Constitutional and Legal provisions including

Maintenance and Welfare of Parents and Senior

Citizens Act, 2007ABHISHEK KUMARB.E., MBA, M.PHIL.

SECRETARYJAN SEVA EVAM SHIKSHAN SANSTHA

Why a Law for taking care of our parents and elders is required?We, in India, used to start our day by bowing at

the feet of our parents and elders in our traditional system.

Our elders were normally taken care of by one and all in the joint family scenario.

Why a Law for taking care of our parents and elders is required?With the withering away of the joint family

system and emergence of the nuclear families we seldom find time or mind to devote for our parents and elders. The result is that a large number of parents are not only deprived of the care and love from their children, but also exposed to emotional neglect and lack of physical and financial support.

Why a Law for taking care of our parents and elders is required?With the weakening of both health and financial

resources, the parents even if living within the family, are perceived as a burden. The old parents especially the widowed women are forced to spend their twilight years alone. There is a direct and immediate necessity to provide adequate social security to these elders by their children and others.

Why a Law for taking care of our parents and elders is required?The moral obligation of the children towards

their parents in their old age has to be backed by a legal obligation.

Constitutional Provision

In the Constitution of India, Article 15 (3) provides for making any special provision for women and children which will not be hit by the fundamental right of equality.

Article 39 contained in part IV containing Directive Principles of State Policy relates to securing citizens, men and women the right to an adequate means of living.

Constitutional Provision

Article 41 contained in part IV obliges the State to make effective provision within the limits of its economic capacity and development for securing protection, interalia, in the old age.

Constitutional Provision

The Parliament as well as the State Legislatures are competent to make laws for providing social security and social insurance, employment and unemployment (entry 23 of List III – Concurrent List in the VIIth Schedule to the Constitution)

Legal Provision

In order to prevent our parents and elders especially at the dusk of their lives and other family members including wife, child (legitimate or illegitimate) from resorting to vagrancy and wandering for their daily needs, section 125 CrPC was enacted, which ensures the social security and justice.

Legal Provision

It provides for grant of monthly allowance for the maintenance of wife, children, parents etc., in case they are unable to maintain themselves.

It also provides for interim order.

Legal Provision

Personal laws in the Hindu adoption and maintenance act 1956, Hindu Marriage Act, 1955 and Muslim personal law also provide for maintenance in case of need.

Legal Provision

The procedure under section 125 Cr PC is time consuming and cumbersome in addition to being expensive. Taking a clue and inspired by the “Himachal Pradesh Maintenance of Parents and Dependents Act, 2001, the Parliament enacted the 2007 act for making the claim for maintenance simpler speedier and less expensive.

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 Parents Senior citizen Welfare Maintenance of Parents and Senior Citizens Obligation of the children or relative

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 Jurisdiction and procedure Summary procedure in case of enquiry Enforcement of order of maintenance Option regarding maintenance Deposit of maintenance amount Award of interest where any claim is

allowed Constitution of Appellate Tribunal

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 Right to legal representation Establishment of Old age homes Transfer of property to be void in certain

circumstances Exposure and abandonment of senior

citizens Cognizance of offences Jurisdiction of Civil Courts barred

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has been divided into seven chapters:

Chapter I containing sections 1, 2 & 3 deals with preliminary items like Short Title and Definitions etc..

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 Chapter II containing sections 4 to 18 deals with rights of parents and sr. Citizens and the procedure for claiming them through a maintenance Tribunal including provision for constitution of Appellate Tribunal.

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 Chapter III contains only one section 19, providing for establishment, maintenance and management of old age homes.

Chapter IV contains the section which provides for ensuring medical support to the Sr. Citizens.

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007Chapter V containing sections 21 to 23 provides for publicity, awareness, etc for welfare of Sr. Citizens and also conferring certain powers and on a District Magistrate for properly carrying out the provisions of the Act. This chapter also provides for declaring the transfer of property void in case of failure to provide basic amenities and physical needs to the transferor.

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 A registered voluntary organization has also been empowered to take action in case senior citizen in incapable of enforcing the right under this section

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 Chapter VI contains sections 24 and 25. Section 24 provides for creation of

punishable offence if the senior citizen has been left with the intention of wholly abandoning him.

Section 25 makes the offence under the Act as cognizable and bailable.

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 Chapter VII is miscellaneous and contains section 26 to 32.

Section 26 provides that every officer appointed to exercise the function under the act shall be deemed to be a public servant within the meaning of section 21 of I.P.C.

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 Section 27 provides that the jurisdiction of the Civil Court is barred.

Section 28 provides for protection to the Central Government, State Government or the local authority or any officer of the Government for action taken in good faith.

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 Section 29 empowers the State Government to issue orders in case of difficulty in giving effect to the provisions of the act. Such orders may be made only within a period of two years from the date of commencement of the Act.

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 Section 30 empowers the Central Government to give directions to the State Government for implementing the proposed legislation of the Act.

Section 31 empowers the Central Government for periodic review and monitoring the progress of the implementation of the Act by the State Governments.

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 Section 32 empowers the State Governments to make rules for carrying out the purposes of the Act in general and for the scheme for management of old age homes, powers and duties of the authorities under the Act and a comprehensive plan for providing protection of life and property of senior citizens.

The Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 The provisions in the Act do not make any distinction between persons belonging to different religions or casts.

The right provided in the Act is personal and of Civil in nature.

The Act is full and comprehensive.

Thank You