THE IMPERATIVE OF ELDER LAW IN PROTECTING SENIOR CITIZEN’S RIGHTS

INTRODUCTION

In the twilight years of life, when support and care are paramount, elderly individuals often find themselves grappling with vulnerability and neglect. The once revered guardians of wisdom and tradition are increasingly subjected to abandonment and deprivation of their fundamental rights. As the fabric of family dynamics shifts and societal priorities evolve, many senior citizens face the harsh reality of being overlooked by their own children, left to navigate the complexities of aging alone. This growing issue underscores the urgent need for robust legal frameworks and stricter regulations to safeguard the dignity and well-being of our elderly population

This shloka, from the Taittiriya Upanishad, translates to “Let your mother be a goddess to you, let your father be a god to you, let your teacher be a god to you, let your guest be a god to you.” It emphasizes the importance of respecting and caring for our parents, teachers, and guests, reflecting the deep-rooted cultural value of honoring our elders.
Elderly citizens, as one of the most vulnerable segments of society, require comprehensive legal protections to ensure their rights are upheld and their needs are met. Despite the existence of laws and schemes designed to support them, a significant portion of the elderly remains unaware of these provisions, leaving them without the necessary resources to secure their health, finances, and overall welfare. It is imperative for the government and lawmakers to strengthen these legal measures and enhance awareness, ensuring that senior citizens can live their golden years with the respect and care they deserve.
In a rapidly evolving world, the elderly often find themselves on the fringes, struggling with issues of neglect and abandonment. The traditional support systems that once protected our senior citizens are weakening, leaving many elderly individuals without the care and attention they desperately need. Their vulnerability is further compounded by the lack of awareness about the legal rights and government schemes specifically designed for their benefit.
As children become more engrossed in their personal and professional lives, the bond with their aging parents often weakens, leading to situations where elderly parents are left to fend for themselves. This abandonment is not just a social issue but a significant legal concern that necessitates immediate attention. The increasing instances of elder abuse, neglect, and financial exploitation highlight the need for stricter laws and better enforcement mechanisms to protect this vulnerable demographic.
The government and lawmakers play a crucial role in this context. By enacting and enforcing comprehensive elder laws, they can create a safety net that ensures senior citizens are not only protected but also empowered to lead dignified lives. However, the existence of such laws and schemes is futile if the intended beneficiaries are unaware of them. Many elderly individuals remain oblivious to their legal rights and the various government schemes designed to assist them, whether it be in healthcare, financial support, or legal aid.
This article aims to shed light on the essential legislation and schemes available for the elderly in India, emphasizing the need for increased awareness and accessibility. By understanding these legal protections and resources, we can collectively advocate for the rights of our senior citizens and provide them with the support they need during their most vulnerable years. Ensuring that the elderly are informed about their rights and the assistance available to them is not just a legal obligation but a moral imperative, reflecting the values of a compassionate and just society.

Many international documents and the national legislations of some foreign countries use varied terminologies like “older persons”, “third age” , “aged persons”, “elderly” , “the aged”, ”seniors” for referring to “senior citizens. In India, we use the term “Senior Citizen‟ defined under section 2(h) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as “Any person being a citizen of India, who has attained the age of 60 years or above.” Keeping in mind the above problems and needs; the Government had adopted The National Policy on Older Persons (NPOP) in 1999 to ensure food, shelter, financial security, health care, protection from abuse and exploitation etc. for improving the standard of living of the elderly. There were various other policies which were enacted under Article 41 and 46 of the Constitution of India. Till 2007, there was no exclusive enactment for protecting the Right of elderly. The courts majorly relied upon section 125 of Code of Criminal Procedure and Indian Penal Code 1860 for financial security and penalizing the actions of the wrongdoer.

CONSTITUTIONAL PROVISIONS ON RIGHTS OF SENIOR CITIZENS IN INDIA ARTICLE 21 IN CONSTITUTION OF INDIA

21. Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law
Article 21 of the Indian Constitution, which outlines the fundamental right to life and personal liberty, inherently includes the right to live with dignity. This right encompasses essential needs such as food, shelter, clothing, and a decent standard of living for every citizen of India. Therefore, it is undeniable that elderly individuals, as part of the human population, are entitled to a quality life and dignity

ARTICLE 41 IN CONSTITUTION OF INDIA

41. Right to work, to education and to public assistance in certain cases: The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want

ARTICLE 46 IN CONSTITUTION OF INDIA

46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections: 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

Articles 41 and 46, found in Part IV of the Indian Constitution, serve as directives for the state to protect the fundamental rights of its citizens. Article 41 stipulates that citizens have the right to public assistance in cases of old age, sickness, and disability. Article 46 addresses the protection of the economic interests of weaker sections of society, which implicitly includes senior citizens. Although these Directive Principles of State Policy are not legally binding or enforceable, the state has a positive duty to develop policies for the protection of senior citizens, as these directives are crucial for the governance of the country
In alignment with these Articles, the Ministry of Social Justice and Empowerment introduced the National Policy for Older Persons in 1999. This policy aims to assist senior citizens in areas such as healthcare, tax exemptions, pension schemes, land grants, welfare funds, and counseling services. A similar scheme, called the National Policy for Senior Citizens (NSC), 2011 aims to address issues concerning senior citizens living in urban and rural areas, laying special focus on the needs of the “oldest of the old” and older women in particular. The NPSC, 2011 focuses extensively on issues of older women, increased employment opportunities, implementation of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and living facilities for abandoned senior citizens

Key initiatives under the National Policy for Older Persons in 1999 policy include

The “Annapurna Scheme,‟ which provides ten kilograms of free rice or wheat per month to destitute elderly individuals through the public distribution system.
The establishment of a “pension fund‟ for those working in the unorganized sector.
The creation of re-employment centers for individuals over the age of sixty.
The provision of concessional rates on air and rail tickets for senior citizens.
Sections 88 B, 88 D, and 88 DB of the Income Tax Act of 1961, which offer tax exemptions for senior citizens.
Life Insurance Corporation schemes such as Medical Insurance Yojna, Jeevan Akshay Yojna, Jeevan Dhara Yojna, and Senior Citizen Unit Yojna designed to benefit elderly citizens.

OTHER PROGRAMMES AND SCHEMES FOR THE WELFARE OF THE OLDER PERSONS/SENIOR CITIZENS UNDER THE MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

The Atal Pension Yojana (APY)

It was launched on May 9, 2015, aims to mitigate longevity risks for workers in the unorganized sector lacking statutory social security. It targets all citizens in this sector who have joined the National Pension Scheme (NPS), overseen by the Pension Fund Regulatory and Development Authority (PFRDA). The government supports eligible subscribers by contributing 50% of their annual contribution or Rs. 1,000, whichever is lower, for five years.

Key features of APY include

Open to Indian citizens aged 18-40 with a savings bank account.
Guarantees a minimum pension of Rs. 1,000, Rs. 2,000, Rs. 3,000, Rs. 4,000, or Rs. 5,000 per month starting at age 60.
Monthly contributions for 18-year-old joiners start at Rs. 42, Rs. 84, Rs. 126, Rs. 168, or Rs. 210, depending on the desired pension amount

The Integrated Programme for Senior Citizens (IPSrC)

It is formerly known as the Integrated Programme for Older Persons (IPOP) and revised in April 2018, is a Central Sector Scheme aimed at enhancing the quality of life for senior citizens. The scheme provides up to 100% funding for the operation and maintenance of various projects, including:

1) Senior Citizens Homes and Senior Citizens‟ Homes for 50 Elderly Women under Sansad Adarsh Gram Yojana (SAGY), offering food, care, and shelter for at least 25 destitute seniors or 50 female seniors, respectively.

2) Continuous Care Homes and Homes for seniors with Alzheimer’s or Dementia, accommodating a minimum of 20 seriously ill seniors needing constant nursing care or those with Alzheimer’s or Dementia.

3) Mobile Medicare Units to deliver medical services to seniors in rural, isolated, and backward areas.

4) Physiotherapy Clinics for seniors, with grants provided to agencies with a proven track record in senior welfare projects, serving at least 50 seniors per month.

5) Regional Resource and Training Centres (RRTCs), which play a crucial role in ensuring the effective implementation of the Ministry’s policies and programs by offering monitoring, technical support, advocacy, networking, training, and capacity building for service delivery centers funded by the Ministry. Additionally, the scheme supports other activities that align with its objectives and the implementation of policies for senior citizens.

Rashtriya Vayoshri Yojana (RVY)

It was announced by the Finance Minister in the 2015-16 Budget Speech. This scheme offers free assistive devices to senior citizens from Below Poverty Line (BPL) households who suffer from age-related disabilities like low vision, hearing loss, tooth loss, and locomotor impairments. The devices provided
include walking sticks, elbow crutches, walkers/crutches, tripods/quadpods, hearing aids, wheelchairs, artificial dentures, and spectacles, among others.

Senior Citizens Welfare Fund

It was established in March 2016. The fund is administered by an Inter-Ministerial Committee, with the Ministry of Social Justice and Empowerment acting as the nodal Ministry. This fund is utilized for senior citizen welfare schemes, in line with the National Policy on Older Persons (NPOP), including schemes for promoting financial security of senior citizens, healthcare and nutrition for senior citizens, welfare of elderly widows, schemes relating to old-age homes, day-care centers, etc

BENEFITS EXTENDED BY OTHER CENTRAL MINISTRIES FOR THE WELFARE OF SENIOR CITIZENS

MINISTRY OF RURAL DEVELOPMENT

The Indira Gandhi National Old Age Pension Scheme (IGNOAPS) is part of the National Social Assistance Programme (NSAP), initiated on 15th August 1995, in line with Article 41 of the Indian Constitution. As a non-contributory pension scheme, it offers financial assistance without requiring recipients to make any payments. Individuals aged 60 to 79 from Below Poverty Line (BPL) households receive a monthly pension of Rs. 350, while those aged 80 and above receive Rs. 650. This central assistance is further supported by matching contributions from state governments.

MINISTRY OF HEALTH AND FAMILY WELFARE

The National Program for the Health Care for the Elderly (NPHCE): It was launched by the Ministry of Health and Family Welfare in 2010 to offer specialized healthcare services to senior citizens through government health facilities at regional, district, and primary levels, including outreach services

Key provisions include

a) Geriatric outpatient departments (OPD) and 30-bed wards at

b) Regional Geriatric Centres.

c) Geriatric OPD and 10-bed wards at District Hospitals.

d) Bi-weekly geriatric clinics at Community Health Centres (CHCs).

e) Weekly geriatric clinics at Primary Health Centres (PHCs).

f) Provision of aids and appliances at Sub-centres.

2. The Rashtriya Swasthya Bima Yojana (RSBY): It was launched by the Ministry of Labour and Employment, Government of India, in 2008, aims to
offer health insurance to Below Poverty Line (BPL) families to protect them from financial burdens due to hospitalization. On April 1, 2016, the Senior Citizen Health Insurance Scheme (SCHIS) was introduced as an extension of RSBY, providing additional insurance for senior citizens aged 60 and above. This scheme enhances coverage by up to Rs.30,000 per senior citizen in qualifying families

Key features of the SCHIS include

a) A registration or renewal fee of Rs.30 per family annually.

b) Coverage of all pre-existing conditions.

c) A maximum premium of Rs.750 per family.

d) Coverage limited to secondary care hospitalization procedures.

e) Inclusion of over 1500 standard medical packages.

f) Empanelment of both public and private hospitals.

g) Issuance of smart cards for beneficiary identification.

MINISTRY OF FINANCE

1. Health Insurance: On May 25, 2019, the Insurance Regulatory Development Authority (IRDA) issued guidelines to the CEOs of all General Health Insurance Companies regarding health insurance for senior citizens. These instructions include allowing senior citizens up to 65 years old to join health insurance schemes, ensuring transparency in premium charges, documenting reasons for any proposal denials, and prohibiting the denial of policy renewals without specific reasons

2. Tax Benefits: Regarding tax benefits under the Income Tax Act, 1961, several incentives are provided for senior citizens (individuals aged 60 years or more residing in India)

a) Senior citizens with an annual income below Rs. 3 lakh, and those aged 80 years or above with an income below Rs. 5 lakh, are exempt from paying income tax.
b) Deposits up to Rs. 1.5 lakh in accounts under the Senior Citizens Savings Scheme Rules, 2004, are deductible under Section 80C.
c) A deduction of Rs. 20,000 is allowed under Section 80D for health insurance premiums for senior citizens.
d) Expenditures up to Rs. 60,000 for treating specified diseases are deductible under Section 80DDB.
e) No tax deduction at source (TDS) is required under Sections 193, 194, 194A, 194EE, or 194K if the senior citizen provides a declaration stating their estimated total income for the relevant year will be nil.
f) Service tax is exempt for activities related to educational programs or skill development for individuals over 65 years residing in rural areas, conducted by entities registered under Section 12AA of the Income Tax Act, 1961

MINISTRY OF LABOUR AND EMPLOYMENT

The Pradhan Mantri Shram-Yogi Maandhan Yojana(PM-SYM): It was introduced in the 2019 budget, is a pension scheme designed to provide old age protection and social security for unorganized workers. This includes individuals like rickshaw pullers, street vendors, mid-day meal workers, and others in similar informal occupations

Key points of the scheme

a) It is a voluntary and contributory pension scheme.

b) Subscribers receive a minimum assured pension of Rs 3000 per month after turning 60.

c) In the event of the subscriber’s death, the spouse is eligible for a family pension of 50% of the subscriber’s pension

Eligibility criteria include

a) Being an unorganized worker.

b) An entry age between 18 and 40 years.

c) A monthly income of Rs 15,000 or below.

d) Possession of an Aadhar card and a savings bank account or Jan Dhan account with an IFSC code

MINISTRY OF HOME AFFAIRS

Protection of Life and Property: The Ministry of Home Affairs, Government Of India has issued detailed advisories in 2008 and 2013 to all the State Government/UTs to take immediate measures to ensure safety and security and for elimination of all forms of neglect, abuse and violence against old persons through initiatives such as identification of senior citizens; sensitization of police personnel regarding safety, security of older persons; regular visit of the beat staff; setting up of toll free senior citizens helplines; setting up of senior citizen security cell; verification of domestic helps, drivers etc

MINISTRY OF RAILWAYS

It offers specific amenities to senior citizens:

a) Dedicated ticket counters for those aged 60 and above.

b) Preference for lower berths for men aged 60 and above and women aged 45 and above.

c) Discounts of 40% and 50% on basic rail fares for male (aged 60) and female (aged 58) senior citizens, respectively.

d) Availability of wheelchairs at stations to assist elderly passengers

MINISTRY OF CIVIL AVIATION

Through Air India, it provides several benefits to senior citizens:
a) Senior citizens aged 63 years and above receive up to 50% discount on the basic fare of normal economy class tickets upon presenting proof of age and nationality.
b) Automated buggies are provided free of charge to senior citizens at airports, facilitating easier transportation to boarding gates located at a distance.
c) After security checks, airport operators offer small trolleys for carrying hand baggage up to the boarding gate.
d) Air India offers multi-level fares on domestic sectors, ranging from low-level advance purchase fares to the highest ones, accommodating various travel needs.
e) Senior citizens aged 63 years and above receive a 50% discount on the highest economy class Basic Fare provided by Air India.

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

a) Two seats are reserved for the senior citizens in front row of the buses of the State Road Transport Undertakings.

b) Some State Governments also offer fare concession to senior citizens in the State Road Transport Undertaking buses and are introducing Bus Models, which are convenient for the elderly

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

1. Antyodaya Anna Yojana: Under the Antyodaya Anna Yojana scheme, the Below Povertv Line (BPL) families which also include older persons are provided food grains at the rate of 35 kgs per family per month. The food grains are issued at Rs.3/- per kg. for rice and Rs.2/- per kg for wheat. The persons aged 60 years above from the BPL category are given priority for identification.

2. Annapoorna Scheme: It was announced in the year 1999-2000, provides for food security to those poor senior citizens who are not covered under the targeted Public Distribution System (PDS) and who have no income of their own by providing 10 kgs of food grains per beneficiary per month free of cost to those senior citizens who remain uncovered under the National Old Age Pension Scheme. The scheme forms part of the National Social Assistance Programme (NSAP) and is implemented by the States /UT Administration

MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

In 2007, the Indian legislature introduced a landmark central legislation under Article 41 and Entry 23 of the Concurrent List, specifically addressing the protection of senior citizens‟ rights. This legislation was modeled on the “Himachal Pradesh Maintenance of Parents and Dependents Act, 2001.” The necessity for such a law was highlighted by the Standing Committee on Social Justice and Empowerment in its twenty-eighth report. The enactment aims to provide an affordable, swift, and straightforward mechanism for safeguarding senior citizens‟ rights. After being approved by both houses, the Bill received presidential assent on December 29, 2007, and was published in the official gazette on December 31, 2007. While some states have already implemented the Act, others are yet to do so and establish corresponding rules. This legislation is a significant step in recognising and protecting the rights of senior citizens. It not only establishes the legal right of senior citizens to claim maintenance but also addresses issues related to their welfare and protection.
The Act mandates that heirs and children of those senior citizens are legally obligated to maintain them. It also requires state governments to establish old age homes. Under this Act, senior citizens or parents can petition a tribunal to claim a monthly allowance from their children or legal heirs.
The MWPSC Act, 2007 is based on the vision of Article 41 of the Constitution

Following are the key highlights of the MWPSC Act in promoting a society that respects and cares for its elderly

Maintenance: The primary objective of the Act is to ensure that senior citizens receive necessary financial support and maintenance from their children or legal heirs. According to the Act, anyone over the age of 60 is
considered a senior citizen. Children and relatives (legal heirs) are legally obligated to provide financial assistance to their elderly family members if they are unable to maintain themselves. The provisions of Maintenance of Parents and Senior Citizens are provided under Chapter II of the Act from Sections 4-18

2. Role of Organizations: The Act authorizes voluntary organizations registered under the Societies Registration Act, 1860, to make applications for maintenance to the Tribunal on behalf of senior citizens given under Section 5(b) and to enforce property rights on their behalf given under Section 23(3) of the Act.

3. Establishment of Maintenance Tribunals: The Act establishes Maintenance Tribunals at the district level to address complaints related to the maintenance and welfare of senior citizens. These Tribunals have the authority to issue maintenance orders and ensure compliance, providing a legal recourse for senior citizens who face neglect or abandonment given under Section-7. The State Government is required to constitute one or more Tribunals and Appellate Tribunals for each Sub-division to adjudicate and decide on maintenance orders given under Section-15. The Act also allows for an appeal against the Tribunal‟s order within sixty days from the date of the order provided under Section-16 of the Act.

4. Healthcare and Medical Facilities: The Act emphasizes the importance of healthcare services for senior citizens. It mandates the State Government to provide beds for all senior citizens and to arrange separate queues for them given under Section-20 of the Act. Additionally, the State Government may establish old age homes in each district for indigent senior citizens in need provided under Section-19.

5. Protection of Property Rights: The Act safeguards the property rights of senior citizens, preventing fraudulent practices and abuse given under Section-23 of the Act. In cases where a senior citizen has transferred property via a gift deed to their child, the senior citizen has the right to revoke the gift if the transferee fails to provide basic amenities and physical needs to the transferor.

6. Punishment: Section-24 of the Act states that any person responsible for the care of a senior citizen who neglects their duties shall be punishable with imprisonment for up to three months, a fine of up to five thousand rupees, or both.

PERSONAL LAWS

Various personal laws in India significantly influence the rights and entitlements of senior citizens

Hindu Adoption And Maintenance Act, 1956

Section 20 in The Hindu Adoptions And Maintenance Act, 1956

20. Maintenance of children and aged parents: (1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.

(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.

(3) 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.

According to Section 20 of this Act,

both biological and adoptive parents have the right to seek maintenance from their sons and daughters if they are unable to support themselves. However, step-parents with their own biological children are not entitled to claim maintenance from their step-children

Quantum of amount to be claimed

23. Amount of maintenance

(1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so the court shall have due regard to the considerations set out in sub-section (2) or sub-section (3), as the case may be, so far as they are applicable.

(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged on infirm parents under this Act, regard shall be had to―

(a) the position and status of the parties;

(b) the reasonable wants of the claimant;

(d) the value of the claimant’s property and any income derived from such property, or from the claimant’s own earnings or from any other source;

(e) the number of persons entitled to maintenance under this Act.

(3) In determining the amount of maintenance, if any, to be awarded to a dependent under this Act, regard shall be had to― (a) the net value of the estate of the deceased after providing for the payment of his debts; (b) the provision, if any, made under a will of the deceased in respect of the dependant; (c) the degree of relationship between the two; (d) the reasonable wants of the dependant; (e) the past relations between the dependant and the deceased; (f) the value of the property of the dependant and any income derived from such property; or from his or her earnings or from any other source; (g) the number of dependants entitled to maintenance under this Act.

As per Section 23 of the HAMA 1956, the court can decide the maintenance amount or even change the amount already agreed upon to be paid to the aged parents, if the court feels that the original amount offered might not be sufficient for their survival

Muslim Personal Law

Under Muslim personal law, both sons and daughters are required to provide maintenance to their parents if the parents are impoverished and the children have the financial means to do so. Adoption is not recognized in the Muslim community, and thus, the personal law does not address the maintenance rights of adoptive parents.

According to Tyabji’s Principles of Muhammadan Law, parents and grandparents in poor circumstances are entitled under Hanafi law, to maintenance from their children and grandchildren who have the means, even if they are able to earn their livelihood

Christian and Parsi Law

Christian and Parsi personal laws do not explicitly provide for the maintenance of parents. Consequently, parents from these communities who seek maintenance from their children may need to pursue their claims under the Code of Criminal Procedure.

Code Of Criminal Procedure

The Code of Criminal Procedure includes provisions for claiming maintenance, complementing personal laws to ensure elderly individuals can seek financial support from their children or legal heirs.

According to Section 125 of the CrPC, parents, irrespective of their religious or community background, have the right to claim maintenance from their children, both sons and daughters. For these claims to be valid, certain conditions must be met:

Sufficient Means: The children must have adequate financial resources to provide maintenance to their parents.

Parents’ Financial Need: Parents must lack the means to support themselves, making them eligible for financial assistance

This provision ensures that elderly parents are not left destitute, providing them a legal mechanism to secure financial support from their children

CASE LAWS

Dr. Ashwani Kumar vs. Union of India & Ors1.
On December 13, 2018, the Supreme Court of India in a significant landmark ruling affirmed the right to life with dignity for the elderly under Article 21 of the Constitution, following a public interest litigation led by Dr. Ashwani Kumar and supported by HelpAge India

Key issues addressed included

Right to Pension:

The Court directed the government to reassess pension schemes to ensure adequacy and avoid redundancy, considering economic constraints. Old Age Homes and Right to Shelter: The Court mandated the government to ensure state-run old age homes are available in every district, in line with Section 19 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and requested a status report on their availability. Right to Health: The Court emphasized the effective implementation of Section 20 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which provides medical support to senior citizens. The Court underscored the importance of social justice, adapting to contemporary challenges, and issued a continuous mandamus to monitor the implementation of these rights, ensuring the dignity of elderly citizens

Khetramani Das v. Kashinath Das2

This is the oldest case on the subject of Maintenance. In this case, the Calcutta High Court referred to the Shastric Law as under -“The duty of maintaining one’s family is, however, clearly laid down in the Dayabhaga Law, Chapter-II, Section XXIII, in these words: The maintenance of the family is an indispensable obligation, as Manu positively declares.”

Dr. Mrs. Vijaya Manohar Arbat v. Kashirao Rajaram Sawai & another3

In this case, the Hon’ble SC observed that an application under section 125(1)(d) of the Code of Criminal Procedure, 1973, by a father claiming maintenance from his married daughter is very well maintainable. This is clear that the natural parents are entitled to receive maintenance from their children provided two conditions are fulfilled

(i) the son or daughter have sufficient means, and

(ii) the father or the mother is unable to maintain himself of herself. It is decided that even a daughter possessing sufficient means has the obligation to maintain her parents unable to maintain themselves

Kirtikant D. Vadodaria Vs. State of Gujarat4

In this case, the Supreme Court opined that old and infirm parents are entitled to maintenance under the Hindu Adoption and Maintenance Act, 1956 from their daughter the same way as from a son

Anil Kumar Dhiman vs State of Haryana5

With reference to the rights of the aged parents vis a vis eviction of the major children from the self-acquired property, The Hon’ble Punjab and Haryana High Court in this case held that the aged parents would have the right to evict their son and daughter in law; also observing humanly that, “when the children, who the parents have reared with untold sorrows and miseries, throw them at the mercy of their destiny and use their muscle power to torture and harass them, the parents‟ world get totally shattered which marks as the beginning for the unfortunate tale of their moving from one Forum to another for redressal

Hamina Kang v. District Magistrate (U.T.) and Ors6

2 (1868)2 Beng LR 15.

3 (AIR 1987 SC 1100)

4 (MANU/SC/1159/1996.)

5 [CRWP 1357 of 2019]

A very important issue was addressed by the High Court of Punjab and Haryana at Chandigarh about the nationality of the senior parent or senior citizens. As per the requirement of the 2007 Act the parent has to be a “citizen of India‟ in order to fall within the definition of “senior citizen”. In the present case, the parent was a citizen of India who had acquired the U.S. citizenship. But now as he wishes to settle back in India after retirement, he got registered himself as the “Overseas Citizen of India‟. He had filed for the recovery of possession of property under 2007 Act. The Court held that a parent would be entitled to get the benefit under 2007 Act irrespective of his age and nationality as the main object and idea of the act is to protect the rights of the parents and senior citizens.

Vinod Anand v. Deputy Commissioner-cum-Appellate Tribunal and Ors7

The petitioner who was a senior citizen was forced to transfer his property in favor of his son. His son threatened both the elderly parents that he would commit suicide if they don’t execute the transfer deed. The High Court of Punjab and Haryana at Chandigarh held that the property was transferred by taking undue advantage of the age and weaknesses of the petitioner and the Court allowed the petitioner to enforce his legal right of declaring the transfer void by virtue of the definition “otherwise‟ under section 23 of the 2007 Act

CONCLUSION

Old Age of Parents is an unstoppable phase in the natural life cycle which every human being has to pass through. The Sanskrit verses “Matru Devo Bhava” and “Pitru Devo Bhava” from the Taittiriya Upanishad trace their origins to the ancient Indian Vedic era.

6 (2016) 182 PLR 138
7 2016(1)RCR(Civil)278

These teachings elevated the status of parents, honoring them as living gods and goddesses. This philosophy served as moral and ethical guidance for students graduating from Gurukuls.

Old age is an inevitable phase of life that everyone must experience. It brings numerous challenges and changes in thinking and living, often clashing with the younger generation‟s perspectives. This generational gap can lead to mistreatment and neglect of the elderly. They are frequently denied adequate food and medical care by their own family members, and in some cases, are coerced into signing away their property, evicted from their homes, and even disowned by their children. This leads to physical, verbal, financial, and psychological abuse, leaving them in extremely helpless situations.

In light of these realities, it is imperative that we strengthen and enforce elder laws in India to protect our senior citizens from such abuse and neglect. These laws must not only provide legal safeguards but also promote awareness among the elderly about their rights and the support available to them. By doing so, we can ensure that the dignity and well-being of our elderly population are upheld, allowing them to live their golden years with respect and care. Ensuring the welfare of our elders is not just a legal duty but a moral imperative, reflecting the values of a compassionate and just society.

Ligamine, Solicitors & Consultants

(A Unit of Law Office of Himanshu Raj)

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Authored by:- Advocate Himanshu Raj

The writer is an Advocate practicing in the Supreme Court of India & the Punjab & Haryana High Court, Chandigarh

Assisted by

Advocate Anshu Chaudhary, Advocate Sapna Randhawa, Advocate Pranav Goyal, Advocate Muskan Aggarwal, Tejaswin Raj & Bhavyam Raj