INTRODUCTION

Old age is an irreversible biological phenomenon, one that eventually terminates

with the end of the life of a human being. That is more like science but in our daily life,

where attitudes, behavior, values, aesthetics rule there is more than can be defined of an

old age. It is one experience that cannot be had otherwise. When the trails of experience

and wisdom have made a lasting impression on the human himself, one can say he is

never out of it. It is a gift which no one can refuse to take. But the transformations

brought in our society sometimes make us scare of this stage as everyone of us has to

face it one day.

India is growing old! The stark reality of the ageing scenario in India is that there are 77

million older persons in India today, and the number is growing to grow to 177 million in

another 25 years. With life expectancy having increased from 40 years in 1951 to 64

years today, a person today has 20 years more to live than he would have 50 years back.

Old Age has never been a problem for India where a value based, joint family system is

supposed to prevail. Indian culture is automatically respectful and supportive of elders.

With that background, elder abuse has never been considered as a problem in India and

has always been thought of as a western problem. However, the coping capacities of the

younger and older family members are now being challenged and more often than not

there is unwanted behavior by the younger family members, which is experienced as

abnormal by the older family member but cannot however be labeled with this kind of an

ageing scenario, there is pressure on all aspects of care for the older persons – be it

financial, health or shelter. As the twenty first century arrives, the growing security of

older persons in India is very visible. It is hard to believe but old people are among the

poorest in many societies and by far one of the most vulnerable sections of the society.

Researches reveal that the old age has become more of an inevitable threat to an

individual today. One reason for this irony could be, due to governments being prepared

for the world’s rapidly ageing population. Today we see many old aged people being

abandoned, as their children prefer to live separately after marriage or leave their places

to make good of their career. Living on God’s mercy, they either live a downtrodden life

till they die or get brutally murdered while fighting against the odds of life.

In India life expectancy has gone up from 20 years in the beginning of the 20th

century to 62 years today. Better medical care and low fertility have made the elderly the

fastest growing section of society. In France, it took 120 years for the grey population to

double from 7 % to 14 %. But in India, the grey population has doubled in 25 years!

India is still poised to become home to the second largest number of older persons in

the world. Recent statistics related to elderly people in India,(according to census 2001),

showed that as many as 75% of elderly persons were living in rural areas. About 48.2%

of elderly persons were women, out of whom 55% were widows. A total of 73% of

elderly persons were illiterate and dependent on physical labor. One-third was reported to

be living below the poverty line, i.e., 66% of older persons were in a vulnerable situation

without adequate food, clothing, or shelter. About 90% of the elderly were from the

unorganized sector, i.e., they have no regular source of income. Our culture recognizes

the status of the parents as that of God. So it is moral duty or obligation of children to

maintain their parents. Maintenance of Parents is included in section 125 of Criminal

Procedure Code, 1973. Also The Hindu Adoption and Maintenance Act 1956 provide

maintenance to elderly. Under these sections and acts parents can claim maintenance

from their children. But some speedy, inexpensive process is needed and hence The

Maintenance and Welfare of Parents and senior Citizen Act, 2007 was enacted. Need for

the legislation and some important sections are discussed in the article.

Need for the legislation:

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. Our culture considers them as first teachers. The

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

them. It should be the moral duty of children to maintain their parents. Our traditional

values and norms lay stress on showing respect and providing care for the aged. In joint

family system all members are cared by the family itself. But now a day’s the concept of

joint family system is withering away. And because of industrialization, money mind,

increase in market prices children started neglecting their parents. Children have no time

to look after their parents because of their busy schedule. And as a consequence of this

situation the elders get neglected and they are now exposed to emotional neglect and to

lack of physical and financial support. Human beings need some kind of support in this

age. 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. The

population of the older persons in India is continuously increasing. The Registrar General

of India forecasts the share of older persons (age 60 years and above) in the total

population to rise from 6.9% in 2001 to 12.4% in 2026 .  The maintenance of parents was

included in section 125 of CrPC but the procedure is time consuming and expensive. So

there is need of a simple, Inexpensive and speedy procedure to claim maintenance by the

suffering parents. And hence ,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 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.

FIRST STEPS BY GOVERMENT TO IMPROVE THE SITUATION

Recognizing the facts provided above and believing that preventing growth of destitution

in society is one of the major objectives of any social legislation, the law makers created

provision for maintenance of parents and senior citizens as a duty upon their children

under the section 125 of Criminal Procedure Code (CRPC)

MAIN PROVISIONS:

Section 125 -128 of Criminal Procedure Code provide for a speedy, effective and rather

inexpensive remedy against persons who neglect or refuse to maintain their dependant

parents, to ensure that these neglected parents are not left beggared and destituted on the

scrap heap of society and thereby driven to a life of vagrancy, immorality and crime for

their subsistence. It may also be noted that as the exercise of powers to grant maintenance

is of a judicial character, only Judicial Magistrates of First Class have been empowered to

deal with such matters of maintenance.

Main Provisions Regarding Grant of Maintenance:

Section 125(1)(d): If any person having sufficient means neglects or refuses to maintain

his father or mother, unable to maintain himself or herself, a Magistrate of first class may,

upon proof of such neglect or refusal, order such person to make a monthly allowance for

the maintenance of his parents; at such rate in the whole, as such Magistrate thinks fit,

and to pay the same to such person as the Magistrate may from time to time direct.

Section 125(3): If any person so ordered fails without sufficient cause to comply with the

order, any such Magistrate may, for every breach of the order, issue a warrant for levying

the amount due in the manner provided for levying fixes or may punish imprisonment

him for a term which can be extended to one month or until payment is made.

Procedure:

The main procedure to be followed by the Magistrate while conducting proceedings

under section 125 has been prescribed by sub-sections (2) and (3) of section 126 is

provided below:

i) All evidence in such proceeding shall be taken in the presence of the person against

whom an order for payment of maintenance is proposed to be made, or, when his

personal attendance is dispensed with, in the presence of his pleader, and shall be

recorded in the manner prescribed for summon cases:

Provided that if the Magistrate is satisfied that the person against whom an order for

payment of maintenance is proposed to be made is willfully avoiding service, or willfully

neglecting to attend the court, the Magistrate may proceed to hear and determine the case

ex parte and any order so made may be set aside for good cause shown on application

made within three months from the date thereof subject to such terms including terms as

to payment of costs to the opposite party as the Magistrate may think just and proper.

Alteration in Allowance:

On proof of a change in the circumstances of any person, receiving under section 125 a

monthly allowance or ordered under the same section to pay monthly allowance to his

father or mother, the Magistrate may make such alteration in the allowance as he thinks

fit.

But these provisions in the new age proved to be a bit outdated and the whole procedure

was pretty expensive and time consuming. So, the law makers of India introduced the

Maintenance and Welfare of Parents of Senior Citizens Act, 2007 on 29th December,

2007. This act has proven to be a revolution for senior citizens it has barred the

indulgence of advocates in family matters; just file a simple application in the

maintenance tribunal and to get justice and that also within 90 days. It’s so simple the

whole procedure that it avoids chances of any kind of harassment, exploitation or abuse

to the elderly in courts or Government offices.

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

MAIN PROVISIONS

A child, under section 2(a) includes son, daughter, grandson and grand-daughter, but does

not include a minor.

Under section 2(d) a parent means father or mother whether biological, adoptive or

stepfather or step mother, as the case may be whether or not the father or mother is a

senior citizen.

Under section 2(h) senior citizen means any citizen of India who have attained the age of

60 years or more.

Welfare under section 2(k) means provision for food, health care, recreation centre and

other amenities necessary for the senior citizens.

A senior citizen including parent who is unable to maintain himself from his own carning

or out of the property owned by him, shall be entitled to make an application under

section 5 in case of:

i) Parent or grand-parent, against one or more of his children not being a

minor;

ii) A childless senior citizen, against such of his relative referred to in section

2(g)

Any person being a relative of a senior citizen and having sufficient means shall maintain

such senior citizen provided he is in possession of the property of such senior citizen or

he would inherit the property of such senior citizen.

The Act provides for justice in just a time period of 90 days after the filing of application

to the Tribunal, also during the pendency of the proceedings regarding monthly

allowance, under section 5 the Tribunal may order such children or relative to make a

monthly allowance for the interim maintenance of such senior citizen.

Another important provision of the act is mentioned under section 17, which says

‘notwithstanding anything contained in any law, no party to a proceeding before a

Tribunal or Appellate Tribunal shall be represented by a legal practitioner.’ This

provision helps the senior citizens by not forcing them to pay heavy fees of advocates.

In Chapter III section 19 the act lays down rules for the State Government to establish

and maintain a number of oldage homes at accessible places, beginning with at least one

in each district to accommodate in such homes a minimum of one hundred fifty senior

citizens who are indigent.

Another important provision is included in Chapter IV under Section 20 which says that

the State Government shall ensure that-

i) The Government hospitals or hospitals funded fully or partially by the

Government shall provide beds for all senior citizens as far as possible;

ii) Separate queues be arranged for senior citizens;

iii) Facility for treatment of chronic, terminal and degenerative diseases is

expanded for senior citizens;

iv) Research activities for chronic elderly diseases and ageing is expanded;

v) There are earmarked facilities for geriatric patients in every district hospital

duly headed by a medical officer with experience in geriatric care.

Differences Between the Act and Section 125 of CrPC

i) SENIOR CITIZENS INCLUDED: Section 125 of CrPC is silent on

maintenance of senior citizens. It only provides for maintenance of parents-

which means childless elderly people who despite having heirs to their

property cannot seek refuge or remedy in CrPC whereas in Section 4(1) of the

Maintenance and welfare of parents and senior citizens act, 2007 clearly

stipulates that senior citizens can claim maintenance from legal heirs of their

property.

ii) FILING OF APPLICATION/CASE: Only the aggrieved parentcan file case

under section 125 of CrPC whereas section 5(1) of the Act says that the

application for maintenance can be filed by senior citizens or parent or an

organization authorized by him or the Tribunal may also initiate the case on

its own.

iii) MAINTENANCE TRIBUNAL: Only a Magistrate of First Class can give an

order for maintenance under section 125 of CrPC whereas, Section 7 of the

Act stipulates a constitution of a Maintenance Tribunal, headed by a Sub-

Divisional officer to decide the case.

iv) ADVOCATES BARRED: Lawyers/advocates may represent clients under

Section 125 of CrPC whereas Section 17 of Act says that legal practitioners

shall not represent any party to a proceeding in Tribunal or Appellate

Tribunal.

v) TIME BOUND: Proceedings under 125 of CrPC are not time bound whereas

section 5(4) of the Act specifically says that within 90 days from the date of

service of notice of application, the matter has to be disposed of by the

Tribunal.

vi) APPELLATE TRIBUNAL FOR APPEAL: Any appeal against any order

of maintenance under Section-125 of CrPC has to be in accordance with usual

procedure prescribed in the CrPC, 1973. Whereas Section 15 of the Act

provides for a special Tribunal for appeals, headed by an officer not below the

rank of District Magistrate.

vii) ORDER ON APPEAL IS TIME BOUND: Section 16(1) of the Act says

that the Appellate Tribunal shall make all efforts to pronounce its order in

writing within 30 days of receipt of an appeal.

viii) PROVISION FOR CONCILIATION: Section 125 of CrPC is silent on

conciliation but, Section 6(6) of the Act creates an option for the Tribunal,

before hearing an application, to refer the matter to conciliation officer whose

report must be submitted to the Tribunal within 30 days.

ix) COMPREHENSIVE LEGISLATION: Section 125 of CrPC is silent on

welfare measures and is only confined to provision for maintenance of

parents, whereas the Act is a comprehensive and specific law providing for

both maintenance and welfare of parents and senior citizens. It has a broader

scope and goes beyond the realm of parent child relationship. The Act places

responsibility on the state for implementing welfare measures for senior

citizens.

Statement of Objects and Reasons for this Law (SOR)

What is Statement of Objects & Reasons (SOR)?

The SOR generally defines the need, scope, desirability and objectives sought to be

achieved by introducing a particular Law. The statement is usually drafted by the

Legislative Department of Law Ministry before a new law is introduced.

After reading the Statement of Objects given below you one would gain a better

understanding of the perspective and need for a specific law for senior citizens (parents &

elder lies).

STATEMENT OF OBJECTS AND REASONS

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

elderly. However, due to withering of the joint family system, a large number of elderly

are not being looked after by their family. Consequently, many older persons, particularly

widowed women are now forced to spend their twilight years all alone and are exposed to

emotional neglect and to lack of physical and financial support. This clearly reveals that

ageing has become a major social challenge and there is a need to give more attention to

the care and protection for the older persons. Though the parents can claim maintenance

under the Code of Criminal Procedure, 1973, the procedure is both time-consuming as

well as expensive. Hence, there is need to have simple, inexpensive and speedy

provisions to claim maintenance for parents.

2. The Bill proposes to cast an obligation on the persons who inherit the property of their

aged relatives to maintain such aged relatives and also proposes to make provisions for

setting up oldage homes for providing maintenance to the indigent older persons.

The Bill further proposes to provide better medical facilities to the senior citizens and

provisions for protection of their life and property.

3. The Bill, therefore, proposes to provide for:-

    (a) appropriate mechanism to be set up to provide need-based maintenance to the

parents and senior citizens

    (b) providing better medical facilities to senior citizens

    (c) for institutionalization of a suitable mechanism for protection of life and property

of older persons.

    (d) Setting up of oldage homes in every district.

4. The Bill seeks to achieve the above objectives.voice4india.wordpress.com

REAL LIFE CASES

Given below are some real life cases of Elder Abuse in India. These cases though are

only a tip of the iceberg!

Each case is a story of abandonment, harassment and torture. Each case reveals glaring

violations of HUMAN RIGHTS of the old and the infirm. Each case shows how one’s

own children can commit such INHUMAN Acts.

Though Elder Abuse can have perpetrators outside one’s own family too… but then the

majority of cases happen when the elderly people’s own family is not treating them well.

(A) Old Mothers are abandoned

Widowed elderly women who are dependent on their children are badly treated by them.

In majority of cases the perpetrators think that by abandoning them on streets they would

be able to rid themselves of their responsibility

Ram pyari: A 75-year-old woman was found abandoned near a bus stand in Patparganj

area in East Delhi on Sunday morning. The woman, suffering from breathing problems

and a fractured arm, lay writhing in pain on the roadside till passersby called the police.

Ram Pyaari, the victim, said that she was often beaten up and denied food by the elder of

her two sons, Govind and his wife Sonia. They are living in Trilokpuri.

Her younger son Sonu, who is unemployed, brought the elderly woman to the Patparganj

bus stand and left her there.

“Sonu told me that he is going to fetch money from Uttam Nagar. With that money he

would send me to Rajasthan where my daughter lives. I have been lying here since

morning as he has not returned,” said Ram Pyaari, crying hysterically.

After she was found lying on a roadside, Hindustan Times contacted Deputy

Commissioner of Police (East) Ajay Chaudhry whose team came to the rescue of the

woman.

Ram Pyaari said that she was being harassed continuously by her elder son, and that he

often kept denied her food and water for days.

“A few days ago Govind beat me up. He broke my right hand, I am unable to move it

now. His wife tells me that I am a burden for them since I am not earning. My health

does not allow me to work, I want to die instead of living such a humiliating life,” said

Ram Pyaari.

The elderly woman was not even able to give her address but she knew directions to her

son’s home. When a police team reached Govind’s house, here is what he had to say,

“We refuse to take care of her. When she sold the house, she did not give us any money.

She is ill and defecates in the house, I am not going to clean the mess. I have four

children. Who will take responsibility if they catch any disease from her?”

The daughter-in-law said that Ram Pyaari’s younger son Sonu should take care of her as

she had given him the money after selling the house.

“Sonu does not want to take responsibility of his mother, all this when she gave him the

money after selling the house. How can we take care of her? I only ask her to stay clean. I

have too much work and can't cook for her,” said Sonia, the daughter-in-law.

Govind agreed to keep the elderly woman in the house only after the police threatened to

slap a criminal case against him.

“We will keep an eye on Govind. If he misbehaves again, we will approach the protection

officer who takes down complaints on domestic violence. We will then take action

against him,” said DCP Ajay Chaudhry.

Chinnammal Palaniappan, who is thought to be 75, told locals who found her she was

driven miles from home in a cattle feed cart and dumped by family members.

She is in the care of local officials while they try to trace her relatives.

Tamil Nadu state Social Welfare Minister Dr Poongothai told the BBC she was

"horrified" at the news.

"Once we know who the family members are we are going to take legal action against

them," Dr Poongothai told the BBC Tamil service.

She said she believed the woman was partially deaf and had not been fed properly for

three days. "She is under the custody of the state at the moment, and she is being looked

after. The police are trying to talk to her."

'Moaning'

Locals in Erode district of the state told the AFP news agency of their horror at finding

the ill woman lying amidst rotting garbage.

"We heard some moaning from the dump yard and when we went over we were shocked

to find an old shrivelled woman lying in filth," housewife P Mohanasundari said.

She and her husband took the woman home and fed her before alerting charity workers.

"Chinnammal broke down recalling how her grandsons put her in their motorcart, which

they used for transporting cattle feed, and drove a long distance before dumping her in

garbage," Mohanasundari told AFP.

She said the grandmother had recalled how her daughter told her grandsons to leave her

far away, so she would not be able to find her way home.

"There was no anger in her, only a flood of sorrow as she begged us to take her back to

her daughter," Mohanasundari said.

'Vulnerable'

Elderly people have traditionally been looked after by their families in India, although

this is starting to change with the pressures of modern life.

Dr Poongothai conceded that social change was making old people more vulnerable.

But she said the law was clear and if children did not take responsibility for looking after

their old parents they could be in breach of the domestic violence act and prosecuted.

False criminal charges are filed to torture the Old

This is another way of harassing the elderlies in India. An abuser of law would find it

pretty easy to crucify old people at home by taking undue refuge in law in the guise of

’seeking protection’.

False ‘Dowry harassment’ charges to torture in-laws: This seems to be the easiest way to

harass old people in India (despite what Amnesty International prefers to believe).

False bogus dowry harassment charges are filed by miscreants without any fear

whatsoever.

And why no fear?

Because there are absolutely no penalties for filing false dowry harassment charges in

India!  And also because a mere complaint is enough to arrest without investigation (the

offence is cognizable) and what when the fabricators of ‘false dowry harassment charges’

themselves are perpetrators of Elder Abuse in family ?

Or do the government or women NGOs prefer to believe that even in genuine cases

of dowry harassment it is OK if Elder Abuse is committed in one’s defense ???

Infact both Judiciary and Police are aware of such malpractices. Even the legislators are

aware of rampant misuse of anti-Dowry Laws but they fear speaking openly about them.

(B) Old Fathers are abandoned

Paritosh Chowdhury, 69, a resident of AJC Bose Road in the Thakurpukur police

station area, was being harassed by his younger son since 2002. Shankar had been

demanding his rights over the first floor. When Chowdhury refused, he along with his

wife Nihar Kana and other family members were assaulted and forced to leave the house.

Chowdhury’s wife is a cancer patient.

In his petition, made through advocate Sonali Dey, Chowdhury alleged that Shankar had

sought the help of local miscreants to get the family evicted from the house. Shankar is a

member of a political party.

Shankar had the backing of his wife Ujjala and his father-in-law who is a state police

officer. Ujjala had even filed a complaint under Section 498 of the IPC alleging

harassment.

Whenever the senior Chowdhury’s complained to the local police station, their

grievances fell on deaf ears. The police would threaten to book the Chowdhurys for

harassing their daughter-in-law.

According to the petitioner, the physical attacks began in 2003. Chowdhury was beaten

up last May and had to be treated at the Vidyasagar Hospital in Behala.

In June, Shankar cut off water supply to the portion of the house occupied by his

parents and elder brother Shibu. While other family members shifted to a rented house,

Chowdhury stayed on, but continued to bear the brunt of the torture.

Shibu, a lower-division clerk at the police hospital, finally wrote to the commissioner of

police, seeking redressal.

The CP forwarded the letter to the superintendent of police, South 24-Parganas. In spite

of this, the police did not take any action against Shankar. Advocates Abhra Mukherjee

and Abha Roy appeared on behalf of the state government.

DELOPMENTS MADE BY GOVERNMENT TO IMPROVE THE

SITUATION OF SENIOR CITIZENS

HEALTH CARE:

i) There are provisions for senior citizens at hospitals and when they visit for

any health related concerns or clinical examination. In Central Government

Hospitals in all big cities, separate registration counters/windows/rows are

provided for senior citizens in O.P.D.’s to avoid them to stand in long queues.

ii) Delhi Government is running special clinics for senior citizens in most of its

hospitals of Delhi

iii) At All India Institute of Medical Sciences(AIIMS) preference is given to

senior citizens with regard to O.P.D. consultation, emergency management as

well as hospitalization.

BANKING:

i) Government gives a higher rate of interest to senior citizens on certain saving

schemes, running through its large network of Post Offices and Public sector

banks.

ii) Some national banks like the State Bank of India charge only 50% of the

applicable prescribed charges in respect to following services: a) Issue of

duplicate pass book; b) Issue of cheque book; c) Charges of non maintenance

of minimum balance; d) Issue of balance certificate; e) signature verification;

f) Ledger folio charges; g) Minimum balance required is also 50% for these

class of customers.

TELECOMMUNICATIONS:

i) Special provisions for senior citizens applying for a new connection-

earmarked separate priority category for registration.

ii) In case of any complaint of fault with the telephone a senior citizen’s

complaint is redressed on a priority basis.

iii) M.T.N.L.(Delhi) gives 25% discounts in rentals and installations to senior

citizens

iv) M.T.N.L.(Mumbai) has a non O.Y.T. special category for senior citizens.

TRAVEL BY INDIAN RAILWAYS

i) Travel by Indian Railways is 30% cheaper for all Senior Citizens who are 60

years in age or above, while women aged 60 years or above are entitled to 50%

concession in fare. Indian Railways provides this fare concession to elderly

In all its trains including Shatabdi, Rajdhani and Jan Shatabdi trains. Kindly

Note that while traveling all Senior Citizens need to carry proof of their Date

of Birth / Age with a Photo ID Card.

ii) There are separate Counters / Queues for Senior Citizens at all Railway

Stations for purchase, booking or cancellation of tickets.

iii) Lower Berths: In trains having reserved accommodation, a combined quota of

two lower berths per coach has been earmarked in Sleeper, AC 3 tier and AC 2

tier classes for Senior Citizens, Female passenger who is 45 years of age and

above and Pregnant women.

iv) In the Computerized Passenger Reservation System (PRS), there is a provision

to allot lower berths automatically to male passengers of 60 years and above and

female passengers of 45 years and above subject to the availability of lower

berths at the time of booking of tickets.

v) After departure of the train, if there are vacant lower berths available in

the train, and if any senior citizen who has been allotted upper/middle berth,

approaches for allotment of vacant lower berths, the Conductor/Train Ticket

Examiner (TTE) has been authorized to allot the vacant lower berth to them after

making necessary entries in the chart.

vi) Special arrangements are available for those who find it difficult to walk

or move on their own. Wheel Chairs are available at all major junctions,

District Headquarters and other important Railway stations for the convenience

of Senior citizens and also for those who are in need.

vii) Indian Railways have recently introduced specially designed coaches which

have provisions for hand rails and specially designed toilets for handicapped

people. These coaches also have space for wheel chairs.

TRAVEL BY AIRLINES

i) Senior Citizens are entitled to 50% discount on Economy Class fares on all

flights of Indian Airlines subject to certain conditions.

ii) Air India gives 45% discount in economy class on domestic sectors to senior

citizens (women aged 63+ and men aged 65+).

iii) Other Airlines operating in India also offer discounts to senior citizens.

OLD AGE HOMES

On February 07, 2008 The government initiated the setting up of 603 old age homes for

such people - one in each district of the country as according to the rules provided in the

Section 19 of the Maintenance and Welfare of Parents and Senior Citizens Act,2007. The

Ministry of Social Justice and Empowerment decided to provide a grant of Rs.20 million

to state governments for constructing each home that would accommodate not less than

150 destitute senior citizens.

There are around 70 million people who have crossed 60 in India, of whom an estimated

30 percent are destitute. While the figure works out to 21 million, the new old age homes

would accommodate only 90,450 destitutes.

'It is just a great beginning. If needed, we will certainly double the number. A lot depends

on the response of the state governments as well. If more such homes are needed, we will

make funds available for them,' a senior ministry official, requesting anonymity, told

IANS.

As per existing norms, the state governments would bear the maintenance cost for these

homes. The construction process would start during the coming fiscal.

The government shall provide food, clothes and other facilities free to the inmates of

these homes. 'Everything would be free of cost for them,' the official said.

At present, the ministry grants aid to as many as 450 old age homes and an equal number

of day care centers countrywide. These homes are run by NGOs.

For the first time, the government has chipped in to construct so many old age homes for

destitutes under a centrally sponsored programme.

'The ministry is in the process of making available extra funds to the state governments to

ensure the effective maintenance of these homes,' the official said.

Each home would be equipped with facilities so that senior citizens can take care of their

health. For entertainment too, they will get television sets so they not only feel at home

but also do not suffer from any kind of boredom.

If any of them can do some lucrative jobs like making candles and other such stuff, both

edible and non-edible, the management of the home will do the needful.

'Instead of whiling away their time, they will be encouraged to keep themselves engaged

in economic activities and the proceeds will be spent on their welfare,' the official said.

Role of World Health Organization(W.H.O.)

The WHO has been constantly doing acts to prevent elder abuse in various parts of the

world, they have been constantly performing surveys to study the situation of senior

citizens in the world, it has shown its concern towards the neglect of the older people by

the new age society.The WHO-CIG adopted the definition developed by Action on Elder

Abuse (UK)6 in 1995:

“Elder abuse is a single or repeated act or lack of appropriate action, occurring within any

relationship where there is an expectation of trust which causes harm or distress to an

older person.”

In India WHO conducted a survey with the help of Shubha Soneja a member of Help Age

India, the survey was mainly dedicated to the abused elderly; The aim of the study was

to (1) define and identify the symptoms of elder abuse, (2) create awareness about its

existence to the primary health care workers and (3) develop a strategy for its prevention.

Study was classified into different groups, each group had its own problems and

complications, the main findings were:

MALES

Discussions with male groups indicated that the middle income group listed “economic”

problems on priority. The second male group from the upper middle class prioritized

“mental health problems” focusing more on lack of work, lack of facilities for utilization

of leisure time and a general feeling of loneliness “talking to walls”. The problem here

did not seem to be lack of money but lack of time by the “others” for the older persons

Second to economic problem came”lack of emotional support” from family members and

both the groups felt that they felt a need to talk to their family who did not seem to have

time for them The Words were many – ranging from “neglect” from family, “experience

of loneliness in everything”, “a sense of insecurity” and feeling of “burden”, and “Old

Age itself was a disease”

A glaring problem faced by the males group was older couple being asked to live

separately when they had more than one child i.e. the older woman to stay with one child

and the man to stay with another – according to the convenience of their support in

whatever housework /outside work they could contribute to health problems however

took a back seat coming in at the third position and linked with lack of mobility and

economic problems.

Lack of accommodation was also a “problem” identified by the older persons who had

houses of their own and were not staying in apartments, where there

is only a specified area.

CASE STUDY 1

Dr. Singh, 70, is a qualified medico trained in Homeopathic medicine. He superannuated

from Government service about 10 years back. He has been living in this apartment,

owned by him with his only son, daughter – in – law and two grandchildren for many

years now. His wife died two years back.

He waits endlessly for the meals to be served. He is an early riser and goes to bed early.

At times, he has to eat whatever is available. The timing of the meals and the items

prepared do not suit his age and taste. If at all he complains, it creates an unpleasant

situation in the house and nothing improves.

If he offers any suggestions about the ways of keeping the house(which is his own), or

for that matter looking after the needs of the grandchildren, he is told in no uncertain

terms to mind his own business.

He has asked his son and his family to leave as he is the owner and he can no longer live

with them. He has even suggested that would like to remarry for the sake of a companion

and so they must be leaving the apartment. They do not go anywhere, and continue to

neglect him.

FEMALE

In the lower group, the problem of women surfaced as the next major issue wherein there

was a general consensus was women were the worst sufferers with no income of their

own and dependent on spouses for everything. They also tended to underplay their health

problems for the sole reason of causing inconvenience to the other family members by

way of escorting them to the doctor and/or spending money by way of consultation fee

and medicines.

They further voiced that if the women were widows, the situation was even worse

because the finances then came from children for their welfare and it was the sole

discretion of children to “decide whether she needed medical assistance or not” even if

she said she did. This problem however did not get priority in the upper middle level

group.

Economic Hardships became very prominent in the women of the lower socio-economic

group while the higher socio economic category put loneliness as the primary problem

affecting the older persons today. The lower socio-economic group felt that if the woman

has money, she had power or else she had to be dependent on children for financial

support and also ”ill-treatment”, humiliation and complete neglect from family members.

This mental agony also led to various mental health problems some of which could not

even be described.

CASE STUDY 2

Mrs. SHANTI, 75, widowed for 50 years (at least), mother of two sons. The younger of

the two sons was 3 months old when the husband died, with no finances or pension to fall

back upon. The lady survived by sitting outside a temple and serving water to the

devotees and earned Rs.35/- per month (less than 1 US$) and some other income

generation activities to make both ends meet. Her sons grew up, got married, and

generally did well in life. One of them did better than the other and moved away from the

mother and brother’s family and stopped all contact with them. She stays with the second

son and his family, who continue to “support” her.

Her first son (staying separately) decided to open a community water cooler in his

locality, in the memory of his father. On the pursuance of his friends and other members

of the community, he invited his mother to inaugurate it. After the inauguration, when

refreshments were being served, the mother was totally ignored to the extent that the two

guests on her either side were served while she just looked!

Some in the group also felt that there was economic exploitation by the hands of the

children who wanted their share in the property before the older parents’ death and

expressed concern because they felt that parents gave in to such demands as they did not

want conflict.

WHY PEOPLE DO NOT APPROACH FOR HELP?

Most people in the group felt ashamed of the fact that they are being ill treated by family

members. They were also afraid of retaliation by the family members if the agencies

come to help. A large majority also felt that the social agencies could hardly do anything

help them and the major fact was that it was emotionally satisfying to at least be able to

“see” their children.

The six focus groups selected varied from lower to higher strata of society and largely

service sector people who had superannuated at the age of 58 or 60 years. The

participants of all the focus groups initially talked about “emotional and financial

problems”, “lack of emotional support”, “neglect by the family members”, “feeling of

insecurity”, “loss of dignity”, “maltreatment”, disrespect” by the family. However, not a

single person was willing to label it as “abuse”. They linked abuse to very severe acts of

violence, which they all seemed to agree was abnormal and “did not happen in our

societies”. Defining abuse was a problem.

Through this survey it was eventually found older people perceived abuse under three

broad areas:

● Neglect — isolation, abandonment and social exclusion

● Violation — of human, legal and medical rights

● Deprivation — of choices, decisions, status, finances and respect

CONCLUSION

Yes, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has proved

to be a great help for the senior citizens, it guarantees financial support for the neglected

parents and senior citizens, obviously becoming financially supported means solution to

many problems which old people face in their daily routine, but does it actually has such

an effect, is becoming financially secure fulfils one’s emotional and respect related

problems or does it prevents isolation and abandonment by their children, do they get

back the respect lost in the society by fling an application in a Tribunal, no they wouldn’t.

Being a law student this should not be my approach towards legal matters, but is

abandonment of parents or grand-parents actually a legal matter? I am confused, should

such soft and complicated family problems be totally seen through the view point of a

legislative act. As it is famously said about the senior citizens “ Let’s add live to their

years.” This should be the main principle of the government while acting for the welfare

of the senior citizens. They need love, they need support, they need help, they need a

respectful status which only a child can provide, in their second child age they need

everything that they provided to their children during their childhood. This cannot be

made available by the force of any legislation or any act until one’s inner soul makes one

feel like doing that to his parents.I would suggest that to protect families to break into

pieces or get covered by a blanket of legal actions, the government should provide for

professional councilors who should be capable in realizing a son his duty towards his old

parents, to give rebirth to that love and affection which normally prevails in a parent

child-relationship. To improve the devastated emotional position of an abandoned parent.

The main aim is to bring back that cheer of childhood in an old and neglected parent in

the last stage of his life.There are many benefits of having a grandparent in a family he is

the one who bounds the complete family together by his old and rich knowledge, which

he provides to his children when they are needy, old people are like an old treasure kept,

they are full of experience which one would need in solving daily life problems, their

knowledge is as valuable as gold. But still they are neglected by this young generation of

the so-called 21st century who has its own principles to lead life and a no care attitude. It

is a big mistake and soon they have to realize it, if the people of India want to conserve

their rich culture and heritage, they will have to give due respect to the elderlies because

they are the carriers of this culture of Eastern Civilization, destroying them would mean

destroying our own culture, our own civilization and let the other life styles like that of

the west create an impact in our society which would then never be erased. So, to protect

our society, our culture, our heritage we need to protect the rights of the senior citizens of

our country.

I would like to this by a wise saying of Sir James Sterling Ross:” You do not heal old

age. You protect it; promote it; you extend it”.