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The Maintenance and Welfare of Parents

and Senior Citizens Act, 2007 Priyanka Kaushal and Mrs. Vinay Sharma Introduction

Ageing is a natural process,

which inevitably occurs in human life cycle. It brings with a host of challenges in the life of the

elderly, which are mostly engineered by the changes in their body, mind, thought process and the

living patterns. Our culture stated status of parents as that of God through sayings like “Matrudeo

Bhava”, “Pitrudeo Bhava” etc. The famous “Shravankumar’s” story which was stated in

“Ramayana” establishes this fact. The parents and

senior citizens constitute a precious reservoir of such human resource as is gifted with knowledge

of various sorts, varied experiences and deep insights. Our culture considers them as first teachers.

The foundation of our life is built up by them. So children must take care of them, respect them. It

must be the moral duty of children to maintain their parents and senior citizens. Our traditional

values and norms lay stress on showing respect and providing care for the aged. May be they have

formally retired, yet an overwhelming majority of them are physically fit and mentally alert. Hence,

given an appropriate opportunity, they are in a position to make significant contribution to the socio-

economic development of their nation. But it is really disheartening to

note that the senior citizens and parents are mostly neglected, become desolate and find it very

difficult to eke out their livelihood. Some of them manage to find a place in the 'Homes for the

Aged', some of them choose to beg and most of them die of starvation and uncared for.

The Indian legislature has enacted 'The

Criminal Procedure Code, 1973, The Hindu Marriage Act, 1955, The Divorce Act, 1869 and

The Hindu Adoptions and Maintenance Act, 1956 etc for providing maintenance to the uncared

for spouses, children, sons and daughters and parents as well.

But none of the above mentioned acts bestow

any special attention on the aged people or the senior citizens, who have hitherto been neglected. But

the recently enacted act 'The Maintenance and Welfare of Parents and Senior Citizens Act,

2007' has sought to redress this grievance with an emphasis and focus on the senior citizens and

Student of B.A.LL.B. (Hons.), 3rd year, S.S.G.Panjab University Regional Center, Hoshiarpur. Assistant Professor, S.S.G.Panjab University Regional Center, Hoshiarpur.

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parents. It has made an earnest attempt to render justice to them.

An initiative of the Ministry of Social Justice

and Empowerment, this Act accords prime responsibility for the maintenance of parents on their

children, grand children or even relatives who may possibly inherit the property of a Senior Citizen.

It also calls upon the State to provide facilities for poor and destitute older persons.

In view of the increasing number of

cases of harassment of elderly citizens, the Act’s provisions are certainly noteworthy, especially as it

will hear out senior citizens’ and parents’ complaints of neglect, physical injury, mental cruelty,

separation from families and their restoration, against their children or any external agency. In other

words, justice will neither be delayed nor denied.

Target to be achieved by the Act

It aims to set up an appropriate mechanism

for need-based maintenance to parents and senior citizens, better medical facilities and old age

homes in every district.1 The purpose of the Bill is to secure financial stability for parents who are

unable to maintain themselves.2 It seeks for institutionalisation of a suitable mechanism for the

protection of the life and property of older persons.3

Survey concerning elder abuse

Many pan-India surveys reveal that almost 30% of India’s

elderly are subject to some form of abuse or neglect by their families. Ironically, in spite of this, only

one in six of the abused elderly reports the injustice. Shockingly, 47.3% of abuse against elders is

committed by adult caregivers, partners or family members, while 48.7% of all abuse cases imply

neglect of an elderly person, abandonment, physical, financial or emotional abuse. Nine out of 10

calls received by Mumbai’s Dignity Foundation pertain to property-related abuse. Help Age’s

Delhi, Bangalore and Chennai helplines report a similar trend.4

1 ‘The Hindu’, Wednesday, Mar 21, 2007, Online edition of India's National Newspaper, www.thehindu.com.

2 www.indiatogether.org.

3 ‘The Hindu’, Wednesday, Mar 21, 2007, Online edition of India's National Newspaper, www.thehindu.com.

4 Neeta Lal, ‘India's senior citizens finally get a hearing’, infochangeindia.org.

1

Why this Act was needed?

A community is known by the way it treats vulnerable sections of society such as the

elderly.5 Traditional norms and values of the Indian society laid stress on providing care for the

elderly.6 But present scenario suggests that these traditional norms and values have lost their

existence. Social scientists attribute many reasons to this upward spiral in injustice against senior

citizens and aged parents.7

Today, rapid urbanization and the compulsions of modern working conditions have lead to a

breakdown of the traditional joint family system resulting in the growth of nuclear families. 8 “Such

cases reflect a rapidly altering social landscape where family bonds are weakening and elders are

being marginalised,” says sociologist Dr Aruna Khatri.9

Consequently, as their children settled down in other cities, many aged parents and senior

citizens, who had conventionally enjoyed a place of pride in the family10, are now forced to spend

their twilight years all alone and are exposed to emotional neglect and to lack of physical and

financial support.11 They have to cope single handedly, which is quite difficult considering their

limited earnings.12

Another reason for this social menace, Khatri points out, is that a growing number of middle

class children are moving out of their parental homes to live independently or go overseas to seek

better work opportunities. “Changing family dynamics have left many elderly people feeling lonely

and more vulnerable to crime,” says Khatri. 13

Apart from the social and health problems, what also troubles the elderly -- especially in

cosmopolitan areas -- is lack of safety and security. For instance, gruesome crimes have been

5 india.gov.in.

6 voice4india.wordpress.com.

7 Neeta Lal, ‘India's senior citizens finally get a hearing’, infochangeindia.org.

8 india.gov.in.

9 Neeta Lal, ‘India's senior citizens finally get a hearing’, infochangeindia.org.

10 india.gov.in.

11 The Hindu’, Wednesday, Mar 21, 2007, Online edition of India's National Newspaper, www.thehindu.com.12 india.gov.in.13 Neeta Lal, ‘India's senior citizens finally get a hearing’, infochangeindia.org.

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committed against senior citizens living in Delhi, in the last few years. Overall, 500 murders of

senior citizens were committed in Delhi in 2005, 511 in 2004, and 547 in 2002. The motive was

mainly robbery, as the police claim the city’s elderly are soft targets.14

Better medical facilities have lead to increased longevity. The number of Senior Citizens in

the country has been steadily growing. In percentage terms, their population is projected to rise to

about 12.4 per cent in 2026, doubling from 76.6 million in 2006 to 173.1 million in 2026.15 This

clearly reveals that ageing has become a major social challenge.16

Parents and Senior Citizens form a physically and mentally active segment of society with

twin strengths as consumers and voters. Human beings need some kind of support in this age. Hence,

strong measures were needed to alleviate the pains of this vulnerable section, which comprises a

sizeable chunk of the population.17 Because of this it is necessary to put some legal and moral

obligation on children. And it can be done by enacting some laws and prescribing some

punishment. Threat of punishment is very essential to deal with such a situation. Family life is very

necessary for senior citizens and for parents to lead a life of security, care and dignity.18

Earlier, provision for maintenance was provided under section 20 of the Hindu Adoptions

and Maintenance Act, 1956 in which the aged parents can file the proceedings for their

maintenance, but it is religion restricted act.19 The maintenance of parents was also included in

section 125 of CrPC but the procedure is time consuming and expensive. So there was need of an

Act with secular approach and simple, inexpensive and speedy procedure to claim maintenance by

the suffering elders.20

With this in mind, “To cast an obligation on the persons who inherit the property of their

aged relatives to maintain them and to make provisions for setting up oldage homes for providing

maintenance to the indigent older persons and to provide better medical facilities to the senior

14 Neeta Lal, ‘India's senior citizens finally get a hearing’, infochangeindia.org.

15 india.gov.in.

16 voice4india.wordpress.com.

17 india.gov.in.

18 Shweta Durge, ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 : An Overview’, December21, 2009, jurisonline.in.

19 Ibid.20 The Hindu’, Wednesday, Mar 21, 2007, Online edition of India's National Newspaper, www.thehindu.com.

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citizens and to make provisions for protection of their life and property the Maintenance and Welfare

of Parents and Senior Citizens Bill was introduced in the Parliament. Further it became an Act in

2007.21

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

Translating Commitments into Entitlements

The act is very brief with only 32 sections. It applies exclusively to the parents and senior

citizens who are above the age of 60.22

Some of the salient features of the act are:

1) It provides for summary proceedings within a period of 90 days from the date of filing a petition

in a specially constituted Tribunal for this purpose. The Tribunal is manned by an officer not below

the rank of a sub- divisional officer.

2) The senior citizen can either apply to a Tribunal where he resides or where his son or daughter or

his near relative resides from whom he or she claims maintenance.

3) An uncared for or a childless senior citizen, though he or she possess property but does not derive

any income from it, can seek maintenance from his son or daughter or from his relative or relatives,

who will inherit his or her property after his or her death.23

4) The senior citizen can either apply in person or through a person authorized by him or through a

voluntary organization registered under the Societies Registration Act.

5) The Tribunal on receipt of a petition will suo motu take it on file and refer it for conciliation by a

conciliation officer within a period of one month.24

21 Shweta Durge, ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 : An Overview’, December 21, 2009, jurisonline.in.

22 Rama Lingam, ‘A Unique Act Called 'The Maintenance and Welfare of Parents and Senior Citizens Act, 2007",ezinearticles.com.

23 Ibid.

24 Ibid.

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6) The Tribunal enjoys the power of a first class magistrate for enforcing and summoning the

attendance of persons against whom the petition has been filed.

7) The Tribunal follows the same procedure of a civil court to adduce evidence from the petitioner

and the respondent.

8) The Tribunal can pass an order granting a maximum sum of Rs 10,000/- as maintenance to the

senior citizens and parents. The maximum amount is subject to the regulation of the concerned state

government.

9) The person against whom an order for maintenance has been passed has to comply with the order

within one month, failing which the Tribunal can imprison him or her up to a period of one

month.25

10) The maintenance amount shall also carry an interest varying between 5 % and 18 %.

11) The Act provides for the District Welfare Officer to act as maintenance officer and even to

conduct the proceedings for and on behalf of the senior citizens and aged parents.

12) The Act provides for the establishment of old age homes for the senior citizens and aged

parents by the concerned state governments.26

13) Preferential treatment should be given to the senior citizens in the hospitals like separate queues,

treatment, offering medicines and also promotion of research in the geriatric medicine.

14) Civil courts have no jurisdiction to interfere with the proceedings of the Tribunals like grant of

stay, ordering transfer etc.

15) Senior citizens and parents cannot be represented by any legal practitioner.27

25 Rama Lingam, ‘A Unique Act Called 'The Maintenance and Welfare of Parents and Senior Citizens Act, 2007", ezinearticles.com.

26 india.gov.in.

27 Ibid.

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16) State governments are empowered to enact rules for the effective implementation of the Act.

17) If a person who has been looking after a senior citizen forsakes him or her, he or she will be

punished by the Tribunal.

18) Appeal can be preferred against the order of a Tribunal and the appeal should be disposed of

within one month.

19) A senior citizen can seek maintenance for the purpose of his or her food, shelter, clothes,

medical facilities and recreation etc.28

20) A senior citizen who has transferred his property either to his son or daughter or near relative, by

virtue of a will or gift, can now get it cancelled by applying to the Tribunal, if he or she is neglected

by the legatee or the donee.

21) The provisions of the act have overriding effect. If any provision of any other act is

inconsistent with the provisions of this act, it will prevail over others.29

Commendable Changes introduced in the Society by the Act

This Act created a hope in the hearts of the aged people and marked a new dawn for them.

By bringing out the Maintenance and Welfare of Parents and Senior Citizens Act, the Government

has taken a small step towards bringing a smile to the faces of the elders of our society.30

Implementation of the Act : The UPA government tried to implement the

Maintenance and Welfare of Parents and Senior Citizens Act 2007 pan India by October 1—

International day for older persons.31 Currently, a very few States have notified this Act. They

are Nagaland, Karnataka, Jharkhand, Andhra Pradesh, Rajasthan, Assam, Kerala, Tripura,

Madhya Pradesh, Delhi and Orissa etc.32 Perturbed by other states’ tardiness, the minister of

28 Rama Lingam, ‘A Unique Act Called 'The Maintenance and Welfare of Parents and Senior Citizens Act, 2007", ezinearticles.com.

29 Ibid.

30 india.gov.in.

31 www.financialexpress.com.

32 india.gov.in.

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social justice and empowerment, Meira Kumar has written to the respective state governments

expecting they notify the Act soon.33 Other States are in the process of framing appropriate Rules for

this Act.34

Press reports suggest that the Act has been notified in the Tamil Nadu gazette and complying

with the provisions of the Act, the State Government has taken steps to increase the old age homes in

the suburbs of Chennai. A good start indeed.35

Setting up of Special Cells in Delhi : The Delhi police have set up a special cell

to deal with the security of senior citizens and abandoned aged parents, which coordinates and

monitors campaigns for their safety. An advisory has been issued for them to submit the names and

details of their servants to the nearest police station. Neighbourhood watch schemes, patrolling by

policemen, and wireless alarm systems are now other measures already in place.36

Settlement of Senior Citizen Corner : The National Portal of India has a

Senior Citizen Corner that offers information of special help to older persons in the country. It

provides details about health ailments, old age homes, government schemes, travel concessions,

loans, benefits and a lot more. The main aim of this section is to make the lives of Senior Citizens

safer, securer and financially sound.37

Organization working for welfare of aged people : National Institute of

Social Defence (NISD), functions as an autonomous and advisory body for Ministry of Social

Justice & Empowerment, Government of India and Resource and Training Centre of Excellence in

the field of Social Defence. The Institute is dedicated to developing and facilitating comprehensive,

effective and specialized interventions in the area of Social Defence. Its areas of concern are Old

Age Care, Other Social Defence Issues, and related sectors etc.38

33 www.financialexpress.com.

34 india.gov.in.

35 www.thehindubusinessline.com.

36 Neeta Lal, ‘India's senior citizens finally get a hearing’, infochangeindia.org.

37 india.gov.in.

38 nisd.gov.in.

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Various Schemes and Programmes introduced for welfare of elders :

The Ministry of Social Justice & Empowerment supports programmes for the welfare of the elderly

through financial assistance to Non Governmental Organizations under the two schemes detailed

below:-

Scheme of "Integrated Programme for Older Persons", through which financial

assistance up to 90% of the project cost is provided to NGOs for establishing and maintaining old

age homes, day care centres, mobile medicare units and to provide non-institutional services to older

persons.

Scheme of Assistance for construction of old age homes for older persons, under

which funds are provided for construction of old age homes. The Scheme is presently under

formulation.39

Initiatives taken by Government : The Ministry has recently revised the

'Integrated Programme for Older Persons' by enhancing the quantum of assistance in line with the

increase in CPI. Further, several new components like Helplines, Physiotherapy centres, mental

healthcare facilities, etc. The revised Scheme came into effect from 1.4.2008. In addition, the

Ministry is also in the process of converting its non-plan scheme of assistance for construction of old

age homes into a plan scheme.40

Projects admissible for assistance under the Integrated Programme for

Older Persons : Under the revised Scheme of Integrated Programme for Older Persons the

following projects/programmes are admissible for assistance under the scheme41:-

- Maintenance of Old Age homes.

- Maintenance of Respite Care Homes and Continuous Care Homes.

- Running of Multi Service Centres for Older Persons

- Maintenance of Mobile Medicare Units.

- Running of Day Care Centres for Alzheimer's Disease/Dementia Patients

- Physiotherapy clinics for older persons

39 socialjustice.nic.in.

40 Ibid.41 Ibid.

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- Disability and hearing aids for older persons

- Mental health care and Specialized care for the Older Persons

- Help-lines and Counselling Centres for older persons

- Sensitising programmes for children particularly in Schools and Colleges

- Regional Resource and Training Centres

- Training of Caregivers to the older persons

- Awareness Generation Programmes for Older Persons and Care Givers.

- Multi facility care centres for destitute older widow women

- Volunteers Bureaus for older persons

- Formation of Vridha Sanghas/Senior Citizen Associations.

- Any other activity, which is considered suitable to meet the objective of the

scheme.42

Protection of Life and Property of the elders : The said issue comes under Law

and Order, which is a State Subject. However, the Ministry had requested Director Generals of

Police of all States/Union Territories to take suitable measures for ensuring security of life and

property of older persons.43

Training of Manpower : The facilities provided by the Ministry for the training

and orientation of workers and volunteers of organizations providing services to the senior citizens

are as under:

National Institute of Social Defence, an autonomous body under this Ministry is giving training

to the employees of the voluntary organizations being assisted by the Ministry.

An Old Age Care Division set up in the National Institute of Social Defence is engaged in the

formulation and development of projects and programmes in the field of old age care.

NISD is also running 3-month training programme, 6 months certificate course and post

graduate diploma courses on old age care issues under project NICE. The students are also

trained in dealing with ethical issues in geriatric care and using practical tools for addressing the

problems of older persons.44

42 socialjustice.nic.in.43 Ibid.44 socialjustice.nic.in.

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Establishment of Old Age Homes : This Act requires the State Government to

establish and maintain oldage homes at assessable places with at least one in each District, which

shall have minimum of 150 senior citizens, who are indigent. Hence this will provide a support to

senior citizen. But only threat is that it should not be used for corrupt and other purposes.45

Currently, the Centre provides financial assistance to old age homes across the country.46

As of 2005, there were 1,018 Old Age Homes in India. Of the 739 homes for which detailed

information is available, 427 homes are free of cost, 153 old age homes are on a pay and stay basis,

and 146 homes have both free as well as pay and stay facilities. Kerala has 186 old age homes, the

most of any state.47

International Concern

The International Network for the Prevention of Elder Abuse (INPEA, founded in 1997),

a body dedicated to global dissemination of information on the prevention of elder abuse, designated

June 15, 2006, as the first World Elder Abuse Awareness Day. The day, supported by the United

Nations and the World Health Organization, aims to raise awareness about elder abuse and how it

can be prevented. Broadly, INPEA defines elder abuse as “…neglect, violation of human, legal and

medical rights, and deprivation of the elderly”.48

Difference between Sec 125 CrPC and the said Act

There is a considerable difference between the two acts. These differences show the need of

the above stated act and how the stated act tried to give more relief to the parents and senior citizen.

Some of these differences are: Under Sec 125 of CrPC there is no provision for maintenance of

senior citizen who is without child. But under Senior citizen act a childless senior citizen can claim

maintenance. In The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior

Citizen Act) the power is given to the Tribunal to decide the case but in CrPC only the Magistrate

orders the claim for maintenance. CrPC Proceedings are time consuming. But in the other act time

limit of 90 days is stated. Under CrPC advocate can participate in proceedings but participation

of advocate is barred in Senior citizen Act. Also in CrPC there is restrictive definition of parents

45 Shweta Durge, ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 : An Overview’, December 21, 2009, jurisonline.in.

46 www.financialexpress.com.47 www.indiatogether.org.

48 Neeta Lal, ‘India's senior citizens finally get a hearing’, infochangeindia.org.

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while in the other act broad definition is given.49 Under Sec 125 of CrPC a first class magistrate may

order a person to provide a monthly maintenance to his parents limited to Rs 500 whereas under

The Maintenance and Welfare of Parents and Senior Citizens Act, the maximum monthly allowance

is to be specified by state governments, subject to a limit of Rs 10,000.50

Lacunas to be overcome in the Act

Though the acts' genuine concern for the senior citizens and parents cannot be overlooked;

the act has the following demerits also51.

(1) The Tribunal is not manned by a person with a judicial qualification or acumen or experience. It

is not known how they will adjudicate into the matter in accordance with the procedure followed by

a civil court.

(2) Complete exclusion of the professional lawyers from the purview of the Tribunal simply

defies logic and reasoning.

(3) The Act entrusts the entire responsibility of establishing Tribunals, enacting rules etc to the

concerned state.

(4) The presiding officer of the Tribunal has no power of discretion in awarding the maintenance

amount and the power is vested with the state government.

(5) Imposing liability on a person who happens to be a relative of the senior citizen on the ground

that he will inherit the property of the senior citizen is illogical and unreasonable because the senior

citizen may sell his property to any third party before his death and there is no guarantee that the

relative will definitely inherit the property of the senior citizen.52

(6) This act is silent in case of transfer of property to children. There should be some

responsibility on parents not to prepare any will in favour of third party when the children or

relatives are taking care of them.53

49 Shweta Durge, ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 : An Overview’, December 21, 2009, jurisonline.in.

50 ‘Law and Other Things’, A Blog about the Indian Law, the Courts and the Constitution, lawandotherthings.blogspot.com.

51 Rama Lingam, ‘A Unique Act Called 'The Maintenance and Welfare of Parents and Senior Citizens Act, 2007", ezinearticles.com.

52 Ibid.53 Shweta Durge, ‘The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 : An Overview’, December

21, 2009, jurisonline.in.

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(7) The exclusion of the jurisdiction of civil courts is not justified, because Tribunals are not

manned by legally qualified or experienced persons.

(8) It seems that most of the state governments are not serious in implementing the provisions of the

act and only a few states like Andhra Pradesh have so far come forward to notify the act in their

gazette.54

M. R. Madhavan, who works with the PRS Legislative Research at the Centre for Policy

Research focuses on larger policy problems with the Act, while also zeroing in on specific

provisions that arouse his concern.55

According to him, “one is not arguing against the idea of providing a safety net for senior

citizens and parents. The point is that any law that provides for such a net should be implementable.

Other than the various loopholes discussed, the big issue is whether parents would take their children

to the tribunal, given various social pressures. A better approach may be to design a social

security system, including financial products such as pension schemes and reverse mortgages

that enable the elderly to live a dignified life."56

Therefore, in order to implement the act more effectively and render justice speedily, the

central government should come forward to remove the above mentioned drawbacks. Otherwise, the

real purpose of enacting the above act to rescue the senior citizens may not be fulfilled. 57

Conclusion

In spite of all the loopholes and lacunas existing in the Act, the welfare and benefits which

this Act provides to the senior citizens and parents cannot be denied. This act is very important as it

ensures speedy, inexpensive proceedings. This will be a great relief to the parents and senior

citizens. Also the precious time of Hon’ble court can be saved as Tribunals are established. This act

is made applicable to senior citizens who are childless. So a very broad view is adopted in this act.

No hiring of Advocates and hence the cost of proceedings is reduced.

Very quick and fast steps should be taken to make people aware of the stated act and to start

54 Rama Lingam, ‘A Unique Act Called 'The Maintenance and Welfare of Parents and Senior Citizens Act, 2007", ezinearticles.com.

55 ‘Law and Other Things’, A Blog about the Indian Law, the Courts and the Constitution, lawandotherthings.blogspot.com.

56 Ibid.57 Rama Lingam, ‘A Unique Act Called 'The Maintenance and Welfare of Parents and Senior Citizens Act, 2007",

ezinearticles.com.

1

all the proceedings of maintenance in Tribunal. The high Court of Delhi in one case  stated “Though

not directly relevant, the court is mindful that Parliament enacted the Maintenance and Welfare of

Parents and Senior Citizens Act, 2007, with a view to providing for senior citizens, who are

neglected by their children or near relatives; the enactment provides positive rights of claiming

maintenance, (by the senior citizens) from those relatives who are likely to inherit their property…”

By despising all that has preceded us,

We teach others to despise our self !

So as a nation, it is every citizen’s duty to ensure that Senior Citizens live a happy, healthy

and secure life. They took care of us in their youth and helped us grow; so we owe them a better

tomorrow.