World Elder Abuse Awareness Day, 2011- Letter to Chief Minister of Maharashtra.

To                                                                                                               Date. 14-6-11.

Shri Prithviraj Chavan,

Chief Minister, Government of Maharashtra, Mantralaya, Mumbai-400032.

Respected Sir,

Sub: World Elder Abuse Awareness Day-15-6-11.

1.      Our Culture respects our Elders and Our Governments at Centre & State/UTs level are led by Elderly Statesmen like Sincere & Honest Shri Manmohan Singh and many others young, honest & energetic like you. Senior Citizens of our State have high hopes from You and they expect that You will look after their interest & welfare.

2.       !5-6-2011 is the World Elder Abuse Awareness Day (WEAAD) declared by United Nations.  According to the INPEA, Elder Abuse is a single or repeated act or lack of appropriate action, occurring within any relationship, where there is an expectation of trust, which causes harm or distress to an older person. It can be of various forms-physical, psychological, emotional, sexual and financial or simply reflect intentional or unintentional neglect. Elder Abuse is a violation of Human Rights and a significant cause of injury, illness, loss of productivity, isolation & despair. Confronting & reducing Elder Abuse requires a multispectral & multidisciplinary approach.

3.     Government of India had declared a comprehensive National Policy of Older Persons in 1999 for welfare of Senior Citizens and States/UTs were expected to take immediate action on various provisions. You will be surprised to know that Our Most Progressive, Prosperous & Highest Tax Collector State has not adopted, accepted and notified the State Policy even after 12 FULL YEARS. This is nothing but Deplorable Abuse of Elders of Maharashtra in light of INPEA`s above definition! UNO has also started taking stock of implementation by various Governments of their directives given in their United Nation International Plan of Action adopted by all Countries in Madrid in 2002. The well-being of senior citizens is also mandated in the Constitution of India under Article 41. On this August Day, we request You to get the notification of State Policy expedited.

4.      Even in absence of notification of State Policy, the following actions can be taken by the State Government for welfare of their Elders:-

(i)                Celebrating International Day of Older Persons (IDOP):  It is observed that this Day is neither observed by State nor by Panchayati Raj & Municipal Bodies in Maharashtra inspite of repeated instructions from Nodal Ministry every year. It has been advised by Ministry of Social Justice & Empowerment, New Delhi in reply to my recent Application under RTI that this year also, they had issued instructions under their directive under no. 15-39 (12)/09-10/AGII dt 3-9-10 that these programmes should be organized with active involvement of Sr citizens, Panchayati Raj & Municipal Bodies etc. On enquiries from BMC & MBMC, it is given to understand that they are having no specific instructions from your side.  Kindly issue proper detailed instructions to all concerned including all your departments and local bodies to celebrate this International Day to respect Elders of Maharashtra without waiting for notification of State Policy and instructions may be repeated every year sufficiently in advance. Similar instructions for celebrating ``World Awareness Day of Abuse of Older Persons`` on 15^th June may also be issued. These celebrations will create proper atmosphere of Respect for Elders in the Society.

(ii)             Vayoshestha Sanmans:  Nodal Ministry has given a list of 10 Sanmans given by them every year, which they give in celebration of IDOP. Our State should also give similar Sanmans at State/District/Panchayat-Municipal levels.

(iii)           Integrated Programmes for Older Persons (IPOP)- Revised Scheme effective from 1-4-2008: Nodal Ministry has advised that as against National Allocation  to Maharashtra for this purpose in year 2008-09 of Rs 150 lakhs, only Rs 49.92 and against NA for 2009-10 of Rs 75 lakhs, only Rs 47.07 were released as per State Demand.  Para 6 of the Revised Scheme has made Panchayati Raj Institutions & Local Bodies as main implementing Agencies. No instructions having been issued to these agencies, BMC & MBMT are refusing to take action and insist on State Instructions. Kindly make out a time bound programme for each Panchayat & Municipal Units to provide these schemes in each ward within a year or two, as 90% of recurring & non-recurring expenditure will be borne by Ministry of Social Justice, Delhi. Planning Commission has been requested to provide sufficient funds for these very useful schemes.

(iv)           Involve Panchayati Raj Institutions & Municipalities For Welfare of Senior Citizens: Panchayati Raj Institutions (and Local Bodies) are to be encouraged to initiate & participate in all schemes of Welfare of Elders, address local level issues & needs of the ageing population and implement programmes for them. They will provide Forums for discussing concerns of Older Persons & Activities that need to be taken. Such Forums will be encouraged at Panchayat, Municipal, Block & District level. They will have adequate representation of older women. Panchayat will mobilize the talents & skills of older persons & draw up plans for utilizing these at local level. Kindly issue necessary instructions to all Local Bodies and monitor the progress, as this will lead to real welfare of Elders of Maharashtra.

(v)             Instructions to our Media, Trusts, Charitable Hospitals/State & Municipal Hospitals , NGOs , Civic Authorities etc:  Kindly issue necessary instructions to all Stake Holders in Maharashtra for looking after the welfare of Elders, so that they start doing their work, which may lead to our Elders leading dignified life during their last spell of life. Arrangements may please be made to obtain details of all Registered Associations/Organizations working for senior Citizens, if necessary, from Charity Commissioner or as available in Karmayog & other Web Sites or by inviting information from organizations and issue instructions to all Departments to endorse copy of all circulars/instructions affecting elders to Federations/State level Organizations. Similar  to all Departments to endorse copy of all circulars/instructions affecting elders to Federations/State level Organizations. Similar list should be available with each Panchayat/ Municipality & each Ward Officer for their jurisdiction. State & Local Bodies should call for Meetings, Seminars etc for inter action with elders periodically.

Just as Director (Ageing) is working as Nodal Officer in Ministry of S.J. & E. at Centre, a Nodal Officer at State level may be nominated to deal with all representations/matters pertaining to Senior Citizens.

(vi)           Annual Report of work done in the State for its Elders: At present any good work done for Elders by State is not known to large number of Senior Citizens. An annual report for all work done for Elders in the State should be prepared and brought out in Media on every International Day for Older Persons. This will not only monitor various actions by all authorities but boost morale of Elders of Maharashtra.

(All these vi items were represented to Principal Secretary vide my letter dt 30-12-10 followed by reminders but no action is taken even after 5 months!).

(vii)          Transport Concessions to Senior Citizens:   As per Memorandum issued by Home Department under no. kra.STC-1998/667/pra.ka.36/pari.1 dt 25-10-2000, 50% concession in fares for travelling in MSRTC buses is given to all Senior Citizens of 65 years and above. It is experienced by Senior Citizens of Maharashtra as well as other States coming to Maharashtra that Conductors insist on production of Identity Card issued by State of Maharashtra and do not accept other Identity Cards issued by other States or Central Government Departments, PAN cards, Passports etc. Any photo-identity card issued by any Public Authority including local authorities should be sufficient to get this concession. We shall be grateful, if proper instructions with liberal provisions are got issued very early. We would also request you to consider earmarking of more seats in ST buses for Senior Citizens, as recently done by BEST and to give free or 90% concession to female Senior Citizens, especially widows and above 80 years.  Present age limit of 65 for this concession may also be reduced to 60, as accepted by Finance Ministry for Tax Exemption from 1-4-11, as all Senior Citizens deserve similar treatment in view of less income after retirement.  General Managers of Local Suburban Railway trains should be approached by State and made to realize the need for separate coach for Senior Citizens, as they are more handicapped than medically certified handicaps and Ladies. Some seats in First Class Coaches should be got reserved.

(viii)      Medical Treatment in Municipal Hospitals in Mumbai:  As per State GR no. 2006/navi-20 dt 12-12-06, free treatment is to be given to all Senior Citizens in all Municipal Hospitals. All Hospitals, except 3 major Hospitals of Nair, KEM & Sion have given in writing that they are giving free treatment to all Senior Citizens. These 3 major Hospitals are defying the State Orders for last 5 years and do not give free treatment to Senior Citizens. You may kindly use your good offices and help your Elders.

(ix)           Free Movement of Rickshaws in entire MMRDA Area:  As per Notification in Extraordinary State Gazette dt 25-2-08, all Rickshaws & taxies were allowed to ply in entire MMRDA area but these orders are not yet implemented even after 3 years for rickshaws, resulting in Senior Citizens and all citizens have to walk with luggage/heavy school bags at all check nakas for change over from one side Rickshaws to other side Rickshaws. In Mira Road- Bhayander Area, Rickshaws are not running on meters and they charge exorbitant rates for even short distance e.g. from Checknaka to Shrusti area- distance of less than 1.6 km, Rs 40 is charged. Kindly, use your good offices and get these genuine grievances solved.

(x)              Maintenance & Welfare of parents and Senior Citizens Act, 2010:  In the recently notified Maintenance & Welfare of Parents & Senior Citizens Act in extraordinary Gazette dt 23-6-10, important provisions of the Central Act, 2007 in respect of Medical Support for Senior Citizens (Section 20) and Transfer of property to be void in certain circumstances (Section 23) are omitted. These are very important provisions for Senior Citizens and may kindly be got added.

(xi)           Indira Gandhi National Old Age Pension:  Out of more than 9 lakh Senior Citizens in Maharashtra, there are 3.33 lakhs BPL Senior Citizens but beneficiaries for Indira Gandhi National Old Age Pension, Shravan bal Seva Rajya Nivruti Vetan Yojna: and Rashtriya Bima Yojna are very much less, especially in Urban Areas, due to proper action not being taken by Revenue Department to classify them as BPL or registering them under Sravanbal Yojna. Kindly get some instructions issued to Tehsildars, Municipal Authorities etc and concerned officers to get this done early and properly.(Items vii to xi were represented to Home Minister by name under my letter dt 22-8-10 followed by several reminders but no action is taken even after 9 months!).

(xii)         Web Site for Senior Citizens: There is a necessity of separate Web Site for Senior Citizens of Maharashtra, as present State Web Site is cumbersome and difficult to get information easily.

We request you earnestly to consider these aspects sympathetically and take prompt & proper action very early.

 A line in reply in terms of para 66 of Office Manual will be very much appreciated.

Thanking You,

Yours Sincerely

(M.V.Ruparelia)

Copy forwarded to:-

1.      Shri R.R.Patil, Minister of Home Affairs, Mantralaya, Mumbai-400032.

2.      Shri Shivaji Rao  Moghe, Minister of Social Justice, Mantralaya, Mumbai-400032.

3.      Shri Sunil Tatkare, Minister of Finance, Mantralaya, Mumbai-400032.

4.      Shri Sachin Mohan Ahir, State Minister of Social Justice, Mantralaya, Mumbai-400032.

Representation for simplifying procedure for classifying Senior Citizens as Below Poverty Line.

To                                                                                      Date: 1-5--11

Shri  B.K.Sinha,

Secretary,Ministry for Rural Development,

Bhikaji Cama Place, New Delhi-110066.

Respected Sir,

Sub: Representations made in the letter for Budget for 2011-12 for Indira Gandhi National Old Age Pension (IGNOAP) to Senior Citizens.

Ref: i) Your E/Mail dt 24-1-11 to Shri Sanjay  and copy to me. ii) Your Office letter no. J-16020/1/2008-NSAP (Pt) dt 31-3-11(original not received but) copy received under another letter of same  no. dt 15-4-11, received on 25-4-11.

Thank you very much for getting my letter dt 21-1-11 to Minister for Rural Development examined as per copy of notings put up to you by Vinay Kumar 0n 21-3-11 and giving me reply vide letter dt 31-3-11.

Prime Minister`s Speech dt 19-11-2007 launching Indira Gandhi National Old Age Pension Scheme clearly lays down that this scheme fulfills an important commitment of our Government towards providing a Social Security Net for all citizens above 65 living below poverty line. This was considered necessary, as establishing a ``destitute`` criterion was found problematic. Prime Minister had no where stated that one should belong to BPL Family. It was Rural Ministry, which included such condition instead of defining and deciding Poverty Line for this meager pension and States were asked to follow 13 parameters to classify a BPL Family, which procedure appears to be more problematic than finding out a destitute. These 13 parameters suggested by Expert Group may be very good for Rural Department to decide a particular programme for a particular village or even for a particular BPL Family but in no way easy or helpful to States for giving megre pension to poor senior citizens. Moreover, no guidelines are available for Urban Poor Senior Citizens and as explained in my letter to Minister, this has resulted in a situation like only 17 families are classified as BPL in Urban Area of Mira-Bhayander having more than 15 lakh population! There is a need of simplifying the existing procedure for payment of megre pension to our poor elders to avoid corruption and less harassment to this weaker section. Rural Ministry may have got reports from all Units about actual census done by them on the basis of Guidelines for BPL Census, 2002 and may also have modified these instructions for next 2 Plan Periods for which no information is given. As funds are given directly by Planning/Finance Ministries to States and Urban Ministry tells in writing that this subject of IGNOAP is not their concern but of Rural Ministry, we request you to examine and simplify the whole issue of paying megre amount to poor elders by deciding monetary Poverty Line and continue the classification of BPL Family, as necessary for your other Programmes. Just as NMBS was transferred to Department of Family Welfare w.e.f.

1-4-2001, this work may also be transferred to Ministry of S.J. & E. instead of simply monitoring and administering this important Social Security Programme of Poor Senior Citizens without reference to the needs of poor elders and without taking action for 12 years on relevant provisions (para 25) of NPOP, 99 for which action has to be taken by each Ministry (para 93).

As regards increasing the amount of pension to poor elders, points raised in para 8 of my letter dt 21-1-11 and earlier representations, no examination is done in the notings under reference. It was promised in your office letter no. J-16020/1/2008-NSAP (Pt) dt 27-4-10 in reply to my letter dt 27-5-09 to Minister of Finance that this requires inter-ministerial consultation and will be considered at appropriate time. As 2 years have passed even to this promise, this may be kindly got examined in detail and Cabinet`s approval, as necessary, may be obtained earlier, as non-fulfillment of the expectations of poor elders of the Country may be treated as their abuse.

!5-6-2011 is the World Elder Abuse Awareness Day declared by UNO. According to the INPEA, Elder Abuse is a single or repeated act or lack of appropriate action, occurring within any relationship, where there is an expectation of trust, which causes harm or distress to an older person.  I reproduce below the proposed provision in the Revised Policy for Senior Citizens, 2011, as submitted to Minister of SJ&E for early appropriate action.

`` I. Income security in old age : A major intervention required in old age relates to financial insecurity as more than two third of the elderly live below the poverty line. It would increase with age uniformly across the country.

1. Indira Gandhi National Old Age Pension Scheme

1. Old age pension scheme would cover all senior citizens living below the poverty line.

2. Rate of monthly pension would be raised to Rs.1000 per month per person and revised at intervals to prevent its deflation due to higher cost of purchasing.

3. The „oldest old‟ would be covered under Indira Gandhi National Old Age Pension Scheme (IGNOAPS). They would be provided additional pension in case of disability, loss of adult children and concomitant responsibility for grand children and women. This would be reviewed every five years. ``

We shall be obliged, if various aspects are examined in detail and appropriate action taken early to help your elders.

Thanking You,

Yours Sincerely

(M.V.Ruparelia)

Representation for modifying Sec 80 DDD of Income Tax for Senior Citizens.

To                                                                                                     Date: 5-5-11.

The Appellate Authority & Director (TPL-II), R.No. 147G, Central Board of  Direct Taxes, Department of Revenue, Ministry of Finance, North Block, New Delhi-110001. 

Dear Sir,

Sub: Information in respect Of Action taken on my letter dt 26-8-10 by name to Finance Minister.

Ref: Your Speaking Order dt 19-4-11 received on 29-4-11 and CPIO`s letter no. 148/2/2011-SO (TPL) dt 27-4-11 received on 2-5-11.

Thank you very much for your above scholarly Speaking Order. I shall be thankful, if following submissions are sympathetically considered:-

1.      We had requested Finance Minister in our letter dt 26-8-10 to include various chronic diseases suffered by Senior Citizens due to ageing for including in Sec 80 DDB & Rule 11 DD and to increase the limit of Rs 60000 in view of high price of medicines. This was a representation and was required to be examined and replied in terms of Para 66 Of Office Manual (copy supplied by Ministry of Finance-Department of Economic Affairs under their letter no. 3/41/2009-RTI

dt 19-5-10 in compliance with CIC`s Decision no. CIC/AT/A/2010/000165 dt 30-4-10). Copy of Para 66 and extract of CIC`s Orders are enclosed as Annexure A. We shall be obliged, if proper examination & reply to this representation is given at an early date.

2.      As no reply was received for a long time, we had to spend money unnecessarily and file an Application under RTI as per Application dt 20-12-10. In this application, we had requested to give information i) as to what action was taken on our letter dt 26-8-10 to F.M., sending copies of notings and details of its dealing. Such information is not falling under confidential files pertaining to Budgetary Amendments and CIC`s decision dt 20-11-06 and 3-1-2007 mentioned by you may not be relevant to this simple representation and information requested can not be denied. No confidential materials/details prejudicial to the interest of the State exempted under Sec 8(1) (a) of RTI Act, 2005, as contended by you, has been asked. No conclusion/opinion etc mentioned by you has been asked. Information asked is in material form, as letter dt 26-8-10 must have been put on a file and decision must have been taken to send it to Direct Tax Code Section and for not replying to the Applicant etc. As per Sec 6(3) of RTI act, 2005, if information pertains to Direct Tax Code Section, copy of Application has to be sent to them, if that department is having another CPIO. As per directives, CPIO is a facilitator for Applicant and he has to help and guide the Applicant to get information. ^{Ministry of Personnel, P.G. & P. has laid   down the Guide Lines and Instructions to be followed by A.A. also in their various directives.  Para 3 of their Memorandum no. 1/3/2008-IR dt 25-4-08 reads as under:-}

^{What is Information:  Information is any material in any form. It includes records, documents, memos, e-mails, opinions,  advices,  press releases,  circulars,  orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.}

^{Para 5 of the same number Memorandum dt 25-4-08 reads as under:-}

^{The Act gives the citizens a right to information at par with the Members of Parliament and the Members of State Legislatures. According to the Act, the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.}

^{Para 3 of their Memorandum no.10/23/2007-IR dt 9-7-07 reads as under:-} 

^{Deciding appeals under the RTI Act is a quasi-judicial function. It is, therefore, necessary that the appellate authority should see to it that the justice is not only done but it should also appear to have been done. In order to do so, the order passed by the appellate authority should be a speaking order giving justification for the decision arrived at.}

^{3.        Further information ii) is in respect of whether that letter was put up to F M and if not to what level, it was put up and relevant notings & orders of various authorities on dealing of that letter. This type of information is also not exempted and may kindly be given.}

^{4.        Next information iii) is as to when reply to that letter shall be given. This may not be available in material form but Para 66 of Office Manual has to be followed and reply has to be given.}

^{5.        Information iv) is about instructions available and followed by you for dealing with such representations addressed to F M by name and this information can not be denied.}

^{6.        Information v) given by CPIO in his letter dt 27-4-11 in compliance of your Speaking Order may kindly be seen. We wanted to have information about considerations under which only 5 diseases were included from 1-4-03 and not all chronic diseases, which are prevalent in our country since quite long time and senior citizens having limited income can not afford. Para 28 of NPOP, 99 reads as under:-`` Taxation policies will reflect sensitivity to financial problems of older persons, which accelerate due to very high costs of medical & nursing care, …These and other proposal of tax relief will be considered.`` As per para 93 of the said Policy, each Ministry was required to prepare Action Plan and provide such reliefs. Your department did not take any initiative or action on this for 12 Full Years, resulting in no relief to your Elders. It is therefore requested to do needful on request dt 26-8-10 to FM.}  

^{7.        Information vi) requested about E/Mails, all Applicants/citizens do not have computers and web sites are complicated and most of the time not up to date. Today, I tried to get your E/Mail but could not find it in your department`s web site. Even your address & telephone number etc are not available. Telephone numbers of Directors, TPL I & III are available but there is no mention of Director TPL II. In this connection, please, see para 14 of CIC`s Orders dt 30-4-10 to your Department of Economic Affairs in Annexure I and send E/mails of all concerned officers of your department.}

Thanking You,

Yours Sincerely, (M.V.Ruparelia)  

Representation for giving subsidy in premium for Health Insurance to Senior Citizens.

To                                              Date: 22-3-11.

Shri Lalit Kumar,

Director (Insurance) & A. A., Ministry of Finance, Department of Financial Services,Government of India, Jeevan Vihar, 3^{rd Floor, Parliament Street, New Delhi.}

^{Dear Sir,}

^{Sub: Information under RTI Act, 2005.}

^{Ref: Your letter no. F14016/05/2011-Ins. II/RTI dt 8-3-11 received}

 ^{on 15-3-11.}

^{Thank you for giving various documents. Letter dt 21-1-09 from IRDA does not contain enclosures and in absence thereof, no idea can be got about recommendations for insurance for senior citizens. Enclosures may kindly be sent. MOHF`s reply to your letter dt 29-9-08 and details of paras 12.47 to 12.50 pertaining to MOHF may also be given to get some idea of their involvement. Result of consideration by Revenue Department during Budget Exercise (2010-11 & 2011-12) may also be indicated. Action taken on IRDA`s Letter dt 25-5-09 is also not advised. Copies of all notings in your Ministry on this subject may please be given. It is not physically possible to come to your office to read documents at this age of 78 and the Act provides that relevant papers including notings, as available in records should be supplied. As per Right to Information Act, 2005 & Guide Lines for CPIO issued by Ministry of Personnel, P.G. & P. in their Memorandum no. 1/69/2007-IR dt 27-2-07, CPIO has to facilitate, help & guide the Applicant to get the information.}

^{Right to Information Act, 2005 and various directives issued by Ministry of Personnel, P.G. & P. clearly lay down the Guide Lines and Instructions to be followed by A.A.also. Para 3 of their Memorandum no. 1/3/2008-IR dt 25-4-08 reads as under:-}

^{What is Information}

^{3. Information is any material in any form. It includes records, documents,}

^{memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.}

^{Para 5 of the same Memorandum dt 25-4-08 reads as under:-}

^{5. The Act gives the citizens a right to information at par with the Members of}

^{Parliament and the Members of State Legislatures. According to the Act, the}

^{information which cannot be denied to the Parliament or a State Legislature,}

^{shall not be denied to any person.}

^{Para 3 of their Memorandum no.10/23/2007-IR dt 9-7-07 reads as under:-}

^{3. Deciding appeals under the RTI Act is a quasi-judicial function. It is,therefore,necessary that the appellate authority should see to it that the justice is not only done but it should also appear to have been done. In order to do so ,the order passed by the appellate authority should be a speaking order giving justification for the decision arrived at.}

^{Perusal of the documents sent under your above does not give the required information, which is as under:}

^{1. Information required in item i) of Application as to what action was taken to provide insurance to older persons, giving copies of notings & directives issued so far is not given.}

^{2. Copies of correspondence of para II,III,X to XV required to have some idea as to what is happening for elders are received without important Information in enclosures of letter dt 21-1-09 of IRDA.}

^{3. Proposal/Decisions taken by Finance Ministry to give relief in Insurance and make it affordable, as envisaged in para 36 of NPOP, 99 is not given. For this, it appears from IRDA`s letter dt 25-5-09 now received that they have recommended subsidy of Rs 2000 or any amount that may be fixed by Finance Ministry for every policy taken by Senior Citizen. The level of subsidy to these Senior Citizens must be related to the level of subsidy to BPL Population. The present level of subsidy for BPL Population for cover of Rs 300000 is a meager premium (payment by BPL) of Rs 30 p.a. against the bigger amount paid by Central & State Government.}

^{4. For item ii), thanks for giving E/Mail addresses. Orders issued by Ministry of Personnel, P.G. & P. for registration, replying etc of E/Mails may be seen & followed, as considered fit.}

^{In view of above clarifications, kindly give the required information, keeping in view that i) Provisions of Para 36 in NPOP (read with Para 93 for annual action plan) are pending action by Finance Ministry since 1999; ii) Sashtry Committee recommendations were received in Finance Ministry on 26-5-08; iii) IRDA has given final recommendations on 25-5-09 i. e. almost 2 years before.}

^{Thanking you,}

^{Yours Sincerely,}

^{(M.V.Ruparelia)}