Senior Citizens Maintenance act skb m

MAINTENANCE AND WELFARE OF PARENTS AND
SENIOR CITIZENS ACT, 2007
Capt. S.K.BHANDARI
&
THE ASFIC TEAM

 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

 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

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

 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

 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..

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.

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.

ISSUES & CHALLENGES
Emotional turmoil
Financial
crisis
Increase in
morbidity
Social
isolation &
alienation
Lack of health
care
Widowhood
Growing
frailty &
dependency

 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

“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

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

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

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

• 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)

 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..

 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..

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..

• 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)

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)

• 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)

• 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)

• 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

• 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.
Contd…

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
Contd.

 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

• 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

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?

IMPORTANT QUESTION:
IS THE MAINTENANCE ACT
THE ANSWER TO THIS
SOCIAL EVIL?

• 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.

Senior Citizens Maintenance act skb m

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