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On August 21, India observes National Senior Citizens Day, which acts as a potent reminder to recognise not just our elderly’s contributions, but also the mounting issues they confront, such as neglect, financial insecurity, and social isolation. Traditional family support systems are gradually diminishing, making legal protections for the elderly more important than ever.
This article seeks to provide light on senior citizens’ rights under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It investigates how the law empowers elderly, defends their dignity, and describes the measures available to ensure their welfare and security.
Senior citizens in India endure several obstacles, many of which are unseen to the general public. This includes:
Emotional neglect as families become nuclear and children migrate for employment.
Financial exploitation or the absence of support from adult children
Property disputes frequently lead to eviction or desertion.
Abuse, both physical and psychological, sometimes inside families.
With changing ideals and more urbanisation, the elderly are frequently left to fend for themselves. While some are lucky to have supportive families, many struggle silently. Legal protections provide a safety net for this disadvantaged segment of society.
The Maintenance and Welfare of Parents and Senior persons Act, 2007 is a central law designed to protect the well-being and dignity of senior persons and parents, including adoptive and stepparents.
The key objectives of the Act include:
Requiring children (and, in rare situations, grandchildren) to provide maintenance for their parents or older family members.
Providing a legal mechanism for seniors to claim support.
Require state governments to create old-age homes.
Penalising those who abandon or neglect seniors.
This Act is a critical step towards recognising the state’s responsibility in elder care, especially when family support fails.
The Senior Citizens Act establishes many rights and entitlements that directly benefit the elderly:
Senior citizens may claim monthly maintenance from their children or legal successors. This covers not just food and shelter, but also medical care. The Maintenance Tribunal can award payment of up to Rs 10,000 per month (subject to state-specific laws) to the older.
Unlike other legal proceedings, this Act establishes a time-bound, simple process. Senior individuals can apply without engaging a lawyer, either directly or through a representative.
Tribunals must settle maintenance claims within 90 days, which is faster than regular civil litigation.
Abandoning a parent or older citizen is a criminal offence under the Act. It can result in fines or imprisonment lasting up to three months.
Senior citizens cannot be forcibly evicted from a home that they own, co-own, or helped develop, even if it is in the name of their offspring. This prevents them from being evicted unfairly.
The Act requires that each state establish old-age homes, particularly for destitute or homeless elders, with proper facilities and healthcare.
While the law is progressive, its impact has been constrained by implementation barriers:
Senior citizens have low awareness of their rights.
Reluctance to pursue legal action against their own children.
Insufficient infrastructure, particularly in rural areas.
Delays in tribunal operation, notwithstanding prescribed timelines.
Poor monitoring of private and state-run elderly homes.
As with many social laws in India, the gap between policy and practice is still a major concern.
To enhance the Act’s effectiveness, the government introduced the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, which is still undergoing implementation. It aims to:
Broaden the concept of “children” to include son-in-law and daughter-in-law.
Enhance oversight of eldercare institutions.
Allow senior citizens to receive interim maintenance throughout the process.
Make registration of old age homes mandatory.
Such revisions are required to bring the Act into line with current reality.
Laws aren’t enough. Protecting our seniors necessitates a collective cultural shift. Here’s what people, families, and communities can do:
Inform elders of their legal rights through awareness campaigns and local initiatives.
Establish support groups and senior citizen associations at the community level.
Encourage legal aid clinics and NGOs to assist elderly with filing claims.
Encourage intergenerational bonds with school and college outreach activities.
Inform young adults about empathy, respect, and responsibility for elders.
On this National Senior Citizens Day, it is critical to look beyond symbolic gestures and prioritise meaningful action. Our elderly deserve more than just respect; they require robust legal safeguards to defend their rights and dignity. The Senior Citizens Act of 2007 is a significant step in this direction, although its effectiveness is greatly dependent on public awareness and proper enforcement.
This article was written by Adv. Abdul Mulla, the founder of www.asmlegalservices and www.lifeandlaw.in, two platforms focused on legal education and advocacy. His work focuses on empowering vulnerable people, notably senior folks, by providing accessible legal information and assistance.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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