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MAINTENANCE AND WELFARE OF PARENTS AND

SENIOR CITIZENS ACT, 2007

Capt. S.K.BHANDARI

&

THE ASFIC TEAM

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Ancient Philosophy speaks of Ashramas.

Jara (old age) one of the four reasons of Buddha’s

penance

Vedanta argues to attain Moksha through Ashrama

specific Purushartha.

Moksha – freedom from miseries of life-cycle including

those of old age.

Joint family ensured the process of life long care giving

Ageing – In Indian Tradition

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Urbanization, migration, better education

Changing world : changing family roles - need for

readjustment.

Rising elderly population

Women elderly outnumber male

Rising Dependency Ratio

Strains on joint family system and traditional care giving

mechanism

New Challenges

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Population 60+ 20 million in 1950 5.4% 57 million in 1991 6.8% 70.6 million in 2001 6.9%

Ageing: Demographic Profile

20 million

57 million70.6 million

0

20

40

60

80

1950 1991 2001

Population

Ageing: A Demographic Profile

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Population projections (2006-2026) 83.5 million in 2006 7.5% 94.8 million by2011 8.3% 118 million by 2016 9.3% 143.7 million in 2021 10.7% 173.1 million in 2026 12.4%

20 5770.6 143.7

173.1

0

50

100

150

200

mill

ion

2006 2011 2016 2021 2026

Population 60+

Ageing: Demographic Profile

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Life Expectancy: Female : Male

2006-2010 68.1 : 65

2011-2016 72.3 : 69.2

Rural & Urban Status: Rural Elderly

74.97% Urban Elderly

25.02%

Ageing: Demographic Profile - Contd..

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Ageing India (Highlights)

India has the second largest number of elderly persons- 81 million

80% live in rural areas; 73% are illiterate, and can only be engaged in physical labor.

55% of women over 60 are widows, many of them with no support whatsoever.

90% of older persons are from the unorganized sector, with no social security at the age of 60.

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Ageing India (Demographic profile)• life expectancy is now closer to

65 years. • expectation of life at age 60 for

females has increased at a faster rate as compared to that for males.

• feminization of the elderly population

• increase in the number of the older old (80 years +)

• 30% of the elderly are below the poverty line.

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ISSUES & CHALLENGES

Emotional turmoil

Financial crisis

Increase in morbidity

Social isolation & alienation

Lack of health care

Widowhood

Growing frailty &

dependency

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Article 41 of the Constitution provides –

The State shall, within the limits make effective provision for securing the right to work, to education and to public assistance in case of unemployment, old age...

Hindu Adoption and Maintenance Act, 1956

Maintenance of aged and infirm parents obligatory Muslim Personal Law

Provides for care and support of parents

Criminal Procedure Code (Cr.P.C.)1973

Also ensures maintenance of parents by children

Statutory Provisions

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“The legislation hopes to instill a sense of security

in the elderly population and responsibility for the

younger generation, and changing the mindset of people

to create a caring India.”

SMT. MEIRA KUMAR

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The Act provides for :• effective mechanism for parents and senior citizens to

claim need-based maintenance from their children/grand

children , relatives;

• Maintenance claim for the benefit of those senior citizens,

who do not have children, grand children or relatives.

• proper mechanism for protection and care of senior

citizens

Purpose of the Act

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Two Major Aspects

Parents (No Age Bar) & Senior Citizens Senior Citizens, 60+Yrs

Welfare

Central/State Government

Maintenance

Children/Relatives

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

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Maintenance of Parents and Senior Citizens (Chapter II)

Establishment of Old Age Homes (Chapter III)

Provisions For Medical Care Of Senior Citizens (Chapter

IV)

Protection of life and Property of Senior Citizens

(Chapter V)

Offences and Procedure For Trial (Chapter VI)

Role of State Governments (Miscellaneous) Chapter VII)

Salient Features

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• Application for maintenance (Sec-5(1))

• Provision for interim maintenance allowance (Sec-5(2)

• Amount of Maintenance to be determined on inquiry (Sec-

5(3)

• Monthly allowance for maintenance shall be disposed

within 90 days (Sec-5(4))

• Fine and/or imprisonment up to one month if monthly

maintenance is not paid (Sec-5 (8))

• The Tribunal may refer the case to Conciliation Officer

before hearing an application (Sec-6(6)

Maintenance of Parents and Senior Citizens (Chapter II)

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Constitution of Maintenance Tribunal (Sec-7) Summary Procedure in Case of Inquiry (Sec-8)

The Tribunal shall have all the powers of Civil Court for taking

evidence, the attendance of witness

It shall be deemed as a Civil Court for all purposes of Section

195 and Chapter XXVI of Code of Criminal Procedures 1973

The Tribunal may choose special knowledgeable person to

assist in adjudicating and deciding upon any claim for

maintenance

Maintenance of Parents and Senior Citizens (Chapter II) Contd..

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Maintenance Officer

o The State Government may designate District Social Welfare

Officer as Maintenance Officer to represent the parent during

proceedings of Tribunal/Appellate Tribunal (Sec-18(1))

o He may also function as a Conciliation Officer to settle the

case amicably (Sec- 6(6))

Non Representation by Lawyers (Sec-17)

Maintenance of Parents and Senior Citizens (Chapter II) Contd..

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Maintenance Tribunal (Sec-7(1))

Presided over by Officer not below the rank of Sub-

Divisional Officer of State, (Sec-7(2))

Presided over by an Officer not below the rank of District

Magistrate, (Sec-15(2))

Senior citizens may appeal within 60 days from the date

of order Sec-16(1)

Order of the AT shall be final Sec-16(5); Time period is one

month, Sec-16(6)

Summary procedure in case of inquiry, (Sec-8(1))

Order for maintenance, Sec-9(1), shall not exceed Rs. 10,000/month, Sec-9(2)

Tribunals

Appellate Tribunal (Sec-15(1))

Maintenance of Parents and Senior Citizens (Chapter II) Contd..

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• The State Government may Establish

• at least one old age Home in each District for indigent senior

citizens, Sec-19(1);

• Prescribe a Scheme for Maintenance of old age Homes Sec-

19(2)

• Minimum standards of services, Sec-19(2)

Establishment of Old Age Homes (Chapter-III)

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The State Government shall ensure, (Sec-20) Beds for all Senior Citizens in Government and Aided

hospitals

Separate queues

Facility for treatment of chronic elderly diseases and

Research in this respect to be expanded

Earmarked facilities in every District Hospital for

Geriatric patients headed by a Medical Officer

Provision for Medical Care of Senior Citizens (Chapter-IV)

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• The State Government shall prescribe a comprehensive Action Plan for protection of life and property. (Sec-22(2))

• The State Government shall take all measures to ensure, Wide publicity, awareness at regular intervals. (Sec-21(i)) Periodic sensitization and awareness training on the issues related to

the Act. (Sec-21(ii)) Coordination between the services provided by the concerned

Departments dealing with Law, Home Affairs, Health and Welfare etc. (Sec-21(iii))

Protection of Life and Property of Senior Citizens (Chapter-V)

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• Transfer of property to be void in certain circumstances, (Sec-23(1))

• Punishment for abandoning a senior citizen, (Sec-24)

Imprisonment upto 3months Fine upto Rs. 5000 or with both

Offences and Procedure for Trial (Chapter-VI)

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• The State Government shall notify the date of enforcement of the Act in the State

• The State Government shall make rules for carrying out the proposes of the Act.

• They shall constitute Maintenance Tribunals within six months from the date of enforcement of the Act and Appellate Tribunals.

• To designate the presiding officers of the Maintenance/Appellate Tribunals and the Maintenance Officer.

• To establish old age homes & to prescribe a scheme for management of old age homes, including the standards and services to provided.

Role of the State Government

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• To provide medical support to senior citizens as

envisaged in Chapter IV of the Act

• To prescribe a comprehensive action plan for providing

protection of life and property of senior citizens.

• To remove any difficulties in implementation of the Act

through a notification in the Official Gazette.

Role of the State GovernmentContd…

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Rules framed by the State Government may provide for (Sec-32)

a) holding enquiry

b) power and procedure of the Tribunal

c) maximum maintenance allowance

d) scheme for management of Old Age Homes

e) powers and duties of Authority

f) comprehensive Action Plan for providing protection of life and property of senior citizens

Role of the State GovernmentContd.

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To give wide publicity about the provisions of the Act

To assist the older persons/parents in making an application for maintenance (Sec-5(1)(b))

To Act as conciliation officer (6(6))

To assist Tribunals in holding an enquiry (8(3))

Represent a senior citizen for declaration of transfer of property void (Sec- 23 (3))

Role of NGOs

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• The Central Government may

direct State Government on execution of the provisions of the Act, (Sec-30)

make periodic review and monitor the provisions (Sec-31)

Role of Central Government

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REFLECTIONS

• Is The Act Really Instilling A Sense Of Security In The Elderly?

• Can We Coerce Anyone With Fear Of Punishment To Look After parents?

• Is The Seemingly Affectionate Behavior Of The Relatives And Caretakers A Result Of Care Or Scare?

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:IMPORTANT QUESTION:

IS THE MAINTENANCE ACT THE ANSWER TO THIS

SOCIAL EVIL?

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• There is no denying that the elderly are being marginalized, ignored, and abused.

• Some steps need to be taken to deal with the situation.

• Long-term strengthening of social values and family ties is what needs to be the focus of our work.

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THANK YOU