facility is invariably given by some of the ICs and CIC but some ICs/Registrars are not giving. This may please be included in your Notification and/or give directives to CIC that it should be given in all deserving cases.

4.     In para 6 of your Notification in Mode of Payment of Fees, no mention is made about Decision of Prime Minister to provide service by Postal Department as collection point of Applications/Appeals of whole of Central Government by paying fees to APIOs of Nominated Post Offices. Registrar of CIC does not accept such Applications through APIO of Nominated Post Office. Some other Public Authority also sometimes objects, though they do not reject Applications, as done by CIC Registrar. This facility through APIOs of Nominated Post Offices is very convenient for Citizens for which Citizens are thankful to P.M. & Postal Department and this should be included in your Notification and there should be no argument against this by any of the Public Authority, PSU, and Autonomous Bodies etc, as notified by Postal Department.

5.     As per para 10(3) (b) of your Notification, IInd Appeal will be considered only after Appellant has availed all remedies available to him under the Act. In cases, 

Appeals are required to be processed but CIC directs by letter to A.A. to give reply to Appellant within 15 days and asks Appellant to come up with Fresh IInd Appeal, if AA does not reply or his reply is not satisfactory. This is an incorrect practice making Appellant to spend for typing, zeroxing 4 copies-2 for CIC, 1 for CPIO & AA each again. One page of typing costs to the citizen Rs 10, and Rs 2 per large number of pages for zeroxing, heavy Speed Post charges etc. This practice should be got stopped and instead of practice of writing letter to AA, he should be summoned for Hearing.

6.     As per Notification no.CIC/Legal/2007/006 dt 13-2-08 and minutes of meeting held by CIC on 13-12-11, it was notified for the information of general public that the Appeals and Complaints filed by senior citizens shall be taken up by the Commission on priority basis and norms & procedure for according priority to Appellants in Hearing Appeals/Complaints filed before the Commission were decided in minutes dt 13-12-11. Appeals/Complaints from senior citizens and differently abled persons were to be put up to the Bench of the Commission where such cases are registered. This is not being done for last 5 years and not a single case of senior citizen is given any preference, inspite of showing on top of each Appeal/Complaint that preference is to be given in terms of CIC orders and age is indicated. Wrong information is being given by your Ministry to MPs for Parliamentary Questions that preference is being given, when there is not a single case of preference given for last 5 years and no record is maintained for this. This is serious and may be looked into for laying down proper instructions.

7.     CIC has a very well maintained Web Site and is very useful. There should be provision for ``Query`` on various matters of Act, Procedures etc, as stock reply by Registrars/Joint Secretary etc is that there is no procedure/instructions/no records etc. It is observed that in Status Position for Appeals/Complaints/Letters, date of appeal/complaint/letter given by citizens is not indicated and in many cases, name of Public Authority is also not given, resulting in difficulty to check up whether particular document is received and registered, especially when more than one documents of same date are sent. This may kindly be got rectified, as our efforts with CIC have failed.

8.     It has been notified by CIC that Appeals/Complaints sent by E/Mail will not be processed, if not followed by hard copy. This is correct but other letters/reminders sent by E/Mail are also not considered at all, though this facility is provided at huge public cost. As E/Mails are accepted, either action should be taken thereon or like SIC & ICs of Maharashtra, all E/Mails should be rejected with Failure Notices and/or notified that no one should send E/Mails to CIC office.

9.     As per para 66-67 of Central Secretariat Manual and your repeated instructions, last being 55/20/2012-P&PW© dt 18-2-13, reply to all letters is to be given within one month and where delay is likely, intimation as to when reply will be given has to be sent. When we do not get any reply to our representations to various Ministers by name, we take up non-reply under RTI Applications/Appeals on the understanding that non-reply is slack working of Public Authority requiring streamlining, which is the main aim of RTI Act, 2005. We would request you to examine this for issuing directives to all concerned to reply at least after taking up under RTI Application/Appeal.

10.  Penalties are prescribed in Sec 20 of the Act for not furnishing information in prescribed time limit. This Section is a law and no IC/CIC discusses in Speaking Orders about reasonableness of delays in supply of information, as stipulated in this Section. Penalty is imposed in rare cases and this rule is used as exception, making RTI Act, 2005 ineffective. Some directives to discuss reasonability of delay in Speaking Orders may kindly be issued.

We shall be grateful, if these important aspects are got examined and remedial action taken, giving reply to us in terms of Para 66-67 of Office Manual.

Thanking you,

Yours Sincerely,

(M.V.Ruparelia)

Copy forwarded to Shri  Satyananda Mishra, Cief Information Commissioner, August Kranti Bhawan, B Wing, Bhikaji Cama Place, New Delhi-110066 for necessary action.

Annexure A- Statement showing details of Some Recent Decisions in which contention of Appellant in IInd Appeals are not taken note of and opportunity to be heard not given.

Sr No	Date of  IInd Appeal	No & date by CIC	Public Authority	Date of Decision	Date of request to reconsider	Date of Application	Remarks
1	27-12-12 6-2-13	CIC/LS/A/2013/000242 & 000399 dt29-1-13 & 14-2-13.	CIC	27-5-13	19-7-13	20-8-12  21-9-12
2	19-10-11	CIC/SM/A/2011/2469             & 2470  dt 27-10-11	CIC	30-4-12	3-5-12	25-3-11 8-4-12
3	3-2-11	CIC/SM/A/2011/000611 dt 11-2-11	CIC	12-4-12	16-4-12	14-10-10

Welfare of 12 crore Elders of the Country forming considerable portion of Electorate.

To                                              Date: 13-7-13.

Shri Manish Tewariji, Hon Minister of State,

Ministry of Information & Broadcasting,

Government of India, A Wing, Shastri Bhawan, Dr Rajendra Pd Road, 

New Delhi 110015.

Respected Sir,

Sub: Welfare of 12 crore Elders of the Country forming considerable portion of Electorate.

Ref: Our reference dt 2-8-12 to your predecessor on which appropriate action is not taken even after almost one year.

We, 12 crore Elders of our Country welcome the young, energetic, active and practical politician as our Minister for very important Ministry of Information & Broadcasting.

1.      Our ancient Culture respects Parents as Gods and Our Country is known for this throughout the World. There has been deterioration in this thinking and our social customs in recent times. In addition to lot of Abuse of Elders, as reported by Help Age on 15-6-13, there are large numbers of cases of abandonments of helpless and ailing Elders etc. Immediate action is required to be taken by your powerful leadership to create and restore respect for Elders. This can be done only by your Ministry under your active & energetic guidance and directives. As you may be aware Government of India had announced National Policy on Older Persons, 1999 on 13-2-99 with the approval of Cabinet. Para 93 of the Policy directs each Ministry to implement the aspects concerning them by preparing Five Year and Annual Action Plan with targets. Para 12 to 23 of the Policy lays down Mandate & Policy Statement, which require to be given wide publicity by your Ministry to create respect for Elders in the Society & creating Awareness in concerned Government Departments to take action sincerely & promptly on various provisions concerning them. Para 15 of Policy visualizes that State will strengthen the legitimate place of Elders in the Society and help them to live their last phase of life with Purpose, Dignity & Peace. Para 18 envisages that age 60+ is a phase, when individual should have chances and opportunities to lead an active, creative, productive and satisfying life. State has to strengthen inter generational bonds and mutually supporting relationships. State has to encourage capable Senior Citizens to provide service to other senior citizens in need of help. It is necessary that the Family Support System continues to be functional to discharge its caring responsibilities, sensitizing the young on necessity & desirability of inter generational bonding etc. Each provision in Policy is important and requires highlighting by your Ministry. Various provisions of Maintenance & Welfare of Parents & Senior Citizens Act, 2007 about looking after Elders by Children, providing safety by Police etc also need highlighting & propaganda by your Ministry.

2.      Para 70 lays down that issues pertaining to Elders will be highlighted every year on 1^st October. Your Doordarshan & All India Radio etc have been doing this but it has not been effective in bringing all issues to the notice of Society and Government Authorities. Most of the issues have remained, as they were. On World Elders Day on 1^st October every year, more programmes for longer time at pre declared times may help highlighting the changing situations of Elders and identifying emerging issues and areas of action by various stake holders. Now that 15^th June has been declared World Elder Abuse Awareness Day, more programmes on that day to ensure that Elder Abuse is avoided are also necessary. Moreover, Radio having become less popular, programmes on all channels of Doordarshan are necessary. Exhibition of your Ministry`s Documentaries on Elders by distributing them to private channels, NGOs and Senior Citizens Associations may bring better results. Cooperation of all Newspapers, private TV Channels and Bollywood etc is also absolutely necessary, as para 88 & 89 lays down creative use of entire Media for highlighting continuously the changing situations of Elders, active ageing, intergeneration bonds etc. Your Ministry has to lay down Policy/Law/Act for  entire Media/informal & traditional communication channels of the Country to highlight all issues and various provisions of Policy, every day/week, as you may decide by earmarking special slots on regular basis. Your Ministry may like to prepare orientation programmes on ageing for interaction of entire Media including your staff and achieve the awareness in Society and Government machinery. Ministry of Social Justice has been requesting your Ministry through Inter Ministry Committee (IMC) agenda and meetings to play a more active role in educating the Society about all issues relating to Senior Citizens, giving special slots, more awareness programmes, keeping the concerns of elders in constant Public Focus. Though some programmes are given on radio & Doordarshan, it has not brought the required result. Only one episode of Satyamev Jayate has brought lot of awareness. Pre advertised and pre fixed slots and participation of entire Media including Bollywood, Newspapers & all TV channels are to be tapped and encouraged/instructed by your Ministry.

3.     We request you to look in to this very important aspects of life of our elders by expeditious and sincere implementation of Policy for benefit of 12 crore Elders of our Country. We observe that Elders of the Country are repeatedly ignored by Central, State & Local Bodies. With your dynamic & pleasant personality & tact of handling all situations very efficiently, we are sure that you will do needful quickly, sincerely and set an example on all Ministries by becoming Torch Bearer for highlighting the position of Elders of the Country and restoring their legitimate place in Society.

4.     We request you to give us reply in terms of para 66 of Office Manual for this request, indicating your plan of action.

Thanking You,

Yours Sincerely,

(M.V.Ruparelia)

Welfare of Senior Citizens of the Country in Health Matters- Implementation of National Policy of Older Persons, 99.

To                                                                                               Date:  19-12-12.

 Shri P.K.Pradhan,  Secretary (H & FW),

Ministry of Health & Family Welfare, Government of India,

Nirman Bhavan,  Room No. 156 A,  New Delhi-110 011.

Sub: Welfare of Senior Citizens of the Country in Health Matters- Implementation of National Policy of Older Persons, 99.

We are very much thankful to the Ministry of Health for giving us National Policy of  Health Care of Elderly (NPHCE) and we are also happy to note that Health Ministry is very sincere in getting it implemented by States at an early date.

Though, Health is a State Subject, most of the States having not yet accepted National Policy, 99 even after 14 years, we need the help of Ministry of Health in certain matters. It is observed that in spite of your Ministry`s instructions to all Stake Holders (Para 39 of Policy) to ensure that elderly patients are not subjected to long waits and visits to different counters for medical tests & treatment, many Government, Municipal and Charitable Hospitals, Dispensaries, Laboratories, Consultants are not giving any preference to Elder patients and make Elders to wait for long time. Some have provided separate counter for Case Paper & receiving Medicines but not for examination by doctors (different Specialists) or pathological tests etc and elders have to wait in que for going to various doctors, X-ray rooms, ECG rooms, pathology department etc for various ailments and checks. We shall be thankful, if proper detailed instructions are issued covering all these requirements immediately and reiterated periodically, as one of the important components of NPHCE is information, communication and education of all concerned. Under Secretary, NPHCE vide his letter no. T.21020/38/2012-NCD(M) dt 1-8-12 and 16-10-12 has declined to issue such instructions on the plea that States have to issue such instructions. Instructions from Central Ministry for uniformal following  by all concerned are necessary and we request that proper instructions to all concerned are issued by Our Health Ministry.

Similarly, Health Ministry is requested to advise private hospitals, private practitioners and consultants also about necessity of looking after Elders on similar lines, though private parties may not be under Health Ministry. General directive to Private Parties for improving health care of elders from Health Ministry is very much necessary and desirable. As Health Ministry is doing lot to create awareness generation programmes etc, it is requested that awareness may be created for your 12 crore Elders amongst Private Health Agencies also.

 Improper treatment of Elders by Government/non-government agencies, Municipal and Private Sector is an ABUSE of ELDERS. There is absolute and urgent need of special instructions and training to doctors and all medical staff to treat Elders with respect and care, as present attitude at many places is ``you have already lived long and no useful purpose will be served by investigations and treatment.`` Some (considerable number)  doctors and staff misbehave also. In addition to instructions to all Stake Holders, there is necessity of Mass Media Programme to increase awareness of public as well as doctors, staff, care givers etc on various aspects of health problems of Elders. They deserve respect, care and sympathy. Early preparation of Charter for Senior Citizens for all their Health Care Needs is also necessary.

With number of Senior Citizens increasing and facing various ailments due to ageing and not being able to get proper medical aids due to less or no income at this age, it is necessary that Ministry of Health initiates fast measures to rationalize cost structure of medical requirements of elders including cost of medicines. The health ministry is also gearing up to make "Free medicine for all 
through Public Health Facilities" in all government health facilities a reality from next month.  As per recent reports, a study by the Cost Audit branch of the MCA found that drugs like Calpol manufactured by Glaxosmithkline, Corex Cough Syrup by Pfizer, Revital by Ranbaxy Global, Omez by Dr Reddy's Labs, Azithral by Alembic and several others were being sold at a mark up of up to 1,123% over the cost of production. Worried over the findings of the study, India's Corporate Affairs Minister M Veerappa Moily has written to Health Minister seeking appropriate action on curbing this practice of pharma companies. He has forwarded a copy of the study also. As we consider Health Ministry as our Nodal Ministry for all our Health Needs, we request you to take some immediate steps to remove such abnormal costing of medicines. Such high profit earning is nothing but ABUSE of ELDERS. We would also request you to use your good offices with manufacturing & distributing agencies all over India to give sufficiently high concessions like 50% (as in fare by transport, air, railways etc) to all Senior Citizens, as they need every month lot of medicines for age related chronic ailments at this age, when their income is very less or no income, though pricing of medicines is not controlled by Health Ministry.  

 Rs 75 crore were provided in 11^th Plan for providing 30 bedded Departments of Geriatric in 8 identified Regional Medical Institutes and to provide dedicated health care facilities in District Hospitals etc in 100 districts of 21 States. Though this Programme is stated to have been initiated, nothing tangible appears to have been provided, though more than 2 years has passed. As 100 more districts are to be covered every year in 12 th Plan and one year of 12^th Plan is coming to end shortly, it is necessary that time bound programme is fixed for each stage and monitored by Directorate General of Health Services(Dte.GHS) having subordinate offices spread all over the country to ensure timely implementation of NPHCE. Similar monitoring of 12 Regional Geriatric Centres may also be given to DGHS.

We shall also be obliged, if proper detailed instructions are issued to Ministries of Railways, Defence etc having separate full-fledged Medical Departments for adopting various measures of NPHCE for their retired employees, so that they also start working on this marvelous scheme of NPHCE. 

We shall be thankful, if immediate action on these abuses is taken and action taken with copies of instructions issued for separate ques at every stage of taking treatment advised at an early date. A line in reply to this representation in terms of para 66 of Office Manual will be very much appreciated.

Thanking you,

Yours Sincerely,

(M.V.Ruparelia)

Instructions issued by Ministry of Panchayati Raj to States/UTs.

Regulating the functioning of Corporate Sector for Welfare of your large number of Elders.

To                                                                         Date: 4-6-13.

Shri Sachin Pilot, Hon. Minister of State for Corporate Affairs,

Room No. 437, C wing, 4^th Floor, Shastri Bhawan, Rajendra  Prasad Road, New Delhi-110001.

Respected Young Minister,

Sub:  Regulating the functioning of Corporate Sector for Welfare of your large number of Elders.

Ref; Our earlier Representation dt 28-7-11 to your predecessor Dr. M. Veerappa Moily sent by Speed Post & E/Mail received in your office but no action taken on plea of non-receipt even after sending copy with RTI Application.

We welcome our Young Minister as full-fledged in charge of an important Ministry of Corporate Affairs, whose one of the main functions is regulating the functioning of Corporate Sector.

It has been reported on 2-6-13 in The Times of India (Mumbai) that Companies are withdrawing health insurance cover facility for employees' parents under group mediclaim policies, citing rising costs. Parental cover, routinely provided by companies around five to six years ago, is now sponsored by employers in just 36% of group covers. According to an employee health and benefits study by insurance broker Marsh, only 36% organizations now sponsor cover for dependent parents under employee group mediclaim policies. "On an average, every year around 10% corporates with mediclaim stop sponsoring parental cover. This number which was 70% at the time of detariffing has come down over the years to 36%" said Sanjay Kedia, MD, Marsh India. He added that there is a need to have an environment where companies can cover pre-existing ailments so that there can be a policy which will provide benefits through collective bargaining and health management. ``This is going to be a big social issue as there will be no cover for parents with ailments," said Segar Sampathkumar, general manager and head of health insurance at New India Assurance. Instead of withdrawing the group mediclaim cover for parents, the right way to tackle costs would be through wellness programmes and encouraging 'responsible consumption' of insurance benefits, said Kedia, another problem hurts parents whose health cover has been withdrawn by their children's employer. In theory, a senior citizen covered under his/her children's group mediclaim policy should be able to use the portability route to buy a cover if the employer discontinues the policy. But in reality, no insurer has an individual policy which allows a senior citizen with pre-existing ailments to port into.

As you are aware, Maintenance & Welfare of Parents & Senior Citizens Act, 2007 forces the children to provide monthly Maintenance Allowance to all parents. Maintenance includes food, clothing, residence and medical attendance & treatment. The right of parents without any means to be supported by their children having sufficient means is provided in Section 125 of the Criminal Procedure Code and the Hindu Adoptions & Maintenance Act, 1956 also. In view of this statutory provision for children to provide maintenance to parents for health care also, action of Corporates to stop this facility by depriving their employees of this facility is required to be stopped immediately and facility must be restored immediately. As Corporate Sector is stake holder of this Act and National Policy of Older Persons 1999 approved by Cabinet on 13-2-99, all relevant provisions should be brought to their notice.

National Policy of Older Persons, 1999 was announced on 13-2-99 with the approval of Cabinet. Para 93 of the Policy directs each Ministry to implement the aspects concerning them by preparing Five Year and Annual Action Plan with targets. Main provisions of NPOP, 99 for your Ministry, on which no action is taken for 14 years, are:-

i)                The Goal of the Policy is the wellbeing of Elders and aims to strengthen their legitimate place in Society and help them to live their last phase of their life with purpose, dignity & peace (Para 15).

ii)              The development of health care insurance is to be given priority to cater to the needs of Elders (Para 36). 

iii)            All endowments will be encouraged to extend their areas of concern to provide services to the elderly (Para 74).

You are requested to get Five Year and Annual Action Plan prepared for your Ministry and get these provisions implemented early.

Ministry of Corporate Affairs had notified more comprehensive revised Guide Lines for Corporate Social Responsibility in July, 2011, in which it is already laid down that ``Depending upon their core competency and business interest, companies should undertake activities for economic and social development of communities and geographical areas, particularly in the vicinity of their operations. These could include: education, skill building for livelihood of people, health, cultural and social welfare etc., particularly targeting at disadvantaged sections of society.``

Senior Citizens are a disadvantaged section of Society due to ageing and form almost 10% of the total population of the Country- 37% is Below Poverty Line and more than 33% belong to Lower Income Group and the financial position of these 70% is very fragile and needs help of Corporate World.

CSR is coming out of the purview of ‘doing social good’ and is fast becoming a ‘business necessity’. The ‘business case’ for CSR is gaining ground and corporate houses are realizing that ‘what is good for workers - their community, health, and environment is also good for the businesses. 

A  Note on Advocacy on Corporate Front from Smt Shielu Sreenivasan, President, Dignity Foundation, Mumbai appeared in Dignity Dialogue for May,12,(Copy enclosed) was sent by me on which also no action is taken by your officers with negative attitude.

We, 12 crore of Country`s Elders have high hopes from our Young Dynamic Minister and we are hopeful that you will take immediate & sympathetic action on our both representations at an early date.

Thanking You,

Yours Sincerely,

(M.V.Ruparelia)

Copy forwarded to Shri  T.R.Meena, Joint Secretary, Ministry of Social Justice & Empowerment, A Wing, Shastri Bhawan, New Delhi-101001 for pursuing the matter further.