This article is written by Anjali Singh of 7th Semester of UPES, Dehradun
ABSTRACT
The most vulnerable stage of the human life cycle is old age. The elderly stocks receive the best attention and protection at this stage. Before 2007, there was no explicit law in India guaranteeing the rights of senior folks. Under the protection of numerous general laws, including personal laws, the Code of Civil Procedure 1908, the Indian Penal Code 1860, the Protection of Women from Domestic Violence Act 2005, and the Fundamental Rights mentioned under Part III of our Indian Constitution, they were able to assert maintenance and protection against physical torture and mental abuse. But now that the Maintenance and Welfare of Parents and Senior Citizens Act 2007 has been passed, elderly people can rely on this one piece of legislation to secure their protection and maintenance. The large gap that is established between the Act and its actual execution is where the gaping hole is. It has been concluded that the rights of senior citizens are not treated seriously by critically analyzing the contents of the current legislation and basing this conclusion on empirical evidence gathered from the Tribunal formed under the aforementioned Act. Thus, a set of suggestions that could result in the successful application of laws to safeguard senior citizens’ fundamental human rights is put out.
Keywords: Elderly, Rights, Tribunal, Protection Acts.
INTRODUCTION
Old age for any parent is an impregnable phase of their natural life cycle which every human being has to pass through. It brings on numerous challenges and different thinking processes and living patterns as they come into conflict with the youngish generations. This generation gap raises the possibility of being manhandled and neglected. They’re denied proper food and drug by the members of their own family. occasionally they’re forced to subscribe to the property papers, thrown out of their own houses, and indeed disowned by their children. This gives rise to physical, verbal, fiscal, and cerebral abuse, which leaves them in a veritably helpless situation. Such a situation can also be stylishly viewed through the lens of the Routine. exertion proposition of victimization, according to which the weak circumstances of the victim make them vulnerable to abuse. numerous transnational agreements and the public laws of some foreign nations employ a variety of terms to relate to elderly individualities, including” aged persons,” third age,” aged persons,” senior,” the aged,” and” seniors.” In India, the term” Senior Citizen” is used to relate to” Any person being who’s an Indian citizen, must have attained the age of 60 times or over,” which is defined under the section 2( h) of the conservation and Welfare for the Parents and elderly Citizens Act of 2007.
In its most recent ruling from August 2018, the Delhi High Court ruled in one of its instances that the daughter-in-law cannot reside at the in-laws’ home if she mistreats them. The Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules 2016 only reference the eviction of a son, daughter, or legal heir in cases of abuse; they make no mention of the eviction of a daughter-in-law. This makes the ruling in this case unusual. This is the reason it’s important to identify any gaps in the law so that they can be quickly filled. The 2007 Act has been proposed to be amended by the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2018. Even if the bill attempts to fill in the gaps and widen the act’s objectives, the problem still exists. Therefore, it is important to evaluate and research the law’s implementation and efficacy.
LAWS FOR SENIOR CITIZENS IN INDIA
We are accountable to our older citizens. A natural justice principle is intergenerational equity. A generation commits a crime when it neglects its elders and the elderly, and they will suffer the same fate when they age. Aging is a normal process that happens throughout the course of a person’s life. Elderly people face a variety of difficulties as they age, most of which are brought on by changes to their bodies, minds, and thought patterns.
The term “aging” refers to a loss in the ability of the body’s organs to function, which mostly results from physiological change. Senior adults make up a priceless resource pool of people who are endowed with a variety of types of knowledge, experiences, and profound insights. Even though they may have officially retired, the vast majority of them are still physically and psychologically able to contribute to society. As a result, they are in a position to significantly contribute to the socioeconomic development of their country if given the right opportunity.
- Growing Population-
By 2025, the world’s population will be more elderly than young, and by 2050, it will have surpassed two billion people. The number of elderly people has increased in India as well, from little under 2 crores in 1951 to 7.2 crores in 2001. In other words, 8% or so of the population is above the age of 60. By 2025, the figure will surpass 18%.
PROBLEMS OF THE AGED ARE AS FOLLOWS-
- Employment loss, inadequate income, and financial instability are examples of economic issues.
- Health and medical issues, nutritional deficiencies, the need for sufficient shelter, and other physical and physiological issues.
- difficulties with their psychological and social maladjustment, as well as the issue of elder abuse, are all covered by psychosocial difficulties.
CONSTITUTIONAL PROTECTION
The State shall, within the limits of economic capacity and development, make effective provisions for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disability, as well as other cases of unjustified want.
The State shall promote with special care the educational and economic interests of the weaker parts of the people and shall safeguard them from social injustice and all types of exploitation, according to Art. 46 of the Constitution.
However, Chapter IV of the Indian Constitution, or the Directive Principles, includes these providers. By Article 37, no court has the authority to enforce the Directive Principles. However, Directive Principles place affirmative obligations, or what the state should do, on it. The Directive Principles have been deemed essential to the nation’s government, and the state is required to use them while enacting legislation. A Directive Principle, however, cannot be enforced by the courts because it does not grant any individuals any justifiable rights. Regrettably, the state has not passed a single law that specifically addresses the needs of senior citizens.
LEGAL PROTECTION
UNDER PERSONAL LAW
Everyone agrees that maintaining parents is a moral obligation. The position and scope of such liability, however, differ from community to community in terms of the law.
HINDU LAW
Even in the earliest writings, sons of Hindus were expected to support their elderly parents who were unable to support themselves out of their work and property. And a mention of having access to family property had no bearing on this responsibility or otherwise qualified it. It was a contract that the state or the sovereign might enforce against an individual. Sec. 20 of the Hindu Adoption and Maintenance Act, 1956, contains the legal provision for parents’ maintenance in Hindu personal law.
This Act is the first personal law statute in India to require children to support their parents financially. As is clear from the section’s phrasing, females also have an equal responsibility to their parents. Sons are not the only ones who have this duty. It’s vital to remember that only parents who are unable to support themselves financially on their own may request maintenance under this Act.
MUSLIM LAW
Even under Muslim law, children are required to care for their elderly parents. Mulla claims that even if their parents may be able to make a living for themselves, children from privileged backgrounds are nonetheless obligated to support their less fortunate parents.
- If a mother is poor, even in difficult circumstances, even if she is not ill, the son must provide for her.
- A son who, while in poverty, makes some money must help support his non-working father.
According to Tyabji, all parents and grandparents must be needed to be entitled to the maintenance of their wealthy offspring and grandchildren, even if they can support themselves and even the Muslim law mandates for both sons and daughters to support their parents. However, they are only required to do so if they have the means to do so.
CHRISTIAN AND PARSI LAW
The parents’ support is not covered by any personal legislation among Christians or Parsis. A maintenance request must be made by the Criminal Procedure Code’s rules.
UNDER THE CODE OF CRIMINAL PROCEDURE
Before 1973, the code did not include a mechanism for parent maintenance. However, the Law Commission opposed enacting such a clause.
- 0According to its report-
Such a clause is not appropriate in the Cr. P.C. In a summary action of this nature, it will be very difficult to divide the amount of maintenance awarded to parents among the children. It would be best to let civil courts handle the resolution of this issue. However, the clause was included in Section 125 of the Code of Criminal Procedure in 1973. Additionally, the parent must prove that the other party has the resources to support them while neglecting or refusing to support the parent, who is incapable of supporting himself. It is crucial to remember that the Cr. P.C. 1973 is a secular law that applies to people of all faiths and cultures. Daughters must also support their parents, even married daughters.
GOVERNMENTAL PROTECTION
- To expedite welfare measures and provide the elderly more control over their lives in ways that would be advantageous to them, the Indian government enacted the National Policy for Older Persons on January 13, 1999. The following key actions were listed in this policy:
- Establishing a pension fund to provide security for those who have worked in the unorganized sector;
- Building old age homes and daycare facilities in each of the 34 districts;
- Concessional rail/airfares for travel within and between cities, with a 30% discount on trains and a 50% discount on Indian Airlines.
- The establishment of resource centers and reemployment bureaus for those over 60.
- Passing legislation to make geriatric care required in all public hospitals.
- The establishment of the Age We ll Foundation, a National Council for Older Persons, has been announced by the Ministry of Justice and Empowerment. To make their lives easier, they will consult the elderly.
- Efforts to educate schoolchildren on interacting with the elderly. A 24-hour helpline is being established, and measures are being taken to prevent older people from experiencing social isolation.
- To protect the superannuation from any hardships, government policy encourages early settlement of pension, provident fund (PF), gratuity, etc. Additionally, it supports adopting a taxation policy age-sensitive.
- Their medical needs are given significant priority under the policy.
- The Income Tax Act’s Sections 88B, 88D, and 88DDB provide tax breaks for senior citizens.
- The Life Insurance Corporation of India (LIC) has also been offering several programs, including the Jeevan Dhara Yojana, Jeevan Akshay Yojana, Senior Citizen Unit Yojana, and Medical Insurance Yojana, for the benefit of older people.
- The ‘Annapurna Yojana’ program was introduced by former prime minister A.B. Bajpai specifically for the benefit of senior citizens. Unattended elderly people are provided 10 kg of food each month as part of this yojana.
- It is intended to offer elderly people low-interest loans for 10% of the homes built under government programs for the urban and rural lower-income sectors.
MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
The Act intends to provide senior folks with maintenance to prevent their plight. Senior citizen property and lives are also protected by it. Every district would have old-age homes built, according to the plan. The necessities of existence are included in the definition of upkeep. All Indian nationals who have reached the age of 60 are covered by this Act. This article discusses a few of the Act’s key clauses.
- An elderly person without children may make a maintenance claim against any relative who owns his property or would be entitled to inherit it.
- A tribunal to handle matters involving maintenance is to be established by the state government.
- The state government must specify the maximum maintenance allowance, which cannot be more than 10,000 per month.
- If a person fails to pay maintenance as required by the tribunal’s order, they may be sentenced to imprisonment.
- Within 60 days of receiving the tribunal’s order, an appeal may be filed with the appellate tribunal.
- The tribunal may hold a quick hearing.
- To reduce the cost of the procedures, the parties are not permitted to hire a lawyer.
- The Act mandates the construction of at least one old age home, capable of housing 150 senior persons, in each district.
- A senior can also ask the tribunal to revoke the gift or will that transferred his property.
- The Act lays forth penalties for anyone who neglects parents or senior citizens and is responsible for caring for them.
BENEFITS UNDER TAX LAW
Certain tax incentives are also available to seniors. Several of the helpful clauses are described here.
- For senior persons and ultra-senior citizens, there are separate income tax slabs. Senior citizens are exempt from income tax on amounts up to 3 lakhs and 5 lakhs, respectively, while 10% of income tax is applied to amounts between 3 lakhs and 5 lakhs for senior people. Seniors are defined as those over 60 and super seniors as those over 80.
- According to Section 80D of the Income Tax Act of 1961, older citizens are eligible for a deduction of $20,000 for the cost of their medical insurance premiums.
- The elderly are excused from paying advance tax if they do not have company income. The only tax they must pay is the self-assessment tax.
- For older citizens, the deduction under section 80D as to deduction for the treatment of specific ailments is 60,000.
- The money a senior citizen receives through a reserve mortgage program is tax-free.
THE POLICY MENTIONS
The design of the housing colonies will take into account the requirements and way of life of the elderly, ensuring that there are no physical obstacles to their movement, that they are given the ground level, and that they may engage socially with other elderly members of society. Despite all these efforts, it is necessary to emphasize to the elderly the necessity to adapt to their changing circumstances and make every effort to coexist peacefully as long as possible with the younger generation.
It should be noted that the Madurai Bench of the Madras High Court recently ruled that the benefits granted to a government employee under Section 47 of the Persons with Disabilities (equal opportunities, protection of rights, and full participation) Act, 1995, cannot be restricted to just the seven types of medical conditions defined as “disability” in the Act. Blindness, low vision, leprosy cured, hearing impairment, locomotor disability, mental retardation, and mental disease make up the seven medical conditions.
Justice F.M. Ibrahim and Justice K. Venkataraman, who made up a division bench, stated: “We believe that the court cannot close its eyes if someone comes knocking on its doors asking for relief under the Act. The advantages of beneficent legislation cannot be disputed in a welfare state like India based on superficial technicalities. Although the seven medical disorders listed in this Act are not specifically related to the elderly, they are common symptoms of the elderly.
OTHER SCHEMES FOR SENIOR CITIZENS
- Senior citizens living in BPL households are entitled to a pension of 200 INR under the National Old-Age Pension Scheme from the Central Government. The State Government also provides an additional 200 INR.
- The railway ministry offers discounts of 30% and 50% on rail fares to male and female senior citizens over 60, respectively.
- For male senior citizens over 65 and female senior citizens over 63, the Civil Aviation Ministry offers a discount of up to 50% on flights with the National Carrier and Air India.
- The Department of Pensions and Pensioner Grievances has established a public portal to offer all the information on the status, process, and paperwork needed for a pension application. The portal can also be used to file complaints
A dedicated bureau for older persons was established in the Ministry of Social Justice & Empowerment as part of the government’s National Policy for Older Persons, 1999, in addition to all of these programs and services. Additionally, it sought to establish independent National Associations of Older Persons, the National Council for Older Persons, and state-level councils of older people. These organizations were created to investigate the issues affecting the elderly and attempt to find solutions.
NEED FOR A CHANGE IN APPROACH
The third stage of human life, known as “Vanpristha,” required individuals to transition from the responsibilities of a “Grihastha” after reaching the age of 50. This stage required individuals to devote the following 25 years of their lives to the selfless service of the suffering humanity and the larger society in exchange for the services received from society during the first 50 years of their lives.
Utilizing this enormous human resource will require the adoption of specific techniques and approaches at all levels of policy-making, planning, programming, etc. to promote senior people’s involvement and participation in the socioeconomic development process on a much bigger scale. Their social isolation must end as a result of this participation, and their level of pleasure with life as a whole must rise. Any effort to enlist the elderly’s assistance in serving the country must also provide them with a package of services intended to improve their quality of life and a social security system that is properly thought out. India’s society and government must take the task of effectively focusing on the following two problems:
- How to treat senior citizens fairly so they can live peacefully, productively, and satisfactorily; and
- How to make use of the vast knowledge store and wealth of life experience of the elderly so they can make the most of their remaining energy and contribute to the overall development of their country.
Palliative Care: An Urgent Need 70% of the city’s elderly population is taking medicine, according to a pilot poll. The daily average spending ranges from Rs. 3 to 200. However, about half of the funds are wasted. The lack of appropriate palliative care in the nation is the cause. The World Health Organisation has designated 7 October as Hospice and Palliative Care Awareness Day to raise public awareness of the value and necessity of these services.
When dealing with a terminal disease, having access to the highest caliber of treatment is a human right. Ironically, a lot of people are denied this freedom worldwide. The sad fact is that many governments fail to recognize the significance of this right, according to geriatrician Dr. Abhishek Shukla.
CONCLUSION
We can sum up by noting that the issue of the elderly needs to be dealt with immediately and carefully. It is important to modify the Constitution to remove the particular provision for the protection of senior citizens from the core set of rights. In modern times, the family should not be considered to be a secure place for them due to the deterioration of the joint family system, dislocation of familiar relationships, and loss of respect for the elderly. Therefore, it should be the State’s constitutional obligation to enact legislation that includes palliative care for the welfare and further protection of older citizens.
REFERENCES
