Foreword


In
India, older people face problems in different areas such as difficulty in
physical and mental health, difficulties regarding social care, income,
employment, safety and securities. In order to protect the older people in our
society, some rights and protective principles are there, which can be divided
into three categories; protection, participation and image. In this regard, it
can be stated that the principle of protection refers to the right of getting
emotional, physical and psychological safety. The principle of participation
refers to the requirement of a more active role of elderly people in our
society. Finally, the concept of an image refers to minimizing the discriminatory
idea about older persons. The rights that the older persons have are based
on the aforementioned principles, however, some rights are given to the older
persons through the constitution, and some rights are there from the personal
family laws. In this context, it is also to be noted that violation of the
rights of the elderly people consequences in criminal offence and actions are
taken by applying the Code of Criminal Procedures.


(Source: www.Agewellfoundation.org)



Rights under the Constitution of
India


The
Constitution of India protects the right of the old persons through Article 41.
According to Article 41, the state shall provide assistance to the old people
with the limits of its economies capacity. This assistance shall include
assistance to the old persons and assistance for sickness and disablement. Thus,
if the state does not provide assistance to the older people, one can make writ
petition to the Supreme Court of India for forcing the state to follow the
Constitution.   


Rights under Personal Laws


In
our country, different personal laws, such as Hindu Law, Muslim Personal Law
and other personal laws define the status of old family members. In order to
understand the right of older persons, we need to understand the provisions for
protecting the rights of elderly people in personal family laws.


                              Hindu
Law


Under
the Hindu personal law, it is the duty of a son and daughter to maintain their
parents. Under Section 20 of the Hindu Adoption and Maintenance Act 1956, the
sons and daughters are equally liable to maintain their parents. This act
clearly states that the old and weak persons are required to be maintained by
their sons and daughters with proper medical treatment and financial support.
In this regard, it is to be noted that the right to get maintenance by the old
parents is not absolute according to this act. Parents, who are capable of
maintaining themselves, are not legally bound to be maintained by their parents
according to the above-stated law. 


                              Muslim
Law


Like
the Hindu law, the Muslim law also states that it is the duty of the children
to maintain the old parents. According to Mulla;


                              1. Children, who
are in favourable circumstances, are bound to maintain their parents,


                              2. A son, though
in strained circumstances is bound to maintain his mother, if she is poor,
though she may not be infirm,


                              3. A son, who is
not poor, is earning something, liable to support his father, who earns
nothing.





                              Persi
and Christian Law


The
Persis and the Christians have no personal laws, which provide guidelines for
maintenance to the elderly people. Due to this reason, old persons can claim
maintenance from their sons under the Code of Criminal Procedure.


Criminalization of violation of the right of the elderly under the Code of Criminal Procedures


First
of all, it is to be cleared that the Code of Criminal Procedure 1973 is a
procedural law and does not speak the duty or obligation of a person. In addition,
it is to be stated that this is a secular code and therefore applicable to every
citizen of our country. Here, Code 125 states that a Magistrate may order a
person for providing maintenance to old parents. In this regard, the code also
clarifies that the parents must be incapable of maintaining themselves in order
to claim such maintenance. Thus, it is clear that it is a right to the old
persons to get maintenance from his/her sons or daughters.  


Government Policies


The
Government of India has taken various initiatives in order to facilitate the
old people of the country. The National Policy for Older Persons was formed
with the intention of accelerating the welfare measures and empowering the elderly
to claim their rights. According to this policy, the following benefits will be
available to elderly persons:


1. Old age homes
will be constructed by the government for facilitating the old citizens who do
not have shelter to live


2. Daycare
centres will be made in every district


3. Pension Fund
shall be set up by the government for protecting the old persons who were
employed in unorganized sectors


4. Government
shall establish resource centres and re-employment bureaus for persons above 60
years of age


5. A discount of
50% on air (Indian Airlines) and rail fares for travelling shall be allowed to
the senior citizens


6. Life Insurance
Corporation of India (LIC) has taken initiatives by forming policies for
ensuring the financial help to the old persons with the help of Jeevan Akshay Yojana, Jeevan Dhara Yojana, Medical Insurance Yojana and Senior Citizen Unit Yojana


7. With the help
of Annapurna Yojana, the government will be given food (10 KG) every month


 8. Tax benefit is
also given to senior citizens. Under section 88 B, 88 D and 88 DDB of the
Income Tax Act 1961, senior citizens and super senior citizens will get a tax
discount.





The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007


                              OBJECTIVE OF THE ACT


This
act emphasizes on the speedy procedure to claim monthly maintenance for old
parents. According to this act, the children are liable to pay monthly
maintenance to their old parents and grandparents. This act is applicable to
the senior citizens that mean persons above 60 years of age. This act not only creates an obligation for children and grandchildren but also for the relatives of senior
citizens. This law is applicable to the whole of India except Jammu and
Kashmir.   


Who
are the relatives?


According
to this act, a relative is a person, who is a legal heir of a childless senior
citizen.


Who
can demand maintenance under this act?


                              a. Parents or
grandparents who are unable to maintain themselves from their own earnings


                              b.
Childless parents can claim maintenance from their relatives


What
is maintenance under this act?


Under
this act, maintenance means provisions for food, clothing, medical treatment
and residence.


What
is the maximum amount of maintenance under this act?

Tribunal, in response
to any claim, cannot order maintenance above Rs. 10,000 per month. Thus, the
amount of maintenance shall not exceed Rs. 10,000 per month.







Readings

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