Rights of The Elderly Person in India

Rights of elderly people in
India
Introduction :
In India, the older generation is not aware of their rights due

to the high prevalence of illiteracy and lack of awareness. On
the other hand, due to comparatively high physical as well as
psychological vulnerability, their cries for help remain within
four walls. That's why only a few cases a violation of the
human rights of the elderly come out. An ever-increasing
number of distress calls from older people clearly indicate the
disturbing condition of human rights of older people in India
The rights of older persons can
be divided into three main categories:
1. protection,
2. participation
3. image.
Protection refers to securing the physical,

psychological, and emotional safety of older
persons with regard to their unique vulnerability to
abuse ill-treatment.
Participation refers to the need to establish a greater and
more active role for older persons in society.
Image refers to the need to define a more positive, less

degrading and discriminatory idea of who older persons are
and what they are capable of doing.
Definition as per Art. 25 of Universal
Declaration of Human Rights
Everyone has the right to a standard of living

adequate for the health and well-being of
himself and of his family, including food,
clothing, housing, and medical care and
necessary social services, and the right to
security in the event of unemployment, sickness,
disability, widowhood, old age, or other lack of
livelihood in circumstance beyond it's control
Older people face particular difficulties in
the following key areas:
● Physical & Mental Health
● Community Care;
● Social Care
● Housing
● Transport
● Employment
● Income
● Education And Leisure
● Safety & Security
● Utilities & Consumer Protection
● Access to information and
● Decision-Making
● Human Rights of Older People
Human Rights of Older People
● Right to life shall be protected by law.
● Right not to be subjected to inhuman treatment “No-one shall be subjected

to torture or to inhuman or degrading treatment or punishment”.
● Right to liberty “Everyone has the right to liberty and personal security.
● Right to a fair hearing “In the determination of his civil rights and
obligations... everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal established by law”
“Civil rights and obligations”
• The right to respect at home, within family and in private life.
• The right to freedom of thought and conscience.
• The right not to be discriminated against age
• The right to property - everyone is entitled to the peaceful

enjoyment of his possessions
• The right to education

Problems of the Aged
● Economic problems - Economic problems include such

problems as loss of employment, income deficiency and
economic insecurity.
● Physical and physiological problems - physical and physiological

problems include health and medical problems, nutritional
deficiency, and the problem of housing etc.
● Psycho-social problems - Psycho-social problems include

problems related with their psychological and social
maladjustment as well as the the problem of elder abuse etc.
Protection of rights of elderly
● Constitution of India
Art. 41: 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.
Under Personal Laws:
The moral duty to maintain parents is recognized by all people. However,
so far as law is concerned, the position and extent of such liability varies
from community to community.
Hindu’s Law:
Amongst the Hindus, the obligation of sons to maintain their aged parents,
who were not able to maintain themselves out of their own earning and
property, was recognized even in early texts. And this obligation was not
dependent upon, or in any way qualified, by a reference to the possession
of family property. It was a personal legal obligation enforceable by the
sovereign or the state. The statutory provision for maintenance of parents
under Hindu personal law is contained in Sec 20 of the Hindu Adoption
and Maintenance Act,1956
This Act is the first personal law statute in India, which imposes an
obligation on the children to maintain their parents. As is evident from
the wording of the section, the obligation to maintain parents is not
confined to sons only, and daughters also have an equal duty towards
parents. It is important to note that only those parents who are
financially unable to maintain themselves from any source, are entitled
to seek maintenance under this Act.
Muslim Law:
Children have a duty to maintain their aged parents even under Muslim
law.
According to Mulla :
(a) Children in easy circumstances are bound to maintain their poor
parents, although the latter may be able to earn something for
themselves.
(b) A son though in strained circumstances is bound to maintain his mother, if
the mother is poor, though she may not be infirm.
(c) A son, who though poor, is earning something, is bound to support his father
who earns nothing.
According to Tyabji, parents and grandparents in indigent circumstances are
entitled, under Hanafi law, to maintenance from their children and grandchildren
who gave the means, even if they are able to earn their livelihood. Both sons
and daughters have a duty to maintain their
parents under the Muslim law. The obligation, however, is dependent on their
having the means to do so.
Christian & Parsi Law:
The Christians and Parsis have no personal laws providing for maintenance for
the parents. Parents who wish to seek maintenance have to apply under
provisions of Criminal Procedure Code .
Under the code of Criminal Procedure :
Prior to 1973, there was no provision for maintenance of parents under the
code. The Law Commission, however, was not in favorof making such
provision. According to its report:
The Cr. P. C is not the proper place for such a provision. There will be
considerably difficulty in the amount of maintenance awarded to parents
apportioning amongst the children in a summary proceeding of this type.
It is desirable to leave this matter for adjudication by civil courts.
The provision, however, was introduced for the first time in Sec. 125 of the
Code of Criminal Procedure in 1973. It is also essential that the parent
establishes that the other party has sufficient means and has neglected or
refused to maintain his, i.e., the parent, who is unable to maintain himself. It is
important to note that Cr. P. C 1973, is a secular law and governs persons
belonging to all religions and communities. Daughters, including married
daughters, also have a duty to maintain their parents.
Governmental protections :
i. The Government of India approved the National Policy for Older
Persons on January 13, 1999 in order to accelerate welfare measures
and empowering the elderly in ways beneficial for them. This policy
included the following major steps :
a. Setting up of a pension fund for ensuring security for those persons
who have been serving in the unorganized sector,
b. Construction of old age homes and daycare centers for every 3-4
districts,
c. Establishment of resource centers and re-employment bureaus for
people above 60 years,
d. Concessional rail/airfares for travel within and between cities, i.e.,50%
discount on train and Indian Airlines.
e. Enacting legislation for ensuring compulsory geriatric care in all the
public hospitals
ii. The Ministry of Social Justice and Empowerment has set up of a National
Council for Older Persons in the process to make life easier for older persons.
iii. Attempts to sensitize school children to live and work with the elderly. Setting
up of a round the clock help line and discouraging social ostracism of the older
persons are being taken up.
iv. The government policy encourages a prompt settlement of pension

provident fund (PF), gratuity, etc. in order to save the superannuated
persons from any hardships. It also encourages to make the taxation policies
elder sensitive.
v. The policy also accords high priority to their health care needs.
vi. According to Sec.88-B, 88-D and 88-DDB of Income Tax Act there are
discounts in tax for the elderly persons.
vii. Life Insurance Corporation of India (LIC) has also been providing
several scheme for the benefit of aged persons, i.e., Jeevan Dhara
Yojana, Jeevan Akshay Yojana, Senior Citizen Unit Yojana, Medical
Insurance Yojana.
viii. „Annapurana Yojana‟ for the benefit of aged persons was launched.
Under this yojana unattended aged persons are being given 10 kg foods
for every month.
ix. It is proposed to allot 10 percent of the houses constructed under
government schemes for the urban and rural lower income segments to
the older persons on easy loan. The policy mentions.
x. The layout of the housing colonies will respond to the needs and life
styles of the elderly so that there is no physical barriers to their mobility;
they are allotted ground floor; and their social interaction with
older society members exists despite all these attempts, there is need to
adjust to the changing circumstances in life and try to live harmoniously
with the younger generation as for as possible.
The Maintenance and Welfare of Parents and Senior
Citizens Act,2007
Objects of the Act :

This Act provides in-expensive and speedy procedure to
claim monthly maintenance for parents and senior citizens.
This Act casts obligations on children to maintain their
parents/grandparents and also the relative of the senior
citizen to maintain such senior citizens. The main attraction of
this Act is there are provisions to protect the life and property
of such persons. This Act also provides setting up of old age
homes for providing maintenance to the indigent senior
citizens and parents.
Definition :
● Children- Include son, daughter, grandson, granddaughter but does not
include a minor
● Maintenance includes provision for food, clothing, residence, medical
attendance and treatment
● Parent- means father or mother whether biological, adoptive or step
father or step mother, whether or not father or mother is a senior citizen
● Senior citizen- means an Indian who attained the age of 60 years or
above
● Relative- means any legal heir of childless senior citizen who is not a
minor and is in possession of or would inherit his property after his
death
● Welfare- means provision for food ,healthcare, recreation centers and
other amenities necessary for senior citizens
Protection of life and property of
Senior citizen
If a senior citizen after the commencement of this Act, has transferred his
property either moveable or immovable, by way of gift or otherwise, subject
to the condition that the transferee shall provide him basic amenities
and physical needs and thereafter such transferee reuses or fails to provide
such promise, such transfer of property shall be deemed to have been made
by fraud, coercion or undue influence and the Tribunal can declare such
transfer as void. Before the enactment of this law, a senior citizen's only
remedy in such a case was to approach the court for maintenance from the
children to whom he had given the property by way of gift or otherwise and
such property would be the exclusive property of the transferee and
the senior citizen had no right in such property. But after the enactment of
this Act, a senior citizen can reclaim his property from the transferee the
concerned police personnel will also ensure priority in dealing with these
types of cases.
Abandoning a senior citizen in any place by a person who is having the
care or protection of such senior citizen is a criminal offence and
such person shall be punishable with imprisonment for a term which may
extend to three months or fine which may extend to five thousand rupees
or both.
This Act also provides that state governments may establish old age
homes at least one in one district to accommodate indigent senior citizens.
State governments may also ensure proper medical care for senior
citizens.
Conclusion :
Level of awareness about human rights of older people in
Indian society, particularly among older persons is
very low. Being a developing country, despite the fast
increasing elderly population, there is no special focus on the
rights of the elderly. Therefore protection of the human rights
of older people is still not a major issue for most Indians. So
let us all tell our elderly people regarding the rights which the
constitution has given to them .
Thank you

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Rights of elderly people in

In India, the older generation is not aware of their rights due

Protection refers to securing the physical,

Image refers to the need to define a more positive, less

Everyone has the right to a standard of living

● Right to life shall be protected by law.

● Right not to be subjected to inhuman treatment “No-one shall be subjected

• The right to respect at home, within family and in private life.

• The right to freedom of thought and conscience.

• The right not to be discriminated against age

• The right to property - everyone is entitled to the peaceful

• The right to education

● Economic problems - Economic problems include such

● Physical and physiological problems - physical and physiological

● Psycho-social problems - Psycho-social problems include

Christian & Parsi Law:

iv. The government policy encourages a prompt settlement of pension

Objects of the Act :

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