Rajasthan High Court Orders Audit Of 31 Old Age Homes In State To Ensure Senior Citizen Welfare

The Rajasthan High Court ordered an audit of 31 old-age homes running in the State to ensure that adequate welfare support is available for the elderly. The order came in a civil writ petition where the respondent (State of Rajasthan) was asked to provide the compliance report regarding the establishment of old age homes as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and functioning and maintenance of these homes.

The petitioner, the Lok Utthan Sansthan, filed the petition against the State of Rajasthan, seeking a compliance report on the implementation of the 2007 Act, according to which there should be one old-age home in each district for indigent seniors. During the case hearing, the State counsel provided the list of 31 old age homes that are operating in different districts, including Alwar, Bikaner, Jaipur, Udaipur, Bharatpur, Jaisalmer, and other districts. However, the Court went beyond checking the list and directed the Rajasthan State Legal Services Authority (RSLSA) to ensure that the facilities are proper and that substantive care is being provided to the residents.

Arguments

The petitioner based its arguments on the changing societal structure and that in this changing time, the institutional and legal support system becomes more important. They should assume greater responsibility for the implementation of the 2007 Act. They should ensure the law does not remain limited to the mere existence of old age homes, but provide necessary amenities and medical support to the elderly.

The petitioner stressed the importance of providing medical care in old age when chronic medical conditions, such as arthritis, affect one’s ability to live independently. It highlighted that around 30 per cent of the elderly women and 28 per cent of elderly men suffer from at least one chronic medical condition.

Court Observation

The Court noted the changing demography, increasing life expectancy, and declining fertility rate, and the welfare architecture envisaged under the Act of 2007. It also referred to the Supreme Court’s reiteration in several other cases, the constitutional vision under Article 21 and the directive principles, and that the welfare of senior citizens is a matter of “continuing constitutional concern”.

It said, “Article 21 of the Constitution, as expansively interpreted, guarantees not merely the right to life but the right to live with dignity. The Directive Principles of State Policy further reinforce this constitutional philosophy. Article 41 guides the State to make effective provisions for public assistance in cases of old age; Article 46 obligates protection of the weaker sections of society; and Article 47 emphasises improvement of public health.”

Court Judgment

In its order dated January 29, 2026, the Court directed the RLSA to conduct a comprehensive assessment of each of the 31 listed old age homes through the District Legal Services Authorities. The RLSA was directed to file a report with details, such as whether the old-age home has been constructed by the state government, whether the occupants are elderly, whether adequate medical facilities are available for residents, whether the government provides any financial aid, or any other issue about the infrastructure or welfare of the elderly in these homes.