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A duty that cannot be abdicated

Compared to many other countries, India has a youthful demographic profile. But the number of senior citizens is increasing quickly and set to grow even more rapidly. In 2001, there were 76 million people above the age of 60, a figure expected to climb to almost 200 million in 2030. Providing financial support and care required for older citizens is a challenge at a time when the family structure has become nuclear, when living spaces have shrunk, and when employment-relat ed migration is on the rise. The Maintenance of the Welfare of Parents and other Senior Citizens Bill, 2007 — which was passed by both Houses of Parliament last week — is a response to calls for more effective measures to take care of the elderly. Under the Parents Act, which draws considerably on a similar legislation passed by the Himachal Pradesh government in 2001, the maintenance of those over 60 by their adult children, grandchildren and legal heirs is a matter of right for parents. Parents may approach a tribunal in order to claim need-based maintenance. As further protection, parents and senior citizens may reclaim property gifted to children or relatives if the latter fail to provide the former with “basic facilities and basic physical needs”; the penalty for “abandoning” a parent in someone’s care is punishable with imprisonment of up to three months, a fine of Rs.5,000 or both.

Under existing law, parents can claim maintenance only under the time consuming and expensive procedure laid down by Section 125 of the Code of Criminal Procedure. The new Act promises to make claims of maintenance speedier (cases will be disposed in a maximum of 90 days) and less cumbersome (conciliation officers will try to settle the case before taking it to the tribunal). The Act also significantly widens the process for claiming maintenance as it allows a parent’s representatives and NGOs to file applications on his or her behalf; it also permits tribunals to take cognisance of cases suo motu. Although such provisions will give the elderly a greater feeling of security, there are serious limitations to any approach that fixes the onus of parental maintenance on children. It is imperative that the state — as mandated by Article 41 of the Constitution — makes effective provisions for “securing public assistance” in the case of “old age.” While a small section of the Parents Act relates to the establishment of old age homes, the legislation falls far short of a comprehensive welfare plan for senior citizens. What people who fall in this category really require is a tight social security net in order to live with the grace and dignity they deserve.

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