Old age brings with it more than a few challenges. For many senior citizens, loss of employment tends to give rise to economic hardships. For most others, deterioration in their physiology results in health issues and increased medical expenses.
In addition, due to their advancing years, the elderly become more vulnerable to financial exploitation and physical and emotional abuse.
Only a few are aware though that there are laws in place that protect several of their rights and interests.
What are the laws protecting the interests of senior citizens (60 years and over)?
Elderly parents have a right to claim maintenance from their children (Criminal Procedure Code)
- If a person who has sufficient money and resources neglects or refuses to take care of his or her aged parents, they will have a right to approach the court.
- Note that the elderly parents in this case must be unable to take care of themselves with the resources they have.
- The court may order such person to pay a monthly maintenance amount to his or her parents.
- If the person fails to comply with the order of the court he or she may be liable to imprisonment.
- Section 125 of the Code lays down this right.
- The Code applies to an Indian citizen practising any religion.
A childless senior citizen has a right to claim maintenance from the relative to whom their property is set to pass after their death (Maintenance and Welfare of Parents and Senior Citizens Act, 2007)
- An example of this can be that an elderly woman who does not have children, lives in her house with her niece/nephew. Here, if the house is meant to be transferred to the niece/nephew upon the elderly woman’s death, she will have a right to be maintained by the niece/nephew.
- Further, the Act provides that where a child harasses his parents or fails to take care of them then the parents have a right to take back a gift or share in their property that was given to the child.
- Under the Act, men and women of all religions are obligated to take care of their aged parents, who are unable to take care of themselves, so that the parents are able to lead a normal life.
- This duty to take care of elderly parents extends both to sons and daughters as well as to grandchildren (if they are not minors).
- If a person, whether a son, daughter or a relative abandons a senior citizen who they are meant to care for, they will be liable to be punished with imprisonment or fine or with both.
- Parents include biological, adoptive and step-parents.
It is obligatory for every Hindu man and woman to look after his or her aged parents (Hindu Adoption and Maintenance Act, 1956)
- The obligation to maintain aged parents is limited to cases where the parents are unable to look after themselves out of their own earnings and property.
- This provision is especially beneficial for elderly women who are dependent on their children after the death of their husband.
- Note that this law does not apply to all religions. It is limited to Hindus.
- This law has been laid out in Section 20 of the Act.
Any elderly woman who is facing harassment at home has a right to file a complaint under the Domestic Violence Act, 2005
- This right remains whether the concerned elderly woman is a sister, a widow, a mother or a mother-in-law.
Any self-acquired property that the elderly own can be disposed of by them as they please
- They are not bound to transfer their property to their children if their children do not look after them.
Furthermore, the Constitution of India protects the rights of our senior citizens. It secures the rights of the aged population to employment, education and public assistance. It also protects the economic interests of senior citizens and protects the elderly from abuse.
These provisions are covered under Article 41 and Article 46 of our Constitution. Though these Articles are not enforceable under the law as they are directive principles, they create an obligation on our country to create laws for the benefit of the elderly.
[Disclaimer: This post is an attempt to raise awareness of laws affecting Indian women. The post is only for general information and is not meant to substitute legal advice.]
