The Maintenance and Welfare of Parents and Senior Citizens Act, 2007- Helping the conditions of the elderly in India

Abstract

Aging in India is exponentially increasing due to the impressive gains that society has made in terms of increased life expectancy. About 8.6% of the total population in India is in this age group, with 8.2% males and 9% females. With increasing age, an aged person becomes dependent and faces a lot of problems. There is a feeling of neglect and sadness and that the people have an indifferent attitude toward them. Furthermore, the prevalence of mistreatment with the elderly is on the rise. Such a situation has resulted because of degenerating traditional values and weakened family system. The Maintenance and Welfare of Parents and Senior Citizens Act came into existence in the year 2007 to provide maintenance support to elderly parents and senior citizens. Parents according to the Act mean biological, adoptive, and stepparents, and the age of parents is irrelevant to claim maintenance. Adult children and adult grandchildren are legally obligated to pay maintenance; the amount is determined by the needs of the claimant so that the elderly person can lead a normal life. If children intentionally abandon the senior citizen completely, he/she is liable to pay a fine of Rs. 5000 or face imprisonment for 3 months or both. The legislative approach has its limitation, but it has the potential to arouse the social and ethical debates in the country to alleviate the dependent status of older persons.