Rights of Senior Citizens in India: A Socio–legal Study

    Rights of senior citizen

    For preventing their rights and a better future, the government released some important acts and laws but most of the time the senior citizen does not have the knowledge about those laws and acts.

    Some are the rules as follows:

    Maintenance and Welfare of Parents and Senior Citizen Act 2007

    Some rights given by this act are:

      • Protection: No one can assault them or any kind of violence against them. If anyone did this then the senior citizen can file a complaint against them to the district collector. In under 30 days, they have to give the solution to them and give the relief to them as well.
      • Maintenance: If any senior citizen lived alone or with his or her spouse and they are unable to maintain their self then they can claim the money for their maintenance from their child or relatives(property heir). If they don’t provide the maintenance to them then the court can claim the fine (around ₹5000 or 3 months imprisonment).
      • Legal obligation for children to provide the allowance to senior citizens and parents.

    This Act was amended by the Parliament in 2019

    Bills Amend the definition of maintenance and welfare to include safety and wellbeing.

    • Parents to include grandparents and parents-in-law.
    • Children to include stepchildren, adoptive children, children in law, and legal guardians.
    • Property-related rights: If any senior citizen owns any property, that property will consider their property only till their last breath. And if they want to give their property to any one either their children or any other then, this is their discretion. If their children remove them from their property(home) then senior citizens can file the complaint to their nearest police station or tribunals. Within 90 days they’ll get the benefit.
    • The senior citizen has the right that if after transferring the property the children do not maintain them then they can take their property back.
    • Right to free legal aid to senior citizen(under article 39A of COI): if they are unable to maintain themself or their income is less than 2lac then government provide them free legal aid by making the affidavit.
    • The government provide the national helpline number which is 1291 and for women, for domestic violence, the helpline number is 181
    • Government from time to time release pension scheme for them.

    Constitutional provisions:

    Under article 14 of the Indian constitution, which talks about Equality before the law, the state shall not deny to any person equality before the law or the equal protection of the laws. This article gives the right to the senior citizen that they are equal before the law.

    Article 21 of the Indian constitution, talks about the Protection of life and personal liberty. This article is for all, for all ages, gender, etc so they have the right to live with dignity.

    In order to protect the interest of the most valuable assets of the country i.e. elderly people, our Constitutional framers have inserted certain provisions on this subject under Part IV of the Constitution. i.e. Directive Principles of State Policy.

    So, after some age, everyone required some attention without any problem. Overall the responsibility is for the children but nowadays everyone is busy in their life. And the main factor is the recent technology and everyone is fond to use it.

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    Also. Read – https://indianlawinfo.in/tripura-hc-asked-the-state-government-to-pay-remuneration-at-the-rate-of-the-salary-of-a-high-court-judge/


    (MARCH – APRIL 2022)


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