Law of the Land for Seniors

INDIA’S LEGAL FRAMEWORK FOR ELDERLY CITIZENS

2.1 Constitutional Regimes:

The Indian Constitution takes care of its senior citizens. There are law of the land for seniors and policies which address problems related to housing, taxes, healthcare facilities, and psychological needs. A few of the provisions in the Constitution are:

Article 21: This article guarantees the right to life and personal liberty, which has been interpreted by the Indian judiciary to include the right to live with dignity.
Article 41: This article is part of the Directive Principles of State Policy and directs the state to make effective provisions for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement, and in other cases of undeserved want.
Entry No. 24 of the Concurrent List of Seventh Schedule is also directly related to welfare of elderly persons. This provision empowers both the Central and State governments to enact laws and policies for the welfare of the elderly.

2.2 Criminal Justice System

The Sections 125-128 of Criminal Procedure Code, 1973 and Sections 144 to 128 of BNSS are enacted to provide maintenance against those persons who neglect or refuse to maintain their dependent wives, children and parents who are unable to maintain themselves.

2.3 The Hindu Adoption and Maintenance Act, 1955

Under section 20 (3) of the Hindu Adoption and Maintenance Act, 1955, provision is made for elderly parents who are ill. Children of both sexes are legally required to care for their elderly and disabled parents. Additionally, the duty is personal and unrelated to property ownership. In accordance with the Act’s Section 3(b), maintenance always includes funding for housing, food, clothes, and medical care.

The section’s phrasing makes it clear that females have an equal responsibility to their parents and that sons are not the only ones who have this duty. Only sons had the responsibility to support their parents under the previous legislation. The explanations were clear. Only the sons received inheritances. The girls did not inherit anything or have any other sources of personal income. With the changing times, the law has recognized that daughters also should have a duty to maintain parents.

2.4 National Policy for Older Persons, 1999

The Ministry of Social Justice and Empowerment created a National Policy for Older Persons in 1999 to address the issues facing the elderly. Assuring older people that their issues are national in nature and that they won’t be left unprotected, disregarded, or marginalized is the goal of the 1999 National Policy for Older Persons. It seeks to support their rightful position in society and assist senior citizens in living their final years with dignity, purpose, and tranquilly. Its main features are as follows:

Old age Pension Scheme

Tax Exemption for Senior Citizens v Subsidy in healthcare, mental health services, counseling facilities
Grants, land grant at concessional rates and private hospitals to provide economical and specialized care for the older person.
Earmarking 10% of the houses in housing schemes and easy access to loans.
Layout of housing colonies to be sensitive to the needs of the older persons.
Quick disposal of cases of property-transfer, property tax, etc.,
Assistance for construction/maintenance of old age home, Daycare centers, multi-service citizens center, outreach services, supply of disability related aids and appliances etc.,
Setting up a welfare fund for older persons.

The Policy also acknowledges the contribution of the non-governmental sector in offering easily navigable and reasonably priced services to support the State’s efforts in this area. A review group headed by Dr. V. Mohini Giri was established by the Ministry in 2010 to evaluate the current state of several issues pertaining to senior persons and to create a new National Policy for Older Persons. The Committee submitted the draft National Policy for Senior Citizens, 2011 on March 30, 2011, following many stakeholder consultations and regional subcommittee meetings.

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

With the goal of establishing more efficient measures for the support and welfare of parents and senior people, the Central Government established the Support and Welfare of Parents and Senior People Act, 2007. Unlike the Act of 1955, it is a Secular Act. According to this, a senior citizen is defined as “any Indian citizen who has reached the age of sixty or older, including parents, whether or not they are senior citizens.”,” it means that the children are responsible to maintain their parent even they have not completed the age of sixty.”

Right to Maintenance: This Act seeks to make it a legal obligation for children (including grandchildren) and heirs to provide maintenance to senior citizens. It includes in its purview all Indian citizens, including those living abroad.
Maintenance Tribunal: In order to decide maintenance claims, the Act calls for the creation of sub-divisional Maintenance Tribunals. The Tribunal can issue a court order requiring older persons to receive monthly allowances.
Obligations of Children and Relatives: The Act imposes a legal obligation on children and relatives to maintain their elderly parents or senior citizens. Failure to do so can result in penalties, including imprisonment for up to three months or a fine.
Protection of Life and Property: The Act further ensures that older folks’ property and lives are protected. A guardian may be appointed by the Tribunal to handle the affairs of elderly individuals who are incapable of managing their property.

OTHER GOVERNMENT POLICIES AND SCHEMES

3.1 The National Policy on Older Persons

The Government of India, Ministry of Social Justice & Empowerment is the nodal Ministry responsible for welfare of the Senior Citizens. It has announced the National Policy on Older Persons covering all concerns pertaining to the welfare of older persons. The National Policy on Older Persons recognizes a person aged 60 years and above as a senior citizen. The Ministry is also implementing following schemes for the benefit of Senior Citizens:

This Policy included the following major steps:

Setting up of a pension fund for ensuring security for those persons who have been serving in the unorganized sector,
Construction of old age homes and day care centers for every 3-4 districts,
Establishment of resource centers and reemployment bureaus for people above 60 years,
Concessional rail/air fares for travel within and between cities, i.e., 30% discount in train and 50% in Indian Airlines.
Enacting legislation for ensuring compulsory geriatric care in all the public hospitals.

The similar scheme, called the National Policy for Senior Citizens (NPSC), 2011 aims to address issues concerning senior citizen, laying special focus on the needs of the ‘oldest of the old’ and older women in particular.

3.2 Atal Pension Yojana (APY)

The APY is focused on all citizens in the unorganized sector, who joined the National Pension Scheme administered by the Pension Fund Regulatory and Development Authority. The Atal Pension Yojana (APY) provides elderly individuals with a guaranteed minimum monthly pension (e.g., Rs. 1,000 to Rs. 5,000) starting at age 60, ensuring spouse’s pension in case of the subscriber’s death, and providing the remaining pension wealth to the nominee, offering financial security in old age.

3.3 Rastriya Vayoshri Yojana (RVY)

Rastriya Vayoshri Yojana was announced by Hon’ble Finance Minister in the Budget with aim and aid living devices. The beneficiaries of the Scheme shall include Senior Citizens of BPL Category suffering from any of the age-related infirmities as indicated in Para 4 of the Scheme. For loss of vision, hearing impairment, loss of teeth and for loco-motor disability requiring wheelchair, a certificate from any Government Medical Officer shall suffice. For other simple devices stated in para 5 (items 1 to 4), the implementing agencies shall satisfy themselves as to the eligibility of the Senior Citizen to receive the device. The Scheme aims to address following types of disability/infirmity:

Low Vision;
Hearing impairment;
Loss of teeth; and
Locomotor disability.

Types of Physical Aids and Assisted-Living Devices to be provided under the Scheme

Walking sticks
Elbow crutches
Walkers / Crutches
Tripods / Quadpods
Hearing Aids
Wheelchair
Artificial Dentures
Spectacles

3.4 Integrated Programme for Senior Citizens (IPSRC)

A Central Sector Scheme to improve the quality of life of the Senior Citizens provides up to 100% of the project cost for the running and maintenance of the following projects:

Senior Citizens’ Homes/ Senior Citizens’ Homes for 50 Elderly Women.
Continuous care Homes and Homes for senior citizens affected by Alzheimer disease.
Mobile Medicare Units.
Physiotherapy Clinics
Regional Resources and Training Centers

3.5 Vayoshreshtha Samman

The Ministry of Social Justice and Empowerment has launched a Scheme (2013) of National Awards for the senior citizens called ‘Vayoshreshtha Samman’ which is confirmed every year on the occasion of International Day of Older Persons (IDOP).

3.6 National Council of Senior Citizens (NCSRC)

National Council for Older Persons (NCOP), now known as National Council of Seniors Citizens (NCSRC). The NCSRC advises the central Government and State Governments on the issues related to the welfare of senior citizens and enactment of their quality of life.

3.7 Senior Citizens Welfare Funds

The Senior Citizens Welfare Funds was established in the year of 2016. The fund is administered by an Intra- Ministerial Committee, with the Ministry of Social Justice and Empowerment acting as the nodal Ministry. The 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, welfare of elderly widows, scheme relating to old age homes, day care center etc.

CONCLUSION

The Maintenance and Welfare of Parents and Elderly Persons Act, 2007 is the key piece of law that protects the rights and maintenance of elderly persons. The Act outlines simple, hassle-free procedures for senior citizens to pursue justice. In addition to not having to pay court costs, they are entitled to priority hearings and a certain amount of time for their cases, as well as interim maintenance while the matter is resolved. Additionally, it lays forth penalties for kids who desert their parents.

Anuradha Bhattacharjee