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Senior Citizens Maintenance act skb m
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Senior Citizens Maintenance act skb m

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In India since the early 60's joint family systems are dwindling and more and more nucleus families are being created. With this the old system of the aged parents living with their Chilterns is also ...

In India since the early 60's joint family systems are dwindling and more and more nucleus families are being created. With this the old system of the aged parents living with their Chilterns is also dying. The result the parents are not looked after. The Govt. of India enacted a law in 2007 to be fallowed with state level inaction of the law for the maintenance of parents by the children.

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    Senior Citizens Maintenance act skb m Senior Citizens Maintenance act skb m Presentation Transcript

    • Page 1 MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 Capt. S.K.BHANDARI & THE ASFIC TEAM
    • Page 2  Ancient Philosophy speaks of Ashramas.  Jara (old age) one of the four reasons of Buddha’s penance  Vedanta argues to attain Moksha through Ashrama specific Purushartha.  Moksha – freedom from miseries of life-cycle including those of old age.  Joint family ensured the process of life long care giving Ageing – In Indian Tradition
    • Page 3  Urbanization, migration, better education  Changing world : changing family roles - need for readjustment. Rising elderly population  Women elderly outnumber male  Rising Dependency Ratio Strains on joint family system and traditional care giving mechanism New Challenges
    • Page 4 Population 60+ 20 million in 1950 5.4% 57 million in 1991 6.8% 70.6 million in 2001 6.9% Ageing: Demographic Profile 20 million 57 million 70.6 million 0 20 40 60 80 1950 1991 2001 Population Ageing: A Demographic Profile
    • Page 5  Population projections (2006-2026) 83.5 million in 2006 7.5% 94.8 million by2011 8.3% 118 million by 2016 9.3% 143.7 million in 2021 10.7% 173.1 million in 2026 12.4% 20 57 70.6 143.7 173.1 0 50 100 150 200 million 2006 2011 2016 2021 2026 Population 60+ Ageing: Demographic Profile
    • Page 6  Life Expectancy: Female : Male 2006-2010 68.1 : 65 2011-2016 72.3 : 69.2  Rural & Urban Status: Rural Elderly 74.97% Urban Elderly 25.02% Ageing: Demographic Profile - Contd..
    • Page 7 Ageing India (Highlights)  India has the second largest number of elderly persons- 81 million  80% live in rural areas; 73% are illiterate, and can only be engaged in physical labor.  55% of women over 60 are widows, many of them with no support whatsoever.  90% of older persons are from the unorganized sector, with no social security at the age of 60.
    • Page 8 Ageing India (Demographic profile) • life expectancy is now closer to 65 years. • expectation of life at age 60 for females has increased at a faster rate as compared to that for males. • feminization of the elderly population • increase in the number of the older old (80 years +) • 30% of the elderly are below the poverty line.
    • Page 9 ISSUES & CHALLENGES Emotional turmoil Financial crisis Increase in morbidity Social isolation & alienation Lack of health care Widowhood Growing frailty & dependency
    • Page 10  Article 41 of the Constitution provides – The State shall, within the limits make effective provision for securing the right to work, to education and to public assistance in case of unemployment, old age...  Hindu Adoption and Maintenance Act, 1956 Maintenance of aged and infirm parents obligatory  Muslim Personal Law Provides for care and support of parents  Criminal Procedure Code (Cr.P.C.)1973 Also ensures maintenance of parents by children Statutory Provisions
    • Page 11 “The legislation hopes to instill a sense of security in the elderly population and responsibility for the younger generation, and changing the mindset of people to create a caring India.” SMT. MEIRA KUMAR
    • Page 12 The Act provides for : • effective mechanism for parents and senior citizens to claim need-based maintenance from their children/grand children , relatives; • Maintenance claim for the benefit of those senior citizens, who do not have children, grand children or relatives. • proper mechanism for protection and care of senior citizens Purpose of the Act
    • Page 13 Two Major Aspects Parents (No Age Bar) & Senior Citizens Senior Citizens, 60+Yrs Welfare Central/State Government Maintenance Children/Relatives Maintenance and Welfare of Parents and Senior Citizens Act, 2007
    • Page 14 Maintenance of Parents and Senior Citizens (Chapter II) Establishment of Old Age Homes (Chapter III) Provisions For Medical Care Of Senior Citizens (Chapter IV) Protection of life and Property of Senior Citizens (Chapter V) Offences and Procedure For Trial (Chapter VI) Role of State Governments (Miscellaneous) Chapter VII) Salient Features
    • Page 15 • Application for maintenance (Sec-5(1)) • Provision for interim maintenance allowance (Sec-5(2) • Amount of Maintenance to be determined on inquiry (Sec- 5(3) • Monthly allowance for maintenance shall be disposed within 90 days (Sec-5(4)) • Fine and/or imprisonment up to one month if monthly maintenance is not paid (Sec-5 (8)) • The Tribunal may refer the case to Conciliation Officer before hearing an application (Sec-6(6) Maintenance of Parents and Senior Citizens (Chapter II)
    • Page 16  Constitution of Maintenance Tribunal (Sec-7)  Summary Procedure in Case of Inquiry (Sec-8)  The Tribunal shall have all the powers of Civil Court for taking evidence, the attendance of witness  It shall be deemed as a Civil Court for all purposes of Section 195 and Chapter XXVI of Code of Criminal Procedures 1973  The Tribunal may choose special knowledgeable person to assist in adjudicating and deciding upon any claim for maintenance Maintenance of Parents and Senior Citizens (Chapter II) Contd..
    • Page 17  Maintenance Officer o The State Government may designate District Social Welfare Officer as Maintenance Officer to represent the parent during proceedings of Tribunal/Appellate Tribunal (Sec-18(1)) o He may also function as a Conciliation Officer to settle the case amicably (Sec- 6(6))  Non Representation by Lawyers (Sec-17) Maintenance of Parents and Senior Citizens (Chapter II) Contd..
    • Page 18 Maintenance Tribunal (Sec-7(1)) Presided over by Officer not below the rank of Sub- Divisional Officer of State, (Sec-7(2)) Presided over by an Officer not below the rank of District Magistrate, (Sec-15(2)) Senior citizens may appeal within 60 days from the date of order Sec-16(1) Order of the AT shall be final Sec-16(5); Time period is one month, Sec-16(6) Summary procedure in case of inquiry, (Sec-8(1)) Order for maintenance, Sec-9(1), shall not exceed Rs. 10,000/month, Sec-9(2) Tribunals Appellate Tribunal (Sec-15(1)) Maintenance of Parents and Senior Citizens (Chapter II) Contd..
    • Page 19 • The State Government may Establish • at least one old age Home in each District for indigent senior citizens, Sec-19(1); • Prescribe a Scheme for Maintenance of old age Homes Sec- 19(2) • Minimum standards of services, Sec-19(2) Establishment of Old Age Homes (Chapter-III)
    • Page 20 The State Government shall ensure, (Sec-20)  Beds for all Senior Citizens in Government and Aided hospitals  Separate queues  Facility for treatment of chronic elderly diseases and Research in this respect to be expanded  Earmarked facilities in every District Hospital for Geriatric patients headed by a Medical Officer Provision for Medical Care of Senior Citizens (Chapter-IV)
    • Page 21 • The State Government shall prescribe a comprehensive Action Plan for protection of life and property. (Sec- 22(2)) • The State Government shall take all measures to ensure,  Wide publicity, awareness at regular intervals. (Sec-21(i))  Periodic sensitization and awareness training on the issues related to the Act. (Sec-21(ii))  Coordination between the services provided by the concerned Departments dealing with Law, Home Affairs, Health and Welfare etc. (Sec-21(iii)) Protection of Life and Property of Senior Citizens (Chapter-V)
    • Page 22 • Transfer of property to be void in certain circumstances, (Sec-23(1)) • Punishment for abandoning a senior citizen, (Sec- 24)  Imprisonment upto 3months  Fine upto Rs. 5000  or with both Offences and Procedure for Trial (Chapter-VI)
    • Page 23 • The State Government shall notify the date of enforcement of the Act in the State • The State Government shall make rules for carrying out the proposes of the Act. • They shall constitute Maintenance Tribunals within six months from the date of enforcement of the Act and Appellate Tribunals. • To designate the presiding officers of the Maintenance/Appellate Tribunals and the Maintenance Officer. • To establish old age homes & to prescribe a scheme for management of old age homes, including the standards and services to provided. Role of the State Government
    • Page 24 • To provide medical support to senior citizens as envisaged in Chapter IV of the Act • To prescribe a comprehensive action plan for providing protection of life and property of senior citizens. • To remove any difficulties in implementation of the Act through a notification in the Official Gazette. Role of the State Government Contd…
    • Page 25 Rules framed by the State Government may provide for (Sec-32) a) holding enquiry b) power and procedure of the Tribunal c) maximum maintenance allowance d) scheme for management of Old Age Homes e) powers and duties of Authority f) comprehensive Action Plan for providing protection of life and property of senior citizens Role of the State Government Contd.
    • Page 26  To give wide publicity about the provisions of the Act  To assist the older persons/parents in making an application for maintenance (Sec-5(1)(b))  To Act as conciliation officer (6(6))  To assist Tribunals in holding an enquiry (8(3))  Represent a senior citizen for declaration of transfer of property void (Sec- 23 (3)) Role of NGOs
    • Page 27 • The Central Government may  direct State Government on execution of the provisions of the Act, (Sec-30)  make periodic review and monitor the provisions (Sec-31) Role of Central Government
    • Page 28 REFLECTIONS • Is The Act Really Instilling A Sense Of Security In The Elderly? • Can We Coerce Anyone With Fear Of Punishment To Look After parents? • Is The Seemingly Affectionate Behavior Of The Relatives And Caretakers A Result Of Care Or Scare?
    • Page 29 :IMPORTANT QUESTION: IS THE MAINTENANCE ACT THE ANSWER TO THIS SOCIAL EVIL?
    • Page 30 • There is no denying that the elderly are being marginalized, ignored, and abused. • Some steps need to be taken to deal with the situation. • Long-term strengthening of social values and family ties is what needs to be the focus of our work.
    • Page 31 THANK YOU