The mandate of the Constitution is to ensure equality, freedom, justice and dignity of all individuals including older persons (or senior citizens).
Article 41 of Part IV (Directive Principles of State Policy) is particularly relevant with regard to older persons. It states that the state shall, within the limits of its 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.
Legal Rights:
The Maintenance and Welfare of Parents and Senior Citizens Act (2007) was enacted to ensure need based maintenance for parents and senior citizens and their welfare. The Act provides for
- Maintenance of parents and senior citizens by children/relatives, which is made obligatory and justiciable through Tribunals
- Revocation of transfer of property by senior citizens in case of negligence by relatives
- Penal provision for abandonment of senior citizens
- Establishment of old age homes for indigent senior citizens
- Adequate medical facilities for senior citizens
- Protection of life and property of senior citizens
The states/UTs which have notified the Act are required to take the following measures/steps for
effective implementation of the Act:
- Frame Rules under the Act
- Appoint Maintenance Officer
- Constitute Maintenance Tribunal
- Constitute Appellate Tribunal
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