Though chief minister Prithviraj Chavan clarified that names would be published in newspapers only after verification and following due legal procedure, social activists called the move a populist one in view of the coming elections and said the government's action would not stand legal scrutiny.
The state has defined as 'elderly' anyone who is 65 years old.
However, everyone whose parents are in old-age homes may not face action. The policy says 'children of those parents who have to live in old-age homes because their wards are not taking care of them will be put on the list.'
Legal experts said Section 125 of the Code of Criminal Procedure, 1973 and Section 20 of the Hindu Adoptions and Maintenance Act, 1956, make it mandatory for wards to look after their parents, failing which action can be initiated against them. If a person defies a maintenance order given by a magistrate, he/she can also be tried under Section 188 of the Indian Penal Code.
The state's policy, which it says is more comprehensive than a similar policy it framed in 2004, also says housing societies have to make all basic facilities available for the elderly, and laws will be changed so that elders get access to the best amenities at existing co-operative housing societies.
"The lives of elders are being affected by modern-day lifestyle, the stress of whether their children will look after them and financial worries. So, apart from care and counselling, we will ensure they get good amenities in housing societies and new townships by amending the Town Planning Act," Chavan said. The state is considering granting additional FSI for development for such facilities.
IPS officer-turned lawyer Y P Singh said the state's act of shaming may be challenged in court unless the state frames a law.
"There are cases where parents go to old-age homes on their own because they offer the best of healthcare facilities. If children are financing that as per their parents' wishes, then any action under the policy may not stand legal scrutiny as it might violate fundamental rights," he said.
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