MAINTENANCE AND WELFARE OF PARENTS AND SENIOR  CITIZENS ACT, 2007

ABSTRACT  

The Maintenance of Parents and Senior Citizens Act was passed in 2007 to protect  the economic, social and mental welfare of senior citizens in India. As the senior  citizen population is growing, we are also seeing greater numbers of neglect and  abuse, signifying further need for a legal mechanism as a solution. This Act put in  place a framework to provide a systematic process to ensure that a senior citizen is  provided maintenance and care by children or heirs, and the Act provides some  remediation in the situation that the heirs are neglectful.

Maintenance and Financial Security: 

The Act provides for financial support of elderly parents and dependent relatives  from their children or legal heirs so that they can live with dignity and security. 

1. Avoidance of Neglect and Abuse: 

It safeguards elderly citizens from physical, psychological or monetary injury  and prevents them from being abused by their family members or care providers.

2. Legal Assistance to Elderly Parents: 

The Act provides easy and affordable legal process for elderly parents to get  maintenance so they don’t have to struggle for their needs. 

3. Safeguarding Property Rights: 

If a senior citizen has given away their property with promise of care and support  but is abandoned later the Act allows them to recover their property. 

4. Providing Safe Spaces through Old Age Homes and Healthcare  Facilities: 

State governments have to establish and maintain old age homes in all districts so  that the elderly without support from family have a place to live with care and  dignity.

5.Promoting Family Obligation: 

The Act upholds the notion that the care of elderly parents is not only a statutory  obligation but also a moral and social obligation and promotes a culture of respect  and care within families.

ANALYSIS :

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides  protection and support to our senior citizens and parents. Its primary goal is to  ensure their welfare, legally obligate their children and grandchildren to provide  maintenance and support. The Act provides means of addressing cases of neglect  and abuse. 

KEY PROVISIONS OF THE ACT :

This Act says that children or relatives who can afford should support senior  citizens or parents who can’t take care of themselves. Maintenance includes  food, clothing, a place to live and medical care. Senior citizens in distress can  ask for financial help from their children or legal heirs. 

Tribunals for Maintenance Disputes: 

The Act sets up Maintenance Tribunals at district level to deal with cases of  parents and senior citizens. These Tribunals can order monthly maintenance  and the state governments will fix the amount. They will also ensure that the  cases are disposed off within 90 days so that senior citizens get a quick legal  solution.  

Revocation of Property Transfer: 

If a senior citizen has given property to a relative on condition that they will  take care of them and the relative doesn’t do so, the property transfer can be  cancelled. This rule will protect senior citizens from being pressurised to give  away their assets. 

Protection Against Abuse and Neglect: 

The Act is very strict against those who abandon or neglect their elderly  parents. It will ensure that older individuals are protected from financial,  emotional and physical abuse. Anyone who abandons a senior citizen can be  sent to jail or fined, so family members will be accountable. 

Old Age Homes:

The Act directs state governments to set up old age homes in every district to  take care of and shelter needy senior citizens. These homes should have  facilities for medical care, recreation and daily living needs.

CASE LAWS UNDER THE ACT :

1. Rajesh Kumar Srivastava v. State of UP & Others (2017) 

Facts: An elderly person filed a complaint against his son stating he received no  care and support. The son argued he lacked the means to provide for his father. 

Judgment: The Allahabad High Court ruled that children must support their  parents regardless of their economic status. The Maintenance Tribunal ordered the  son to pay his father a fixed sum each month. 

Significance: This ruling highlighted children’s legal duty to look after their  elderly parents. 

2. Justice Shanti Sarup Dewan v. Union Territory, Chandigarh  (2014) 

Facts: An 82-year-old former judge took action by submitting a petition to  remove his son and daughter-in-law from his house citing ill-treatment as the  cause. 

Judgment: The Punjab & Haryana High Court upheld the rights of older  citizens stating that parents have the power to expel abusive children from their  property. 

Significance: This legal decision established a new standard. It demonstrated  that older parents have the right to evict their abusive children from their homes.  This holds true even when there’s no formal agreement in place for the children to  support their parents.

3. Sunny Paul & Another v. State NCT of Delhi (2017) 

Facts: An elderly couple wished to evict their son and daughter-in-law from  their residence. They had been victims of harassment, and the younger couple  refused to vacate the house despite being asked to do so. 

Judgment: The High Court stated that parents were also entitled to demand that  their children vacate their house under the Act, regardless of the title to the  property. 

Significance: The decision reaffirmed and strengthened older adults’  entitlement to evict. It helped older adults to more easily terminate ongoing  relationships with family members who were abusive. 

4. S. Vanitha v. Deputy Commissioner, Bangalore Urban District  (2020) 

Facts: An older man transferred the title of his property to his son. He received  an assurance and agreement from the son that he would take care of him as his  father aged and became incapacitated. After some time, the son stopped taking  care of his father, creating a legal dispute about the property.  

Judgment: The Supreme Court recognized and ruled that older parents could  recover elderly property transferred to the son by way of a care agreement, given  the son’s failure to honourable the care contract. 

Significance: The decision added protections for older adults that place  limitations on the abuse of property rights.

7. Conclusion:-

The Maintenance for Parents and Senior Citizens Act, 2007 has been very  important in protecting and promoting the rights and dignity of senior citizens.  Legal provisions for the maintenance of parents and senior citizens, and the added  element of protection through legal remedies represent a significant step in  legislative protection of older persons from neglect and abuse. Nevertheless, there  continues, nonetheless, to be challenges to its implementation mainly, related to  awareness about the law generally, and also, challenges to implementation. If the  desires of this law are to be realized, awareness needs to be raised, access to legal  representation and remedies increased, and safe and dignified places for our senior  citizens created, all of which will require a concerted effort from government,  society and legal infrastructure. 

Suggestions

1.Implementation Constraints – What do you regard as the key  obstacles to effective implementation of the law? 

2. Awareness initiatives – What suggestions do you have for getting the  word out about the law to older persons and their family members? Changes in the law – Should the law be amended to better protect older  persons? 

3. Role of NGOs and society – How can NGOs and the community be used  to provide better care for older persons?

References :

1. The Maintenance and Welfare of Parents and Senior Citizens Act,  2007 – Government of India. 
2. Justice Shanti Sarup Dewan v. Union Territory, Chandigarh, (2014)  – Punjab & Haryana High Court. 
3. Sunny Paul & Another v. State NCT of Delhi, (2017) – Delhi High  Court.