MAINTENANCE & WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

NEGLECT & ABUSE OF ELDERLY PEOPLE

A law that protects elderly abuse

 We often hear stories of distant friends and family about elder abuse, domestic violence on elderly parents. The abuse elders report is common across social classes and cities, although there are differences between cities, as Bengaluru and Nagpur report the highest elder abuse and Delhi and Kanpur the least. Four in 10 old people testify to verbal abuse, three to neglect, and a third to disrespect.

Thus to safeguard and protect the elderly the Government of India has introduced the “Maintenace and welfare of parents and senior citizens act, 2007”.

A report released by the United Nations Population Fund and HelpAge India suggests that the number of elderly persons is expected to grow to 173 million by 2026.

WHO ARE CALLED THE SENIOR CITIZENS?

According to the law, a “senior citizen” means any person being a citizen of India who has attained the age of 60 years or above.

ABOUT MAINTENANCE & WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

 INTRODUCTION & MEANING

According to this Act, senior citizens who are unable to maintain themselves can make an application against their children for maintenance. If a senior citizen is a childless person, he can file an application against his relatives for maintenance. This act casts an obligation on the children to take care of their parents/grandparents.

An Act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereto.

This act also requires the setting up of OLD AGE HOMES, provision for MEDICAL CARE OF SENIOR CITIZENS, and PROTECTION OF LIFE & PROPERTY OF SENIOR CITIZENS.

WHAT IS MAINTENANCE AND WHAT TO EXPECT?

  1. Maintenance includes the provision of food, clothing, residence, medical attendance, and treatment.
  2. The maximum maintenance allowance which may be ordered by such Tribunal shall be such as may be prescribed by the State Government which shall not exceed ten thousand rupees per month.

WHO CAN APPLY FOR MAINTENANCE?

The application for maintenance may be made under section 4 of the act to the tribunal either by:

  • The parent/senior citizen; or
  • In case they are incapable of doing so, any voluntary association registered under The Societies Registration Act 1860 or any other law may appeal on their behalf.
  • By the tribunal on its own motion.
  • Parties against whom the application can be filed:

The application may be filed against one or more persons, which include child/relative or any other concerned parties. For the purpose of the act ‘Relative’ would mean any legal heir of a childless senior citizen who is not a minor.

PENALTIES

If the children/relative fails to pay the due amount within a period of three months, a warrant may be issued by the tribunal for the imprisonment of the defaulter.

For the abandonment of a senior citizen, their caregiver can be fined or imprisonment or both.

The fine may extend to Rs 5000, and the imprisonment may extend to three months.

CONCLUSION

Indian society lay high importance on providing care and protection for parents and the elderly. Nowadays. Some senior citizens are forced to stay alone and are exposed to various kinds of problems such as lack of physical, social, emotional, and financial support.

To overcome such difficulties the Government of India has enabled this law to provide maintenance and protection to parents and senior citizens.

Happy 60 plus is a platform that brings together the elderly and we aim our very best to provide the right and useful knowledge that we feel is a must for every senior citizen to be aware of. We conduct various seminars and workshops and aim to create a community that will bring senior citizens closer and help in some way or the way.

Happy 60 plus provides Help Buddy services to senior citizens and the elderly to enable and empower them for an Independent living and happy aging experience. Happy60Plus provides all kinds of help, not only the kind mentioned above but also in many other ways.

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