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”.