Senior citizens are the treasure for our society. They serve as a bridge between the past, present, and future. India’s demographics are changing as a result of increased life expectancy and declining birth rates, which are driving the country’s population to age rapidly. According to the 2011 Census[1], the percentage of people who are 60 years of age or older who make up the population was 8.6%.
In traditional Indian society, elders have always held a pivotal role within the family institution, serving as custodians of culture, wisdom, and moral values. Their guidance in resolving disputes and shaping younger generations has historically fortified the familial structure. The joint family system not only ensured that elders were well cared for but also preserved intergenerational bonds. In countries like India, where family ties are deeply ingrained, elders symbolized the continuity of traditions and played a crucial role in decision-making processes, fostering social cohesion.
However, as urbanization, economic mobility, and the nuclear family model have grown, the landscape has changed. Elderly members frequently experience loneliness and instability as younger members relocate for work or education, leaving them alone and reliant. This change emphasizes the necessity of a strong legal system to safeguard senior citizens’ rights and dignity. In addition to being crucial from a welfare standpoint, addressing these issues is also necessary to preserve the deeply held principles of care and respect that characterize Indian family customs. Stressing their significance guarantees that, despite changing social standards, the vital role that elders play in promoting social stability is acknowledged.
To address these stemming issues, government has passed numerous laws, established social programs, and set legal precedents over time to defend senior citizens’ rights to healthcare, financial security, and a decent life.
The Constitution of India guarantees several rights that can be interpreted to protect the welfare of senior citizens, even though specific provisions addressing elderly care are rare. However, several articles under the Directive Principles of State Policy and the fundamental rights section offer indirect protection[2]:
Article 21 protects life and personal liberty of an individual. But the judicial expansion of the scope of Article 21 paved the way to include the right to enjoyment of pollution free and healthy environment, the right to health and medical care , emergency medical aid, the right to livelihood, and social security,[3] and the right to live with human dignity and reputation of a person is his valuable asset.[4] The rights that have been assimilated into Article 21 are from the Directive Principles of State Policy. For instance, the rights to housing and shelter[5] cast a duty upon the state to provide house sites to the poor houseless.
Article 41: This article, under the Directive Principles of State Policy, directs the State to make effective provisions for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement.
Article 46: The State shall promote with special care the educational and economic interests of the weaker sections of the people[1], and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation[2].
Though it is not enforceable in the court of law and the state cannot be compelled by the courts to carry out any directive[3] but as per the mandate of Article 38 the state while making any policy shall take into consideration the directives enshrined in Part IV. Therefore, Directives though have to be implemented by the State, they could do so only subject to limitations imposed by the different provisions of the Constitution with respect of legislative and executive power.[4]
Numerous laws such as pension plans and various provisions of maintenance, are designed to assist the elderly and are a component of the social security measures that have been enacted.
Following are some of the legislations passed by the government which directly or indirectly protect and promote the human rights and fundamental freedom of the aged persons:
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which provides a statutory protection for the Maintenance and Welfare of Parents and Senior Citizens, as guaranteed and recognized under the Constitution, has been implemented with effect from 29.09.2008.
For speedy disposal of petitions received under this Act[5], a Tribunal presided over by the Revenue Divisional Officer has been constituted in each sub-division, to obtain maintenance amount from children/legal heirs by the senior citizens and parents. The District Social Welfare Officers are acting as the Maintenance Officers as well as Conciliation Officers. An Appellate Tribunal chaired by the District Collector has been constituted in each district to hear appeals against the orders of the Tribunal.
Section 4 – Right to Maintenance[6]: This section makes it mandatory for children or legal heirs to maintain their parents or senior citizens, ensuring that they have access to basic necessities like food, clothing, and shelter. If children fail to fulfil this duty, the aggrieved parent or senior citizen can file an application for maintenance.
Section 5 – Application for Maintenance[7]: This section empowers parents and senior citizens to file an application before the Maintenance Tribunal for the grant of maintenance. The tribunal is mandated to resolve the dispute within 90 days from the date of filing.
Section 19 – Old Age Homes[8]: The Act directs state governments to establish at least one old age home in each district, providing free or subsidized care for senior citizens who are unable to support themselves.
Section 23 – Property Transfer and Reclaim[9]: Under this provision, if a senior citizen has transferred property (movable or immovable) to a child or legal heir based on the condition that they
will be maintained, and if that obligation is not fulfilled, the senior citizen can reclaim the property. This provision acts as a safeguard against fraudulent transfers made under coercion or deceit.
In case of Promil Tomar and Ors. v. State of Haryana and Ors.[1] the High court upheld the decision of the tribunal in declaring the transfer of possession of the property under section 23(1) as void on the ground that his son and daughter-in-law have assaulted and maltreated them and have also failed to provide the basic amenities and needs to the respondent.
In the case of Rajeshwar v. State of Punjab[2], the Punjab and Haryana High Court emphasized that the Maintenance Tribunal’s primary purpose is to provide immediate relief to elderly citizens. The court held that elderly parents are entitled to financial and physical care, regardless of their children’s financial condition, and the tribunal must act expeditiously to protect the dignity of senior citizens.
Section 125 of Code of Criminal Procedure is a generic provision for claiming maintenance irrespective of religion, caste or age. If a person refuses to maintain or neglects his or her parents, then the first-class Magistrate can pass an order directing the payment of monthly maintenance allowance. If the person fails to comply with or breaches the order of the Magistrate, then the Magistrate may pass an imprisonment order of one month or till the payment of the maintenance amount, whichever is earlier.[3]
In the case of Dhanwanti Joshi v. Madhav Unde[4], the Hon’ble Supreme Court held that parents, including senior citizens, are entitled to claim maintenance under both Section 125 of CrPC and the 2007 Act. The court asserted that children have a moral and legal duty to maintain their parents and that neglect of such a duty could lead to legal consequences.
Both State and Union pensions are covered by the Pensions Act of 1871. The term “pension” refers to a regular payment made by the government to a retiree in recognition of their merit or service. A pensioner is entitled to their pension in full.[5] He or she has the authority to direct the relevant authorities to convert all or a portion of his pension into a lump sum payment.
Especially in the context of the COVID-19[6] pandemic impact on older persons, the Supreme Court of India in the case of Ashwani Kumar v. Union of India[7] (2020) directed the Government that all old age people who are eligible for pension should be regularly paid pension and those identified older people should be provided necessary medicines, masks, sanitisers and other essential goods. Further, as and when any individual request is made, the same shall be attended to by the Administration with all promptness.
Under Hindu personal law, children have a statutory obligation to maintain their elderly parents. The Hindu Adoption and Maintenance Act, 1956, enshrines this responsibility, making it a legal duty for both sons and daughters.
Section 20: This section mandates that children, including sons and daughters, are legally bound to provide maintenance to their elderly parents if the parents are unable to maintain themselves. It reflects the traditional value of filial duty in Indian society, codified into law to ensure that parents are cared for[1].
In the case of Dr. Vijaya Manohar Arbat v. Kashirao Rajaram Sawai[2], the Hon’ble Supreme Court expanded the interpretation of maintenance under Section 125 of CrPC to include daughters, stating that daughters are equally responsible as sons in maintaining their parents under both the CrPC and the Hindu Adoption and Maintenance Act.
5. Employee’s Provident Fund and Miscellaneous Provisions Act, 1952 (EPFMPA)
Under the Employee’s Provident Fund Scheme, the government has established an additional form of social security for workers who have dedicated the majority of their lives to the industry, without allocating the pension and gratuity arrangements. This Act has been a step toward providing welfare provisions for an industrial worker’s post-retirement future or, in the event of an early death, for the benefit of his or her dependents.
The provident Fund is an effective old age and survivorship benefit. However, the Provident Fund’s accumulation is insufficient to provide the employee’s family with sufficient and long-term security in the event of an early death so a family Pension Scheme has been established to promote long term financial stability.
This act classifies senior citizens into two categories; senior citizens (60 years and above) and Very senior citizens(80 years and above).
Senior citizen or super senior citizen is entitled to higher tax exemption limits against normal citizen. The basic income tax exemption limit for Senior Citizen is Rs. 300000/- and for Very Senior Citizen is Rs. 500000/-.
According to Section 16, senior citizen who is in receipt of pension income from his former employer can claim a deduction up to Rs. 50,000 against such income.[3]
In contrast to the Rs. 25,000 deduction permitted for other individuals, the maximum deduction under Section 80D for payments made for health insurance premiums for senior citizens is Rs. 50,000.
The amount of deduction available in respect of expenses incurred for medical treatment of specified disease or ailments in respect of a senior citizen under Section 80DDB is Rs. 1 lakh (which is just Rs. 40,000 for a general taxpayer)
A senior citizen is eligible to receive a deduction of up to Rs. 50,000 under Section 80TTB for interest income received on savings bank accounts, bank deposits, post office deposits, and cooperative bank deposits.
There are various policies, programmes and schemes implemented by the Government of India with specific reference to senior citizens in India. Some of the significant ones are –
In the United States, senior citizens are entitled to Medicare and Medicaid, which provide comprehensive healthcare services. These federal programs cover a wide range of medical needs, including hospitalization, outpatient services, prescription drugs, and long-term care. Medicare is available to all individuals over 65.
India’s Ayushman Bharat Scheme provides healthcare coverage, but it is limited to economically weaker sections and does not provide universal coverage for all senior citizens. India lacks a nationwide, dedicated healthcare program specifically for its elderly population.[5]
Countries like the United States and Canada have specific, well-defined laws against elder abuse that go beyond financial and physical abuse to include emotional and psychological abuse. In these countries, elder abuse is treated as a criminal offense, and preventive measures like hotlines, mandatory reporting by healthcare professionals, and elder protective services are in place to protect vulnerable seniors from abuse.
While India’s Maintenance and Welfare of Parents and Senior Citizens Act, 2007 addresses some aspects of elder abuse, it does not provide comprehensive protection against emotional or psychological abuse, nor does it mandate professional reporting. India lacks a robust, nationwide reporting and intervention mechanism.
Germany and Australia offer legal frameworks that allow for legal guardianship and decision- making support for elderly individuals who are no longer capable of making informed decisions about their healthcare, finances, or legal matters. In these countries, guardians or fiduciaries are appointed to make decisions in the best interest of the elderly person, ensuring their rights and well-being are safeguarded even if they are incapacitated.
India does not have a robust guardianship framework for elderly individuals. While guardianship laws exist for minors and disabled persons, there is no dedicated law that addresses decision-making incapacity in senior citizens due to age-related issues like dementia or Alzheimer’s disease.
Japan and Sweden have introduced comprehensive Active Aging Programs, which promote the social inclusion of elderly citizens. These programs are designed to keep senior citizens engaged in society through continued work opportunities, volunteer programs, and community participation. In Japan, elderly citizens can participate in various community activities and are encouraged to stay active through government-sponsored initiatives.
India has very few programs aimed at keeping senior citizens actively engaged in society. While there are old-age homes, there is no structured social inclusion policy that encourages active participation in social, economic, or cultural activities. Most elderly individuals in India face social isolation, especially in urban areas.[6]
The protection of senior citizens is a growing concern globally, and India has taken important steps to safeguard its elderly population through various legal, constitutional, and welfare mechanisms. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 remains a cornerstone in ensuring financial and emotional security for elderly citizens, while other provisions under the Criminal Procedure Code (CrPC), and personal laws supplement this with legal recourse against abuse, neglect, and exploitation.
Despite these efforts, the reality remains stark: many elderly individuals continue to face abandonment, abuse, and financial insecurity. Issues like a lack of awareness, delayed justice, underfunded old-age homes, and inefficient enforcement mechanisms weaken the protective framework intended for senior citizens.
Thus the Indian legal system must evolve to address these emerging challenges more effectively. While India has created a solid foundation for the protection of the elderly, there is still a significant gap between the laws on paper and their implementation in practice. Courts have played a crucial role in interpreting the laws to safeguard senior citizens’ rights, but access to legal remedies is often slow and costly, leaving many elderly individuals without real-time protection.
To improve the status of senior citizens, India can look at best practices from other countries. Many nations offer more comprehensive legal frameworks and social services that could serve as a model for further reform in India.
[1] Census of India 2011- Provisional Population Totals; 2011; https://censusindia.gov.in/nada/index.php/catalog/42611/download/46274/Census%20of%20India%202011-Provisional%20Population%20Totals.pdf (Last visited on- 03/12/2024)
Theekshna Amin; Laws Protecting Rights and Interests of Senior Citizens in India; https://www.altacit.com/family-law/laws-protecting-rights-and-interests-of-senior-citizens-in-india/ (Last visited on-04/12/2024)
Delhi Transport Corporation v. DTC Mazdoor Congress, AIR 1991 SC 101
Sukhwant Singh v. state of Punjab, (2009)7SCC559
Gouri Shankarv. Union of India, AIR 1995 SC 55
The Constitution of India; Ministry of Law and Justice Legislative Department; As on 9th December 2020; Article 46
Citizen Rights Protection Council; What are Senior Citizen Rights; https://www.crpc.in/senior-citizen-rights.php (Last visited on-04/12/2024)
In Re Kerala-Education Bill, 1957, AIR 1958 SC 956.
The State of Madras v. Champakam, AIR 1951 SC 226.
Government of Tamil Nadu; Social Welfare and Women Empowerment Department; https://www.tnsocialwelfare.tn.gov.in/en/social-legislations/the-maintenance-and-welfare-of-parents-and-senior-citizens-act (Last visited on- 03/12/2024)
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Act 56 of 2007; Section 4
Ibid; Section 5
Ibid; Section 19
Ibid; Section 23
Promil Tomar and Ors. v. State of Haryana and Ors ; (2014)175(1)PLR94
Rajeshwar v. State of Punjab, 2013; 2013 SCC OnLine P&H 7409
The Criminal Procedure Code 1973; Act 2 of 1973;Section 125(3)
Dhanwanti Joshi v. Madhav Unde 1998; (1998) 1 SCC 112
Dr. Shashank Shekhar; Research Paper- Institute of Research Advances; Existing Legal Protection Available to Senior Citizens: An Indian Context; file:///Users/arshsandhu/Downloads/249-454-1-PB.pdf (Last visited on- 04/12/2024)
Legal and Policy Framework relating to older persons; https://social.un.org/ageing-working-group/documents/twelfth/INPUTS%20MEMBER%20STATES/India_Inputs_Legal_Policy_Framework_OP.pdf (Last visited on- 04/12/2024
Dr Ashwini Kumar vs Union Of India Ministry Of Home Affairs on 5 September, 2019; AIRONLINE 2019 SC 1002
Hindu Adoptions and Maintenance Act, 1956 (No.78 of 1956), Section 20(3)
Dr. Vijaya Manohar Arbat v. Kashirao Rajaram Sawai 1987; (1987) 2 SCC 278
Directorate of Income Tax, Income Tax Department (CBDT); Benefits for Senior Citizens and Very Senior Citizens Under the Income Tax Act, 1961; https://incometaxindia.gov.in/booklets%20%20pamphlets/benefits-for-senior-citizens-very-senior-citizens_english.pdf (Last visited on-04/12/2024)
Ministry of Social Justice and Empowerment; Government of India; National Policy on Older People; https://socialjustice.gov.in/writereaddata/UploadFile/National%20Policy%20for%20Older%20Persons%20Year%201999.pdf (Last visited on- 10/12/2024)
Publication Unit, “Rights of Senior Citizens,” II National Human Rights Commission, India, https://nhrc.nic.in/sites/default/files/9%20Right%20of%20Senior%20Citizens_compressed.pdf , 32. (Last visited on-05/12/2024)
Citizen Right Protection Council, What are Senior Citizen Rights, https://www.crpc.in/senior- citizen-rights.php (last visited- 06/12/12/24)
Arshnoor Singh Sandhu
Fifth year law student
Army Institute of Law, Mohali
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