By Dr. Sailaja Petikam
The population of elderly persons has been increasing over the years. In India, about 8% of the total population is above 60 years, and this figure is projected to cross the 18% mark by 2025. Senior citizens face a number of problems—mainly economic problems due to the loss of employment, income deficiency, and economic insecurity. Another major set of problems includes physical and physiological challenges, such as health and medical problems, nutritional deficiencies, and the lack of adequate housing.
In order to protect the rights of senior citizens and aging parents, the Government of India provides special provisions in a number of legislations, viz. Articles 41 and 46 of the Constitution of India (1950), maintenance under Section 125 of the Cr.P.C. (1973), and Section 20 of the Hindu Adoptions and Maintenance Act (1956) for Hindus and other uncodified personal laws. However, the Government of India recently enacted a separate legislation—The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act No. 56 of 2007)—to provide more effective provisions for the maintenance and welfare of parents and senior citizens recognized under the Constitution and to establish special Tribunals for the enforcement of these provisions.
In 1992, the UN General Assembly adopted a proclamation to observe the year 1999 as the International Year of Older Persons, and declared October 1st as the International Day of Older Persons. On December 16, 1991, the UN General Assembly adopted 18 principles organized into five clusters: independence, participation, care, self-fulfillment, and dignity.
Maintenance Provisions under the 2007 Act
- Definition of Parent and Child: “Parent” means a father or mother, whether biological, adoptive, or step-father/step-mother, whether or not they have attained the age of 60 years, provided they are unable to maintain themselves from their own earnings or property. A childless senior citizen can claim maintenance from a relative. “Relative” means any legal heir of a childless senior citizen who is not a minor and has sufficient means, or who is in possession of or would inherit their property after death. Where more than one relative is entitled to inherit, maintenance is payable in proportion to their inheritance share.
- Maintenance Tribunal: State Governments constitute Maintenance Tribunals in each sub-division for adjudicating maintenance applications. An application can be filed against children or relatives by the senior citizen/parent, an authorized person/organization on their behalf, or taken up suo motu by the Tribunal in the district where the senior citizen resides or last resided, or where the children/relatives reside.
- Conciliation and Orders: Before hearing an application, the Tribunal refers it to a conciliation officer, who submits findings within one month. If an amicable settlement is reached, the Tribunal passes an order accordingly. If children or relatives neglect or refuse to maintain the senior citizen, the Tribunal may order them to pay a monthly allowance (not exceeding 10,000 rupees per month as prescribed by the State Government). Orders have the same force and effect as orders passed under Section 125 of the Cr.P.C.
- Appeals: Any aggrieved senior citizen or parent may appeal to the Appellate Tribunal within 60 days from the date of the order. The order of the Appellate Tribunal is final.
- Maintenance Scope: Maintenance includes provisions for food, clothing, residence, medical attendance, and treatment, while welfare includes provisions for food, healthcare, recreation centres, and other amenities.
Old Age Homes and Medical Support
- Old Age Homes: State Governments may establish and maintain old age homes at accessible places in a phased manner (beginning with at least one in each district to accommodate a minimum of 150 indigent senior citizens). States prescribe management schemes, standards, and services necessary for medical care and entertainment.
- Medical Support: State Governments must ensure that government hospitals or partially/fully funded hospitals provide beds for senior citizens as far as possible, arrange separate queues, expand treatment facilities for chronic, terminal, and degenerative diseases, expand research activities on aging/chronic diseases, and establish earmarked geriatric facilities in every District Hospital headed by a medical officer experienced in geriatric care.
Protection of Life, Property, and Offences
- Transfer of Property Made Void: Where a senior citizen has transferred property by way of gift or otherwise after the commencement of the Act, subject to the condition that the transferee provides basic amenities and physical needs, and the transferee refuses or fails to provide them, the transfer shall be deemed to have been made by fraud, coercion, or undue influence, and may be declared void by the Tribunal at the option of the transferor. Right to receive maintenance out of an estate can also be enforced against transferees who had notice of the right or took the property gratuitously (though not against transferees for consideration without notice).
- Abandonment: Whoever has the care or protection of a senior citizen and abandons them in any place with the intention of wholly doing so shall be punishable with imprisonment up to three months, a fine up to 5,000 rupees, or both.
- Nature of Offences: Every offence under this Act is cognizable and bailable, and shall be tried summarily by a Magistrate.
Governmental Protection and Conclusion
Apart from the 2007 Act, the Government of India provides reliefs through various schemes, such as travel concessions and pensions for senior citizens unable to maintain themselves.
In conclusion, the degeneration of the joint family system dislocates familiar bonds and diminishes respect for the aged. Families in modern times should not be assumed to be safe havens for aging parents. Although state governments take measures for publicity and awareness, a significant number of parents hesitate to lodge complaints against their children out of affection and a desire for their children’s prosperity, even when placed in unsafe positions. Because certain problems of elderly persons remain unsolved by legislation alone, there is an urgent need to protect them with utmost care, guarding against toothless enforcement and inadequate societal structures.