Senior Citizens Act – Maintenance & Welfare of Parents

This Act is designed to ensure that parents and senior citizens receive the care and financial support they are entitled to, thereby guaranteeing their well-being, dignity, and protection from neglect or abuse.

1. Introduction

The Maintenance & Welfare of Parents & Senior Citizens Act 2007 creates legal provisions for maintenance of parents and senior citizens. It casts a duty on all children and legal heirs to maintain and care for their elderlies.

The Act seeks to ensure dignity, security, and well-being for senior citizens, promoting their right to live a life free from neglect and abandonment, and holds children accountable for their responsibilities. Which means Parents and Senior Citizens acquire the Right to be maintained by their children or legal heirs.

Earlier it was only under Section 125 CrPC that parents could claim maintenance. But now this Act empowers Senior Citizens too, provided they have legal heirs to their property, who become duty bound to maintain them.

The Act also includes provisions for senior citizens’ welfare, such as healthcare facilities, old age homes, and social security measures.

This Act is designed to ensure that parents and senior citizens receive the care and financial support they are entitled to, thereby guaranteeing their well-being, dignity, and protection from neglect or abuse.

Let’s take a look at few salient features of the Act …

2. Maintenance – Legal Right of Parents & Senior Citizens

The Act grants legal right to every parent / senior citizen to be cared for and duly maintained by their children / legal heirs. In other words, it is the duty of every child / legal heir to adequately take care of and maintain their parents / senior citizens.

In effect, the Act makes it a legal responsibility for children (or legal heirs) to maintain their elderly parents, including providing financial support, food, shelter, and medical care.

The Act also makes abandonment and neglect of seniors a cognizable offence. The offender is liable to be punished with imprisonment or fine or both.

3. Maintenance Tribunals

The Act mandates creation of Maintenance Tribunals to address complaints of Parents and Senior Citizens.

If a senior citizen is unable to maintain themselves due to old age, disability, or incapacity, they can seek maintenance through the Tribunal. Or ,if children or relatives fail to provide maintenance, parents can file a petition before a Maintenance Tribunal. The Tribunal has the authority to determine the amount of maintenance, considering the financial capacity of the children and the needs of the senior citizen.

If the order for maintenance is not followed, the Tribunal can impose penalties, including fines or imprisonment, on the children or heirs who refuse to comply.

All states need to notify Rules under this central legislation. Delhi for instance has Delhi Maintenance and Welfare of Parents and Senior Citizens Rules 2009, which has been amended to serve the interest of elderlies in a bid to help them lead a secure life.

4. Appellate Tribunals

Section 15 of the Act provides for Appellate Tribunals, where Appeals against Orders of Maintenance Tribunals can be filed. Each Appellate Tribunal is headed by an officer not below the rank of District Magistrate.

Under Section 16 of the Act, any senior citizen or a parent aggrieved by an Order of the Tribunal may, within 60 days from the date of the order, prefer an appeal to the Appellate Tribunal.

5. Maintenance Officer

Section 18 of the Act specifies that each state shall designate the District Social Welfare Officer as Maintenance Officer. Since parties are NOT allowed to be represented by a legal practitioner (Advocate), the law provides that the Maintenance Officer of the District shall represent the Senior Citizen / Parent (if desired) during the proceedings at the Tribunal or Appellate Tribunal, as the case may be.

6. Old Age Homes

Section 19 of the Act mandates that every state government should provide for atleast one Old Age Home in each district with a minimum capacity to accomodate 150 indigent senior citizens. Indigent means ‘any senior citizen who does not have sufficient means to maintain themselves’.

The Act therefore provides the option for senior citizens to be accommodated in old age homes if they are unable to stay with their children or family. It also mandates that such homes meet basic standards and maintain hygiene.

7. Download – Senior Citizens Act

7.1 The Maintenance and Welfare of Parents and Senior Citizens Act 2007

7.2 The Maintenance and Welfare of Parents and Senior Citizens Act 2007  (Hindi)

8. Amendment

A Draft Bill on proposed amendments in The Maintenance and Welfare of Parents and Senior Citizens Act 2007 is pending in Parliament for approval. This Bill when approved will further amend the Seniors Act to bring more stringency in provisions for welfare of elderlies.

9. Statement of Objects and Reasons

The Statement of Objects and Reasons serves as a brief summary that justifies the need for the legislation and explains the objectives to be achieved by its enactment.

Given below is the Statement of Objects and Reasons for the Senior Citizens Act when it was first introduced as a Bill in the Parliament of India in 2007 as ‘The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007’.

Also Read: Act becomes Law when notified in Gazette of India

9.1 Statement of Objects and Reasons for The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007

               STATEMENT OF OBJECTS AND REASONS           

   Traditional norms and values of the Indian society laid stress on providing care for the elderly. However, due to withering of the joint family system, a large number of elderly are not being looked after by their family. Consequently, many older persons, particularly widowed women are now forced to spend their twilight years all alone and are exposed to emotional neglect and to lack of physical and financial support.  This clearly reveals that ageing has become a major social challenge and there is a need to give more attention to the care and protection for the older persons. Though the parents can claim maintenance under the Code of Criminal Procedure, 1973, the procedure is both time-consuming as well as expensive. Hence, there is need to have simple, inexpensive and speedy provisions to claim maintenance for parents.
 
   2. The Bill proposes to cast an obligation on the persons who inherit the property of their aged relatives to maintain such aged relatives and also proposes to make provisions for setting up oldage homes for providing maintenance to the indigent older persons.                 

The Bill further proposes to provide better medical facilities to the senior citizens and provisions for protection of their life and property.          

   3. The Bill, therefore, proposes to provide for:-
  (a) appropriate mechanism to be set up to provide need-based maintenance to the parents and senior citizens
  (b) providing better medical facilities to senior citizens
  (c) for institutionalization of a suitable mechanism for protection of life and property of older persons.
  (d) setting up of oldage homes in every district.
   
   4. The Bill seeks to achieve the above objectives.

NEW DELHI;                              MEIRA KUMAR                          The 9th March, 2007. 

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