MAINTENANCE & WELFARE OF PARENTS &
SENIOR CITIZENS ACT, 2007.
(Adopted as Act-56 of 2007)
And finally the Government had to force with a law to enforce children’s obligation to aging parents. How it is going to help the aged, only God knows. Normally parents are reluctant to use the law to sue their own children. If they decide to use, then the attitude of today’s children will be to pay the fine and go free. No law can bring peace and happiness by force to the aged. Therefore the only remedy for the care of the aged is the old age home funded by Government under the control of a dedicated well known NGO.
Salient Features:
· Place Legal obligation of adult Children & grand children to look after parents/grand parents.
· Provide better medical facilities to senior citizens.
· Instutionalise a suitable mechanism for the protection of life & property of older persons.
· Set up Old Age Homes in every district.
ACT AT A GLANCE
Care of Elderly – Application for Maintenance:
· Old age has become a major social challenge and there is need to give more attention to care and protection for older persons.
· A parent who is unable to maintain himself or herself based on his/her own earnings or property shall have the right to apply for maintenance.
· In cases where more than one relative will inherit the property of a parent, each relative will be responsible to pay the maintenance fee in proportion to the property they will inherit.
Maintenance Tribunals:
· Tribunal to be set up in every sub-division to settle the maintenance claim.
· Civil SDO to head the tribunal.
· Maintenance claim to be settled within 90 days & claim to be deposited within 30 days of the order.
· State governments shall specify the maximum monthly maintenance allowance. The Act caps the maximum monthly allowance at Rs.10,000 p.m.
· Appeal rests with another civilian officer i.e. District Magistrate.
· No cumbersome legal procedure involved.
· Lawyers are not allowed in the proceedings.
Medical Care:
1. Government hospitals or Government funded hospitals shall provide beds for senior citizens.
2. Facilities for the treatment of chronic/terminal/degenerative illnesses to be provided.
3. Earmarked facility for older persons in every district hospital under the care of specialized medical officers.
4. Research in respect of chronic elderly illnesses and ageing to be encouraged.
Establishment of Old Age Homes.
1. The State Government may establish and maintain at least one old age home per district with minimum capacity of 150 senior citizens who are indigent.
Offenses & Penalties:
· The tribunal can declare a transfer of property (as gift or otherwise) from a senior citizen to a transferee as void if the transfer was made under the condition of maintenance and the transferee neglects the agreement.
SENIOR CITIZENS ACT, 2007.
(Adopted as Act-56 of 2007)
And finally the Government had to force with a law to enforce children’s obligation to aging parents. How it is going to help the aged, only God knows. Normally parents are reluctant to use the law to sue their own children. If they decide to use, then the attitude of today’s children will be to pay the fine and go free. No law can bring peace and happiness by force to the aged. Therefore the only remedy for the care of the aged is the old age home funded by Government under the control of a dedicated well known NGO.
Salient Features:
· Place Legal obligation of adult Children & grand children to look after parents/grand parents.
· Provide better medical facilities to senior citizens.
· Instutionalise a suitable mechanism for the protection of life & property of older persons.
· Set up Old Age Homes in every district.
ACT AT A GLANCE
Care of Elderly – Application for Maintenance:
· Old age has become a major social challenge and there is need to give more attention to care and protection for older persons.
· A parent who is unable to maintain himself or herself based on his/her own earnings or property shall have the right to apply for maintenance.
· In cases where more than one relative will inherit the property of a parent, each relative will be responsible to pay the maintenance fee in proportion to the property they will inherit.
Maintenance Tribunals:
· Tribunal to be set up in every sub-division to settle the maintenance claim.
· Civil SDO to head the tribunal.
· Maintenance claim to be settled within 90 days & claim to be deposited within 30 days of the order.
· State governments shall specify the maximum monthly maintenance allowance. The Act caps the maximum monthly allowance at Rs.10,000 p.m.
· Appeal rests with another civilian officer i.e. District Magistrate.
· No cumbersome legal procedure involved.
· Lawyers are not allowed in the proceedings.
Medical Care:
1. Government hospitals or Government funded hospitals shall provide beds for senior citizens.
2. Facilities for the treatment of chronic/terminal/degenerative illnesses to be provided.
3. Earmarked facility for older persons in every district hospital under the care of specialized medical officers.
4. Research in respect of chronic elderly illnesses and ageing to be encouraged.
Establishment of Old Age Homes.
1. The State Government may establish and maintain at least one old age home per district with minimum capacity of 150 senior citizens who are indigent.
Offenses & Penalties:
· The tribunal can declare a transfer of property (as gift or otherwise) from a senior citizen to a transferee as void if the transfer was made under the condition of maintenance and the transferee neglects the agreement.
· Punishment for abandoning a senior citizen shall include an imprisonment up to three months or fine up to Rs.5,000 or both.
· A registered voluntary organization may take action on behalf of the parent if he or she is unable to enforce these rights.
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