Introduction
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is an important legislation passed by the Indian government to safeguard the interests and well-being of the elderly population in the country. This Act aims to make it a legal obligation for children and relatives to provide sufficient maintenance and support to parents and senior citizens who are unable to take care of themselves financially or otherwise. It outlines provisions for ensuring proper maintenance, establishment of old-age homes, medical care, protection of life and property, and legal mechanisms to address issues related to the welfare of senior citizens in India.
Objectives of The Maintenance And Welfare Of Parents And Senior Citizens Act
One of the main aims of this Act is to make it legally binding for children and relatives to provide sufficient maintenance and financial support to their aged parents and senior citizens who are unable to take care of themselves. This includes covering their basic needs like food, clothing, housing, and medical expenses.
The Act mandates state governments to establish and maintain old-age homes in each district across the country. These homes must accommodate a minimum of 150 indigent (without means) senior citizens and provide them with adequate food, medical care, and recreational facilities. The term “indigent” refers to any senior citizen not having sufficient means as prescribed to maintain themselves financially.
Recognizing the vulnerability of the elderly, the Act has provisions to safeguard the life and property of senior citizens. It deems the transfer of a senior citizen’s property through gift or other means as void if the recipient fails to provide basic amenities and physical needs to the transferor.
The legislation emphasises providing proper medical support for senior citizens. It requires government and government-aided hospitals to have dedicated facilities like separate queues, treatment for age-related illnesses, and expansion of geriatric wards and research activities.
To aid its implementation, the Act establishes Maintenance Tribunals to adjudicate on claims for maintenance by senior citizens against their children/relatives. It also constitutes Appellate Tribunals to hear appeals against the Tribunals’ orders.
Salient Features of The Maintenance And Welfare Of Parents And Senior Citizens Act
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has several key features aimed at ensuring proper maintenance and welfare for the elderly population in India. Let’s take a look at the important highlights of this Act:
- Maintenance Obligation: The Act makes it a legal duty for children and relatives to provide sufficient maintenance to parents/grandparents who are unable to support themselves financially. This maintenance includes covering basic needs like food, clothing, housing and medical treatment.
- Maintenance Tribunals: The Act requires state governments to set up dedicated Maintenance Tribunals to adjudicate on claims for maintenance filed by parents/senior citizens against their children/relatives. These tribunals are meant to settle such claims in a time-bound manner.
- Summary Proceedings: One unique aspect is that the proceedings before the Tribunals are summary in nature. Parents/senior citizens can file claims directly without requiring a lawyer to represent them during the hearings, as per Section 17.
- Interim Maintenance: The Tribunals can direct children/relatives to pay a monthly interim maintenance amount to the elderly parents/seniors during the pendency of the main proceedings under Section 5.
- Time-bound Disposal: Section 5(4) mandates that maintenance claims must be disposed of within 90 days from the date of serving notice. This can be extended by a maximum of 30 days in exceptional circumstances for reasons recorded in writing.
- Appellate Mechanism: The Act provides for establishment of Appellate Tribunals at the district level to hear appeals against the orders of the Maintenance Tribunals.
- Establishment of Old Age Homes: State governments are required to set up at least one old age home in each district to accommodate a minimum of 150 indigent senior citizens and provide food, medical facilities and recreation.
- Penal Provisions: To prevent abandonment, the Act has penal provisions where children can be imprisoned for up to 3 months or fined Rs. 5,000 or both for leaving senior citizens with intent.
- Periodic Review: The Central government is empowered to periodically review and monitor the implementation of the Act’s provisions by state governments.
Maintenance of parents and senior citizens under the Act
The Act recognizes the critical issue of many aged parents and senior citizens being unable to support themselves due to lack of resources, income or financial dependence. It thus makes maintenance from children and relatives a statutory obligation rather than just a moral duty.
Who is Entitled to Claim Maintenance?
Under Section 4 of the Act, the following categories of elderly persons are entitled to claim maintenance:
- Parents or grandparents (aged 60 years or above) who are unable to maintain themselves from their own earnings or property. They can claim maintenance from their children or grandchildren who are not minors.
- Childless senior citizens (aged 60 years or above) can claim maintenance from their relatives who would inherit their property after their death. If there are multiple legal heirs, the maintenance liability is proportional to their share in the property.
The Maintenance Obligation Section 4 stipulates that children and relatives have the legal obligation to maintain parents/senior citizens to lead a normal life with dignity. This maintenance obligation extends to providing:
- Basic amenities like food, clothing, residence, medical attendance and treatment
- Meeting the specific needs and requirements of the elderly person based on their health condition, financial status, and standard of living
Determining the Maintenance Amount The process for determining the quantum of maintenance is as follows:
- The parent/senior citizen files an application before the Maintenance Tribunal constituted under Section 7 in their jurisdiction.
- The Tribunal gives notice, hears both parties, examines their circumstances and determines a monthly maintenance amount payable.
- State governments can prescribe the maximum limit, which currently cannot exceed Rs.10,000 per month under Section 9(2).
- While deciding, the Tribunal considers factors like the earnings of children/relatives, value of transferable property, mental/physical health and needs of the elderly.
Interim Maintenance During the pendency of final maintenance proceedings, the Tribunal can direct children/relatives to pay a monthly interim allowance from time to time under Section 5(2). This ensures some relief until the final disposal.
Speedy Disposal The Act emphasises time-bound disposal of maintenance claims. Section 5(4) states that such cases must be decided within 90 days of serving notice, extendable by maximum 30 days in exceptional circumstances.
Enforcement of Orders Maintenance orders have the same force as orders passed by criminal courts. Non-payment by children/relatives can lead to:
- Recovery proceedings to levy the due amount
- Imprisonment up to 1 month for willful non-compliance (Section 5(8))
- Interest on the final maintenance amount allowed (Section 14)
Appeals against the Tribunal’s orders can be filed before the Appellate Tribunal constituted at the district level under Section 15.
Offences and Procedure of Trials under The Maintenance And Welfare Of Parents And Senior Citizens Act
Offence of Abandonment Under Section 24 of the Act, abandoning a senior citizen with the intention of leaving them unattended is considered an offence. Specifically:
- If any person who has the care or protection of a senior citizen leaves them in any place with the intent to wholly abandon them.
- This offence is punishable with imprisonment up to 3 months, or fine up to Rs. 5,000, or both.
This penal provision aims to prevent the unethical and inhumane act of children or relatives abandoning elderly parents/seniors by making it a criminal offence.
Cognizance and Trial Section 25 deals with the procedure for cognizance and trial of offences under the Act:
- All offences are considered cognizable and bailable. That means police can arrest defendants without a warrant.
- The offences are tried summarily by a Magistrate through a relatively quicker form of trial compared to regular criminal cases.
This expedited process ensures that cases related to abandonment or other offences against senior citizens are taken up and decided promptly by the courts.
Other Key Aspects
- All government-appointed officers and staff under the Act are considered public servants under Section 26. Hence, obstructing their duties attracts penalties.
- Section 27 bars the jurisdiction of civil courts on matters to which the Act’s provisions apply. No civil injunctions can be issued contradicting the Act.
- Section 28 provides protection to government authorities against legal proceedings for actions done in good faith while implementing the Act.
The offence and trial provisions give teeth to the Act’s welfare objectives for the elderly. While maintenance is enforced mainly through tribunals, the penal provisions act as a deterrent against criminal neglect, cruelty or abandonment of senior citizens by their families.
The government and law enforcement agencies are empowered to take strict action in serious cases of violations under a special mechanism rather than regular courts.
Establishment of Old Age Homes under The Maintenance And Welfare Of Parents And Senior Citizens Act
One of the key provisions of this Act is to ensure proper residential facilities and care for destitute and indigent senior citizens who may not have a family support system. To achieve this, the Act mandates state governments to establish and maintain old age homes across the country.
Setting up of Old Age Homes Under Section 19 of the Act, state governments are required to set up and manage old age homes at accessible locations, in a phased manner. The specific provisions are:
- At least one old age home must be established in each district to begin with.
- These homes must have the capacity to accommodate a minimum of 150 indigent seniors.
- The term “indigent” refers to any senior citizen not having sufficient means as prescribed to maintain themselves financially.
Management and Services The Act empowers state governments to prescribe comprehensive schemes for the management and administration of these old age homes, including:
- Setting standards and norms for various services to be provided at the homes
- Ensuring provision of necessary medical care facilities at the homes
- Making arrangements for entertainment, recreational and leisure activities for the residents
- Determining staffing norms, infrastructure requirements, operating procedures etc.
The underlying objective is to create a conducive and supportive environment at these old age homes for the inhabitants’ physical, mental and social well-being.
Who is Eligible?
While any senior citizen can opt to take up residence at these homes, the Act specifically mandates giving accommodation to those identified as “indigent” or without adequate means of support.
By requiring dedicated old age homes in every district, staffed with medical and other caregiving personnel, the Act ensures that no senior citizen is left uncared for or destitute due to lack of family resources or support.
Provisions for Medical Care of Senior Citizens under The Maintenance And Welfare Of Parents And Senior Citizens Act
Recognizing that senior citizens often require special medical attention and care, the Act has dedicated provisions to ensure proper healthcare facilities are available to them.
Facilities at Government Hospitals Section 20 of the Act mandates that all government hospitals, as well as hospitals funded fully or partially by the government, must provide the following facilities for senior citizens:
- Dedicated beds/wards for elderly patients as far as possible to ensure prompt admission and treatment.
- Separate queues and compartments to allow senior citizens to avoid standing in long queues.
- Expansion of specialised geriatric care units and facilities for treatment of age-related chronic, terminal, and degenerative diseases.
- Increased focus on research activities related to health issues affecting the elderly population.
- Dedicated geriatric wings/wards headed by a medical officer with experience in geriatric care in every district hospital.
The idea is to create a healthcare environment sensitive to the unique requirements of old age patients and their vulnerabilities.
State Governments’ Responsibilities To ensure effective implementation, the Act casts certain responsibilities on the state governments:
- Making sufficient budgetary provisions to upgrade facilities, infrastructure, and workforce training at government hospitals for geriatric care.
- Issuing necessary guidelines, protocols, and standard operating procedures for hospitals regarding geriatric services.
- Undertaking awareness campaigns to inform and educate seniors about the availability of these dedicated medical facilities.
- Periodic monitoring, inspections, and audits to assess the quality and adequacy of geriatric services being provided.
- Addressing gaps in facilities, workforce shortages, training needs etc. through policy interventions.
The underlying objective is to progressively enhance and universalize access to quality and affordable geriatric healthcare for all senior citizens, especially from economically weaker sections.
Private Hospital Integration While the Act focuses on public health infrastructure, the government can also explore partnerships with private hospitals and nursing homes to augment specialised geriatric services and care facilities for the elderly.
Protection Of Life And Property Of Senior Citizen under The Maintenance And Welfare Of Parents And Senior Citizens Act
The Act acknowledges the significance of protecting the life and property of senior citizens, who may be more susceptible to abandonment, neglect, or exploitation. It emphasises the state’s responsibility to take proactive measures to ensure their safety and security.
Measures for Awareness and Sensitization One of the key provisions of the Act is the promotion of awareness and sensitization about the rights and welfare of senior citizens. The state government is required to take the following steps:
- Widespread publicity: The Act mandates the use of public media, including television, radio, and print, to regularly disseminate information about the provisions of the Act and the rights of senior citizens.
- Training and sensitization: Government officials, including police officers and members of the judicial service, must undergo periodic training and awareness programs to better understand and address issues related to the welfare of senior citizens.
- Effective coordination: The Act calls for effective coordination between various government ministries and departments dealing with law, home affairs, health, and welfare to holistically address the concerns of senior citizens and conduct periodic reviews.
Protecting Property Rights The Act also addresses the protection of the property rights of senior citizens. In cases where a senior citizen transfers their property to someone on the condition that the transferee will provide basic amenities and physical needs, but the transferee fails to do so, the Tribunal has the power to declare the transfer void due to fraud, coercion, or undue influence.
Additionally, if a senior citizen has the right to receive maintenance from an estate, and that estate is transferred, the right to receive maintenance can be enforced against the transferee, provided the transferee had notice of the right or the transfer was made without consideration.
Empowering Authorities and Action Plans The Act empowers state governments to confer specific powers and duties on District Magistrates to ensure the proper implementation of the Act’s provisions. The state government is also required to prescribe a comprehensive action plan for providing protection to the life and property of senior citizens.
Conclusion
In conclusion, The Maintenance and Welfare of Parents and Senior Citizens Act is a progressive law aimed at ensuring the well-being and dignity of our elderly population. It establishes legal obligations for children and relatives to provide financial support, mandates the establishment of old-age homes and dedicated medical facilities, and includes measures to protect the life and property of senior citizens. While implementation challenges may exist, this Act represents a significant step towards creating a more supportive and secure environment for our ageing parents and senior citizens, upholding their rights and acknowledging their invaluable contributions to society.
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References
The Maintenance and Welfare of Parents and Senior Citizens Act 2007