Rights of Senior Citizens

Introduction:

 Ageing is a natural process which inevitably occurs in human life. A lot of challenges comes up in the life of the elderly due to the physical and mental changes. Due to the physical transformation ageing leads to a weakening in the body and mind. A person loses working ability. The senior citizens of our country constitute a vast majority of human resource which has a lifetime of knowledge, experience and insights. If they are given an opportunity, they can contribute greatly to the socio-economic development of the nation.

The most basic rule for the young is to look out for the elderly and for which we must be held responsible. It is the duty of the family of the person and the state to look after him in his/her old age. In view of the disintegrating of the joint family framework that once guaranteed care for many senior citizens and the rising number of instances of abuse, neglect and abandonment of the senior citizens, Government of India announced The National Policy on Older Persons in the year 1999 but a large number of the population in our country is not aware of these laws due to the lack of awareness and low literacy rate in the country. These laws include elder law and maintenance and welfare of the parent and senior citizens act. These laws cover Pensions, travel concessions, income tax relief, medical benefit and extra interest on savings etc.[1]

Problems Faced by Senior Citizens

Some of the problems faced by the senior citizens are:

1. Economics problems faced by them due to the loss of employment, income deficiency and financial instability. Many households in rural India are not able to save up for their old age
2. Healthcare and medical issues.
3. Psychosocial issues.
4. Generation gap created due to rapid advancement in technology.

International Efforts

The issue of ageing was first discussed in 1948 in United Nation General Assembly and in 1982 in Vienna, The General Assembly decided the basic guidelines for the rights of senior citizens which incorporate 18 principles in 5 parts[2]:

• Independence – Senior citizens should have access to enough food, water, shelter, clothing through the arrangement of pay, family and community back and self-help. They should have an employment opportunity for the generation of income.

• Dignity – They should be able to live with dignity, free from abuse and exploitation.
• Care – They should have access to the medical centre for maintaining physical and mental health.
• Participation – Senior citizens should be connected to society and it’s functioning.
• Self-fulfilment –   They should be able to pursue their passion to their hearts content and have access to educations, cultural, spiritual and recreational resources of society.

National Efforts

Provisions in the Constitution

There are provisions made in the constitution of India to protect the rights of those who are aged above 60 years. Under part IV of the constitution which is Directive Principles of State Policy and since they are part of the Directive Principles, they cannot be enforced by a court of law as states article 37 but they act as the basis upon which any legislation is drafted.[3]

Article 41 of the Constitution: Right to work, to education and to public assistance in certain cases: The State shall, within the limits of economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Article 46 of the constitution: Promotion of educational and economic interests of ……. and other weaker sections: The State shall promote with special care the educational and economic interests of the weaker sections of the people…..and shall protect them from social injustice and all forms of exploitation.

Legislation

There are certain provisions maintained for the legal right to claim maintenance under personal laws, Code of Criminal Procedure and Maintenance and Welfare of Parents and Senior Citizens Act, 2007. There are also provisions made for the benefit of senior citizens for allowing concessions to be made under the Income Tax Act.[4]

Personal Laws

• Hindu Adoption and Maintenance Act, 1956

Under section 20 of the Hindu Adoption and Maintenance Act, 1956 parents are entitled to ask for maintenance from their children if they are not able to support themselves. This right is applicable to both real and adoptive parents but it is not applicable to step-parents claiming their maintenance from stepchildren if they are having their own children.

• Muslim Personal laws

In Muslim personal laws also both son and daughter have the obligation to maintain their parents if they are poor and unable to maintain themselves. Since there is no law for adoption in Muslim community, therefore there is no provision on the maintenance of adoptive parents in Muslim personal laws.

• Christian and Parsi Law

There is no specific provision for the maintenance of parents in Christian and Parsi law. For claiming of maintenance Christian and Parsi parents need to do it through the Code of Criminal Procedure.

• Code of Criminal Procedure

Before 1973 there was no specific provision in Cr. P.C. For maintaining the rights of Senior citizens. The commission has also stated in its report that it is not the appropriate place for such provision for the maintenance of parents under this code. The Law Commission was not in the favour of making such provisions as it was of the opinion that such matters should be adjudicated by the Civil court. [5]

The provision was introduced in Section 125 of Cr. P. C. For the first time in 1973.  It is difficult to decide the maintenance in respect of children in a proceeding like this. The parents that are unable to maintain themselves have to show that the children have sufficient means and have neglected or refused to maintain them. Cr. P. C. is a secular law and it is applicable to everyone irrespective of their religion. 

Government Protection

• National Policy for Older Persons Was approved on January 13, 1999. It includes 

• Making up pension funds for those people who were working in the unorganised sector. 

• There should be an old age home and daycare centre’s in every 3-4 districts.

• 50% discount on Indian airlines and 30% discount in railways for travel between cities. 

• Compulsory geriatric care in all the public hospitals

• Agewell Foundation which is the National Council for Older Person has been set up which seeks the opinion of the aged people on how to make their life easier.

• Children are being sensitised in school to live and work with the elderly and discouraging the ostracism of the elderly are being attempted.

• Policies have been made for their health care need

• Annapurana Yojana was launched by the former Prime Minister to help the unaided aged people in which every month 10 Kg of is being provided.

Benefits Under Income Tax Act

• Under Section 88B, 88D and 88DDB of Income Tax Act income up to 3 Lakhs and 5 Lakh for senior citizens and super senior citizens respectively is tax-free and 10% tax is levied on income above that. They are also entitled to a high interest rate on tax saving plans.

• In case of no business income then only self-assessment tax is to be paid by the senior citizens.

• Under Section 80D of Income Tax Act, 1961 deduction is allowed on payment of medical insurance premium is Rs. 20000.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

The act aims to protect the life and property of the senior citizens and makes it an obligation of the heir or the offspring to give a monthly allowance to his/her parents as maintenance. It applies to all the citizens who are above the age of 60 years. Some of the provisions of the act are as followed:

• Senior citizens can claim maintenance from their children and those who don’t have children can claim maintenance from their relative who possesses or may inherit his property.
• A tribunal is to be constituted by the State government for the hearing of the maintenance cases.
• The state shall decide the maintenance awarded which should not exceed Rs. 10000.
• As per the order of the Tribunal, there is provision for imprisonment if a person defaults in the payment of maintenance.
• The act provides for the establishment for old age homes and Daycare centres with a capacity to hold 150 persons in each district.
• The act also prescribes punishment of imprisonment for the abandonment of senior citizens by a person who is liable for their care and senior citizens can also cancel his property transfer through a will or gift deed by applying to the tribunal.

Conclusion

Many provisions have been made in India but still, it is being criticised by many for the lax and vague provisions.[7] The state government requires a comprehensive plan for the protection of the life and property of senior citizens. The maintenance and welfare of parents and senior citizens act, 2007 suggest registration of senior citizens in the nearest police station but it will only benefit the people from rich and educated families as the people from uneducated families or from the villages may not be able to register. The amount of pension is also not uniform across the country. Even in the provision of the mandatory nature, the government uses the word may instead of shall. There is a need for simple, inexpensive and speedy provisions to claim maintenance. The issue of the elderly should be dealt with utmost care. The special provision of protection of the aged person should be transferred from the Directive Principle to fundamental rights.

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References:

[1] Gangopadhyay, J. (2019, December 21). Senior Citizens Bill will fail to provide India’s elderly the ‘life of dignity’ it claims to. Retrieved August 1, 2020, from Scroll.in website: https://scroll.in/article/946898/senior-citizens-bill-will-fail-to-provide-indias-elderly-the-life-of-dignity-it-claims-to

[2] : Rights of Senior Citizens in India – Dignity Foundation. (n.d.). Retrieved August 2, 2020, from www.dignityfoundation.com website: https://www.dignityfoundation.com/Rights-Of-Senior-Citizen.aspx

[3] Post, G. (2016, January 13). What Are The Rights Of Senior Citizens? Retrieved August 3, 2020, from iPleaders website: https://blog.ipleaders.in/rights-senior-citizens/

[4] digital, mirror now. (2018, June 15). Laws protecting rights and interests of senior citizens in India; All you need to know. Retrieved August 2, 2020, from www.timesnownews.com website: https://www.timesnownews.com/mirror-now/society/article/laws-protecting-rights-interests-senior-citizens-elderly-aged-india/241097

[5] Kumar Singh, D. R. (n.d.). Rights of Senior Citizen – The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007. Retrieved August 3, 2020, from www.legalserviceindia.com website: http://www.legalserviceindia.com/article/l170-Rights-Of-Senior-Citizen.html

[6] Annexure X635996104030434742. (2007). Retrieved from http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

[7] Deshmukh, D. (n.d.). Laws for Senior citizens in India. Retrieved August 2, 2020, from www.legalservicesindia.com website: http://www.legalservicesindia.com/article/2054/Laws-for-Senior-citizens-in-India.html