Author(s): Shobhana Sanjay Singh
Paper Details: Volume 2, Issue 2
Citation: IJLSSS 2(2) 13
Page No: 147- 152
HISTORICAL EVOLUTION
“The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted to address the growing issues of neglect and abuse of elderly parents and senior citizens in India. “Matru devo bhava aham, pitra devo bhava aham” our Indian historical literature reflects the importance of parents and to worship them. This Sanskrit quote says ‘I consider my mother as god and my father as god’. In Indian culture across various religions, there is a shared expectation for children to provide care for their parents and elderly relatives. But if the children are unable to perform their duty, then it results in parents and senior citizens possessing assistance to seek support for their sustenance as a matter of right to maintenance of parents.[1] India, as a signatory to international agreements like the Vienna International Plan of Action on Ageing and the United Nations Principles for Older Persons, has committed to implementing legislative and policy measures to protect old individuals. To effectively implement these policies, a legal framework was enacted by the parliament with all states and union territories duly notifying and implementing the provisions of the Act.”
OBJECTIVES
“The objective of this act is to provide financial security, welfare and safeguard for senior citizens. It mandates children to support their parents, while also requiring the government to allocate funds for old age homes and medical facilities. As per Article 41 of the Indian Constitution[2], in alignment with this commitment, a national strategy was made in 1999, to ensure the well-being and dignity of the elderly, covering key areas like financial protection, housing, healthcare, nutrition and overall welfare. The primary objective is by a legal obligation for children and heirs to provide maintenance to senior citizens and parents.”
SUMMARY OF THE PROVISIONS
“The Act is a significant legislative measure in India aimed at ensuring the well-being of elderly individuals (60 years and above) and parents who are unable to support themselves financially. It mandates that children and heirs[3] have a legal obligation to provide maintenance to their parents and senior citizens who are unable to sustain themselves from their income or assets.”
“The maintenance claim under the provisions is for necessities such as food, clothing, shelter, medical care[4] and other essential needs required for a dignified life. To facilitate the implementation of this law, Maintenance Tribunals[5] are established at the sub-divisional level. They have the authority to issue orders compelling children or the heir to fulfil their maintenance obligations. The procedure for filing maintenance claims[6] before the tribunal with a mandate for disposing of cases within a stipulated timeframe. To enforce compliance with maintenance orders, the Act imposes penalties on individuals who fail to adhere to their obligations and may have to face penalties, including imprisonment for 3 months, fines or both.[7]” “The Act also emphasizes the broader aspect of the welfare of senior citizens. It encourages the establishment of facilities such as old age homes, recreational centres and healthcare services to cater to the specific needs of elderly individuals. Tribunals are appointed under the Act to provide a specialized forum for addressing disputes and grievances related to senior citizens. These tribunals typically comprise individuals with experience in matters concerning the welfare and rights of senior citizens, including retired judges’ social workers. This approach aims to ensure that the adjudication process is tailored to specific needs and concerns of senior citizens, promoting quicker resolution of issues and access to justice.”
ANALYSIS
“Until 2007, India lacked specific legislation dedicated to the maintenance of elderly persons and senior citizens (Above 60 years). The new Act introduces various provisions, including the establishment of separate Maintenance tribunals and officers, provisions for old age homes, medical care for senior citizens, safeguards for their life and property, training for law enforcement and judicial personnel, and penalties for abandoning parents or senior citizens. There is an increase in physical and mental abuse of senior citizens which has been addressed under the Act. The provisions covered under the Act are maintenance provision, tribunal and appellate tribunals, old age homes, medical care, legal representation, awareness and sensitization.”
“The Act requires children or relatives to provide maintenance to senior citizens and parents. The establishment of tribunals and appellate tribunals provides a mechanism for resolving disputes regarding maintenance orders. The policy mandates the establishment of old age homes by the government in every district for indigent senior citizens. It also emphasizes the medical care for the elders and ensuring facilities in government hospitals.”
AMENDMENT
“There is no amendment so far but there is a bill introduced as the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019[8]. The maintenance amount payable as directed by the Maintenance Tribunal is a maximum of Rs. 10,000/- amount to their parents in the introduced bill the maximum limit of the amount has been removed. Another point covered under the bill is that the appeal is only provided to senior citizens, as the introduced bill allows children and relatives also to appeal. The punishment provided under the Act is not provided with any hard punishment. As per the bill enactment if there is failure to payment may lead to imprisonment of up to one month or until the payment is made. The bill also addresses addition in the definition of children it brings step-children, adoptive children, children-in-law and legal guardians of minor children.[9]”
CRITICAL APPRAISAL
- “The Tribunal will decide the amount which has to be paid to the senior citizens by their children and relatives. It does not even include the son or daughter-in-law within the definition of ‘children’. The maximum maintenance amount limit is Rs. 10,000/- (Ten thousand only).”
- Homecare services are not been defined under the Act as well and the requirements have also not been specified.
- In real life, if the person does not have a child, then as per the provisions of the Act the relatives are bound to maintain them which is difficult to practice in real-life scenarios.
- There is no uniformity between the states for the implementation of the Act in a structured manner. The lack of awareness as per the LASI reports that 12% of the elders are aware of this Act.[10]
- Execution orders may take time to implement due to the delay and pendency of matters in courts.
JUDICIAL RESPONSES
‘ANIL KUMAR DHIMAN V. STATE OF HARYANA, 2021[11]
Under this case the Punjab and Haryana High Court Held that the elderly parents have the right to evict their son and daughter-in-law under MWPSC, 2007.
‘S. VANITHA V. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, 2019[12]
The court ruled that Section 23 of the Senior Citizens Act grants two distinct rights that is the tribunal can declare property transfers void if basic amenities promised to a senior citizen are not provided and the senior citizen has a right to maintenance enforcement. The term ‘maintenance’ includes residence provision. Enforceable of not adequately provided during property transfers. The determination of whether premises constitute a shared household under the 2007 Act is left to the appropriate forum.
‘RITIKA PRASHANT JASANI V. ANJANA NIRANJAN JASANI, 2021[13]
The question raised in this case was whether the ancestral property would be evicted under the definition of Section 2(s) Shared Household. The case was remanded back to the Tribunal for a fresh decision.
‘SIMRAT RANDHAWA V. STATE OF PUNJAB, 2020[14]
Under this case, the interpretation of section 2(e) ‘prescribed’ the state government shall prescribe such a plan for protecting the life and property of senior citizens. The effectiveness of the enforcement should be stronger efforts because till today the elders are facing various modern societal issues.
‘VIJAYPAT SINGHANIA (DR.) V. HARI SHANKAR SINGHANIA, 2013[15]
Under this case, the issue as to whether the invocation of arbitration is within limitation has to be distinguished from the question of whether a substantive claim in the arbitral proceeding is within limitation.
CONCLUSION
“The Act itself is the only statute which deals with maintenance, security welfare and care of parents and senior citizens in India. The major focus is given on the ‘duty of maintenance’ by children and relatives not on the ‘rights of maintenance’. Recognizing the rights of elderly people, many countries have made legislation with the object to safeguarding the welfare and maintenance of senior citizens. In this modernization era the implementation and strengthening of such laws to uphold the rights and well-being of senior citizens is crucial. Nowadays, numerous elderly individuals either experience abandonment or are left to fend for themselves without sufficient medical, social, financial and emotional assistance. Moreover, a distressing number endure mistreatment, encompassing both verbal and physical abuse, inflicted by their family members. In Indian Society, parents with the same regard as God, their care and protection are almost the priority. The Amendment Bill 2018 is pending legislation the changes under the Act are a view in trying to avoid abuse to the elderly.”
[1] Hema V. Menon & Swati R. Chiney, Critical Evaluation of – Maintenance and Welfare of Parents and Senior Citizens Act, 2007, 2 INDIAN J.L. & LEGAL RSCH. 1 (2021).
[2] Indian Const. Art. 41
[3] The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, 2021. Section 4
[4] The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, 2021. Section 2(b)
[5] The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, 2021. Section 7
[6] The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, 2021. Section 8
[7] The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, 2021. Section 24
[8] The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019 (Introduced in Lok Sabha 11-12-19)
[9] Shraddha Trivedi, The Senior Citizens of India: Laws, Rights, and Welfare, 5 INT’l J.L. MGMT. & HUMAN. 1122 (2022)
[10] Issac, Thomas Gregor et al. “Maintenance and Welfare of Parents and Senior Citizens Act 2007: A Critical Appraisal.” Indian journal of psychological medicine vol. 43,5 Suppl (2021): S107-S112. doi:10.1177/02537176211043932
[11] Anil Kumar Dhiman v. State of Haryana, 2021 SCC OnLine P&H 4552
[12] S. Vanitha v. Deputy Commissioner Bengaluru Urban District, 2019 SCC OnLine Kar 3171
[13] Ritika Prashant Jasani v. Anjana Niranjan Jasani, 2021 SCC OnLine Bom 1802
[14] Simrat Randhawa v. State of Punjab, 2020 SCC OnLine P&H 4394
[15] Vijaypat Singhania (Dr.) v. Hari Shankar Singhania, 2013 SCC OnLine Bom 434