Maintenance Tribunals (Delhi) – Senior Citizens Act

1. Introduction

Delhi government has opened 11 Maintenance Tribunals in Delhi to address grievances of senior citizens under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which provides for compulsory maintenance of elderly by their families.

2. What are Maintenance Tribunals for Senior Citizens?

Maintenance tribunals for senior citizens are specialized legal bodies established to help elderly individuals secure financial support for their well-being. These tribunals are part of efforts to ensure that senior citizens are not neglected or abandoned and receive the necessary assistance to live with dignity.

3. Salient Features of Maintenance Tribunals

3.1 Purpose

The primary aim of these tribunals is to provide a platform for senior citizens to seek maintenance or financial support from their children, relatives, or legal heirs when they are unable to support themselves.

3.2 Jurisdiction

These tribunals usually have the authority to hear cases related to the maintenance of elderly individuals, including situations where they face neglect, abandonment, or financial distress.

3.3 Legal Framework

In India, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides for the establishment of such tribunals. It mandates that children or relatives provide financial support to senior citizens who are unable to support themselves.

3.4 Process

Senior citizens can file complaints with these tribunals if they are not being provided adequate care or maintenance by their children or family members. The tribunal has the power to order the concerned parties to provide financial assistance and care.

3.5 Enforcement

These tribunals can pass orders for financial maintenance, and if the parties fail to comply, penalties can be imposed. In some cases, the tribunals may direct government agencies to ensure the welfare of the senior citizen.

3.6 Access

Maintenance tribunals aim to make the process accessible and affordable, especially for vulnerable seniors. They provide a quicker, less formal legal remedy compared to regular courts. Senior Citizens / Elders can approach these Maintenance Tribunals through a written complaint on issues concerning their maintenance and care.

4. Rules followed by Maintenance Tribunals

Maintenance Tribunals are required to follow procedures specified in Senior Citizens Act read with Rules specified by the respective state. For instance, the 11 Maintenance Tribunals in Delhi follow rules specified by the Delhi Government. Likewise Maintenance Tribunals in states outside Delhi follow rules specified by their respective state.

It is suggested that you may also read Amendments made by Government in Rules regarding Maintenance and Welfare of Parents and Senior Citizens in Delhi.  The Rules will help you to seek an appropriate solution when you approach the Maintenance Tribunal of your district with your grievance. It will also help you in better understanding of the process as well as rules followed by Tribunals.

Please note that the Rules under Senior Citizens Act are state specific. Which means, each state in India ought to have these rules, though some rules may vary as per specific requirements of a state. Yet the rules cannot be in defiance of the purpose and intent of the Senior Citizens Act.

5. Maintenance Tribunals in Delhi

6. Know more

• Maintenance tribunals can restore property to elderly
• Delhi HC seeks Centre’s reply on plea challenging provisions of senior citizen Act
• Govt constitutes Appellate, Maintenance Tribunals
• Haryana Senior Citizens’ Council want implementation of Maintenance Act in ‘letter and spirit’