01. Planning the case
In India, senior citizens are generally persons who have attained the age of 60 years or above. Their welfare and protection are addressed through constitutional provisions, legislation, government schemes, and judicial remedies. The act aims to ensure security, dignity, healthcare, protection from neglect and a decent quality of life in old age.
The principal legislation is the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It seeks to ensure the maintenance, welfare, health, safety and dignity of senior citizens. The Act makes it a legal obligation for children or, in appropriate cases, relatives to provide maintenance to eligible senior citizens who are unable to maintain themselves.
Key protections available under the Act:
Right to maintenance: Eligible parents and senior citizens can seek maintenance from their children or specified relatives.
Maintenance Tribunals: The Act provides designated tribunals for senior citizens to claim maintenance.
Protection of property: Certain transfers of property made subject to the condition that the transferee will provide basic amenities and physical needs can be declared void where the transferee fails to fulfil that obligation.
Protection against abandonment: The Act contains provisions dealing with the abandonment of senior citizens.
Old-age homes and welfare facilities: Governments are required to take measures for appropriate welfare facilities, including old-age homes and medical support.
Constitutional protection: Article 41 of the Constitution reflects the State's responsibility to make effective provision for public assistance in cases including old age, subject to its economic capacity and development. Legislative Department of the Ministry of Law and Justice.
Maintenance Claims
Assistance to eligible senior citizens seeking maintenance from children or specified relatives.
Property Protection
Legal assistance concerning property transfers and cases where agreed obligations to provide basic care and amenities are not fulfilled.
Protection from Neglect
Guidance and representation in matters involving abandonment, neglect and other concerns affecting the welfare of senior citizens.
Advocate Abhishek Paruthi
Advocate Delhi High Court
