LawChakra

Kerala High Court Advocates for Senior Citizens: Prioritizing Pension Amid Financial Crisis

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In a recent development that highlights the plight of senior citizens in financial distress, the Kerala High Court has made significant observations regarding the state government’s responsibility in prioritizing financial resources. The case in question involves Mariyakutty, a 78-year-old widow, and her struggle to receive her pension under the Indira Gandhi National Widow Pension Scheme.

Mariyakutty’s case is a stark reminder of the vulnerability faced by many senior citizens. She depends on a monthly pension of Rs. 1,600, which she has not received for the past five months. This pension is crucial for her to meet basic needs, including purchasing medicines and food. Her predicament was brought to the court’s attention, highlighting a systemic issue affecting many like her.

The Kerala government, while not denying Mariyakutty’s entitlement to the pension, cited an “extreme financial crisis” as the reason for the delay in payments. The government’s counsel informed the court,

“It was able to release the pension only till the month of August 2023,”

adding that the “central share for the pension from April to August 2023 has not yet been received,” further straining the state’s finances.

Justice Devan Ramachandran of the Kerala High Court, addressing the state’s financial woes, stated,

“The government must certainly prioritize the requirements of money and must give good thought to this because, a senior citizen like the petitioner is certainly a Very Important Person, whose requirements cannot be disregarded, particularly when the season of Christmas has already dawned.”

The judge further emphasized the gravity of the situation, saying,

“Even if the financial crisis projected by the state is accepted, a larger question presents as to how the petitioner can survive without the pension, being incapacitated to have access to proper food or medicine.”

In light of the state’s financial constraints, the court suggested that Mariyakutty could seek assistance from the District Legal Services Authority or other relevant authorities. This recommendation offers an alternative means of support for her immediate needs.

The court also highlighted the responsibility of the Central Government in this matter. Justice Ramachandran remarked,

“If the state government’s assertions were true, then the Centre too has to answer how these senior citizens would be provided for.”

The case is set for further hearing on January 10, 2024. The court has asked the state government to inform how and when it plans to fully disburse the pensionary benefits owed to Mariyakutty. Justice Ramachandran poignantly noted,

“I hope that respondents will keep in mind that this is the Christmas season, when citizens are in festivities, with the government also promoting it through various programmes; and it will be rather unfortunate that, if persons like the petitioner – who is in advanced age and, according to her, requiring medical aid – are left without any moorings and support.”

This case serves as a critical reminder of the societal obligation to care for the elderly, especially during financial crises. The Kerala High Court’s intervention underscores the need for prioritizing the welfare of vulnerable populations and the joint responsibility of state and central governments in ensuring their well-being.

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