Blog
LAWS FOR THE PROTECTION OF SENIOR CITIZENS
Leave a Comment / Uncategorized / By admin
“An elderly person at home is a living golden treasure.”
1. Having elders & senior citizens at home not only gives advantage of their experience for better management of situations & problems; but also love, care & affectionate treatment that enhances bonding and consequently quality of life.
It is therefore that being aware of this fact, India has always been rich in culture, believing in and following the joint family system for decades and respecting this golden treasure, since inception.
However, of late, with the depleting culture and moral values, senior citizens have been reportedly subjected to neglect, ill-treatment and emotional abuse. Statistics state that 35% of the elders suffered abuse at the hands of their sons and 21% by daughters in law. According to the Help Age India Report in 2018, ¼ of the aged persons in urban India face abuse in the form of disrespect56%, verbal abuse 49% & neglect 33% more prominent in elders above 80 years of age. Eg- An excerpt of diary of a 78 year old school teacher who spent the last years of his life in old age home, far from his family, read.. “They separated me from my books, I kept silent; Then they kept me away from my wife, I still kept silent. They put me away from my home, I had to keep silent. My daily medicines provided me the only company; My ‘age’ was a burden and I lived in silence.”
2. Indeed there are couple of laws and provisions, prevalent which aim at supporting the senior citizens generally, like other citizens, including :
i. Indian Penal Code, 1860 :
Section 506 of the Indian Penal Code provides, “Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc
Thus it provides for punishment for criminal intimidation generally. However, it does not provide for the sustenance of the senior citizens and barely protects their complete interest and welfare.
ii. The Hindu Adoption & Maintenace Act:
Section 20 (3) of the Hindu Adoption & Maintenance Act, 1956 The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. Explanation.—In this section “parent” includes a childless step-mother.
However, although this takes care of the financial dependence of elderly, it does not deal with or mend physical or emotional abuse.
iii. Constitution of India, 1950
The Constitution of India vide Articles 14,19,21 ensures freedom, equality and right to life.
a. Article 14 provides that The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
b. Article 21 states that No person shall be deprived of his life or personal liberty except according to a procedure established by law.
c. Article 41 of the Indian Constitution directs the state to secure the right to work, education and public assistance in certain cases such as unemployment, old age, sickness and disablement.
d. Article 46 provides that The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
Thus, the Constitution falls short in terms of particularly supporting the senior citizens in terms of security of shelter, violence and economic independence.
iv. Code of Criminal Procedure 1973:
Section 125 provides for Order for maintenance of wives, children and parents. It states that
HYPERLINK “https://indiankanoon.org/doc/1695755/”(1) If any person having sufficient means neglects or refuses to maintain-….
HYPERLINK “https://indiankanoon.org/doc/1541951/”(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:
HYPERLINK “https://indiankanoon.org/doc/109334/”(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.
HYPERLINK “https://indiankanoon.org/doc/49850/”(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’ s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made…
Thus, although Section 125 of CRPC provides for the maintenance of elders or parents by the children, it neither covers physical & emotional abuse nor arrests violence.
3. Statistics pertaining to elderly abuse & consequances:
Apparently, despite the prevalent statutory provisions, elderly abuse in the form of physical, sexual, emotional or psychological abuse, neglect and financial abuse is perpetrating and rising. The ratio of elderly abuse of late is alarming.
In 2007, 4766 cases of suspected abuse, neglect, or financial exploitation involving older adults were reported, an increase of 9 percent over 2006. 19 incidents were related to a death, and a total of 303 incidents were considered life-threatening.
Repercussions can be seen in the victims suffering from physical injuries, scratches, bruises, as also graver ones of head injuries, broken bones, soreness causing premature deaths.
It is for curbing these elderly abuses that necessitated enactment of the Maintenance & Welfare of Parents and Senior Citizens Act 2007.
4. The Maintenance & Welfare of Parents and Senior Citizens Act 2007 and relevant important provisions:
The Maintenance & Welfare of Parents and Senior Citizens Act 2007 was enforced on 29th December, 2007.
The object of the Act is “ To give effect to the provisions for the welfare of parents and senior citizens, as guaranteed and recognised under the Constitution, by providing for the maintenance and welfare of parents and senior citizens, ensuring that overall physical and mental well-being establishment management and regulation of institutions for senior citizens and services therefore and for other matters connected therewith or incidental thereto”
It provides complete security to the parents and senior citizens in terms of security of maintenance, residence as well as medicare. Following are the important provisions of the said Act
1. Maintenance of Parents and Senior Citizens (Section 4):
Section 4 of The Act mandates that children and relatives are legally bound to provide maintenance to their parents or senior citizens. This includes providing them with food, clothing, shelter, and healthcare. In cases where the children or relatives fail to do so, they can be compelled to pay a monthly allowance. It ensures that senior citizens do not suffer neglect or abandonment and can live with dignity and financial security.
2. Eviction from Property (Section 5):
Section 5 of The Act prevents the eviction of senior citizens from their own property by their children or relatives. It is pertinent to note that this provision ensures that senior citizens have the right to reside in the shared household, even if they do not own it. It safeguards senior citizens from being rendered homeless or forced into undesirable living situations.
3. Medical Care (Section 20):
Section 20 of The Act emphasizes the provision of healthcare facilities to senior citizens, which contains access to medical facilities and geriatric care. It directs the government to establish and maintain old age homes and hospitals, thus ensuring that senior citizens receive the necessary medical attention and support for their physical and mental well-being.
The Act thus addresses the pressing issues faced by senior citizens, ensuring that they live a life of dignity, free from neglect and hardship. It is a crucial step towards building a more inclusive and compassionate society, where the elderly can age gracefully and with the support they rightfully deserve.
It was further amended in 2019 to enhance the implementation thereof. However, it is observed that many are still unaware of this benevolent legislation enforced for protection of senior citizens and its advantages.
Let us all therefore pledge to share it to the maximum, through awareness programmes, that will enable achieve the object of the Act of curbing elderly abuse and nipping it in the bud, to attain freedom of life, liberty, justice to the elderly in spirit.
WhatsApp