The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is an Indian legislation that makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents. The Act provides a simple, speedy and inexpensive mechanism for parents and senior citizens to claim monthly maintenance from their children or relatives. It defines parents, senior citizens, children and relatives. It outlines who can make a maintenance claim, how claims are made to the tribunal and decided, the types of maintenance included, and penalties for neglecting responsibilities to maintain parents or senior citizens.

1. Yash Shrivastava

2. THE CONSTITUTION OF
INDIA
Yash Shrivastava

3. MAINTENANCE AND
WELFARE OF PARENTS
AND SENIOR CITIZENS
ACT, 2007
Yash Shrivastava

4. INTRODUCTION AND MEANING
Maintenance and Welfare of Parents and Senior Citizens
Act, 2007 is a legislation enacted in 2007. This Act make it a
legal obligation for children and heirs to provide
maintenance to senior citizens and parents, by monthly
allowance. This Act also provides simple, speedy and
inexpensive mechanism for the protection of life and
property of the older persons.
Indian society lay high importance on providing care and
protection for parents and elderly. Withering of joint family
system has contributed to the challenges faced by elderly.
Nowadays they are forced to live alone and are exposed to
various kinds of problems such as lack of physical, social,
emotional and financial support. To overcome such
difficulties and to face new challenges, the Government of
India has enacted this law in the fifty- eighth year of republic
so as to provide maintenance and protection to parents and
senior citizens.
Yash Shrivastava

5. OBJECTIVE 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. This Act
extends to the whole of India except Jammu and Kashmir state.
WHO IS CALLED A SENIOR CITIZENS ?
• According to the law, a "senior citizen" means any person being a citizen of India,
who has attained the age of sixty years or above .
• According to Population Census 2011 there are nearly 104 million elderly persons
(aged 60 years or above) in India; 53 million females and 51 million males. A report
released by the United Nations Population Fund and HelpAge India suggests that the
number of elderly persons is expected to grow to 173 million by 2026.
• As regards rural and urban areas, 71% of elderly population resides in rural areas
while 29 % is in urban areas.
Yash Shrivastava

6. DEFINITION
Children- Include son, daughter, grandson, grand daughter 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 centres and other
amenities necessary for senior citizens
Yash Shrivastava

7. WHO CAN DEMAND
Parents and grandparents unable to maintain themselves
from their own income.
In case of “Childless Senior Citizen", senior citizens can
demand from the relatives. Relatives mean those who are
either in possession of property of the senior citizen or
would inherit it.
WHAT IS MAINTENANCE?
Maintenance includes provisions for food, clothing,
residence and medical treatment.
Maximum amount which may be ordered for
maintenance of a senior citizen by the tribunal shall be
such as prescribed by the state government which shall
not exceed Rs.10,000/- per month.
Yash Shrivastava

8. HOW IS APPLICATION FOR MAINTENANCE MADE
OR DECIDED?
•Application can be made by the senior citizen or parent to the tribunal
under Section 4, giving details of person from whom maintenance is
demanded.
• Maintenance proceedings may be initiated against the specified
child/relative in any district where such senior citizen lives or last lived.
• If any person is incapable to make an application, then any other
person or registered voluntary organization authorized by him/her can
make the application.
• The tribunal then issues the notice to the children, conduct hearings
and order maintenance.
• In case there is a failure in making the payment of the ordered
maintenance without sufficient reason for 3 months after its due date,
the senior citizen can approach the tribunal again.
• On such delay, fine or order of imprisonment of the children /relative
up to a month can be made or until payment is made.
Yash Shrivastava

9. CONSTITUTIONAL PROVISIONS
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.
Art. 46 : Promotion of educational and economic interests of SC,ST
and other weaker sections : The State shall promote with special care
the educational and economic interests of the weaker sections of the
peoples and shall protect them from social injustice and all forms of
exploitation.
LEGAL PROTECTIONS
Hindus Laws:
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. The statutory provision
for maintenance of parents under Hindu personal law is contained in
Sec 20 of the Hindu Adoption and Maintenance Act, 1956.
Yash Shrivastava

10. Muslim Law:
Children have a duty to maintain their aged parents even under the
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.
Christian And 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 the Criminal Procedure Code.
CONDITIONAL TRANSFER OF PROPERTY:
Under Section 23, if after commencement of the Act, any parent or
senior citizen feels neglected or is denied the basic needs and
amenities as promised by the children/relative, then the transferred
property can be cancelled and they can seek return of their property
transferred.
Yash Shrivastava

11. PUNISHMENT
Under Section 24, if anybody who is
responsible for the care of the senior
citizen leaves him/her in any place with
the intention of wholly abandoning such
person, is punishable with imprisonment
of either 3 months or fine up to Rs.5000
or both.
Yash Shrivastava

12. CASES
The first case under the act was filed in November 2011 by Siluvai (age 84)
and his wife Arulammal (age 80) of Tuticorin (Thoothukudi) against their son
and daughter-in-law for neglect, besides taking away their two homes and
gold jewellery.
Sunny Paul vs. State of Delhi
The court stated that ,Directions to remove the children from the property are
necessary in certain cases like the present to ensure a normal life of the senior
citizen.
Reju v. The Maintenance Tribunal
Kerala High Court Upholding the order of the Maintenance Tribunal
directing the children to provide “welfare measures” to a senior citizen who
was the live in partner of their mother.
Yash Shrivastava

13. THANK
YOU
Yash Shrivastava