The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019: An Analysis

Profile of the Author: Jahanvi Bhandari is a 3rd year Law Student pursuing B.B.A LLB from MMU, Mullana. The fields of social issues, environmental issues and constitutional topics hold her keen interest.

Introduction

The Bill was introduced to provide relief and welfare to the senior citizens and parents who have been deserted by their children or grandchildren, and are a victim of abuse. The Bill was introduced in the winter session of Lok Sabha by the Union Minister Thawar Chand Gahlot [1] and now is being referred to a Standard Committee. The Bill amends and expands the provisions of the 2007 act which protects all senior citizens and parents, including those who are neglected or are unable to support themselves. [2]

Need for the Senior Citizens (Amendment) Bill, 2019

• The rising population of the silver generation.
• India may soon lose its demographic dividend which will further add to Senior Citizen count.
• Rampant old age homes need proper regulation to avoid irregularities.
• Impact of westernization.
• To accomplish the provisions given in Article 41 [3].

Provisions of the Bill

• Legal obligation for children to provide allowance to senior citizens and parents.
• Parents to include grandparents and Parents-in-law.
• Children to include stepchildren, adoptive children, children-in-law and legal guardian.
• Relative to include minors represented by legal guardians
• Amends the definition of maintenance and welfare to include safety and well-being.

Important Definitions

• Maintenance means provision for food, clothing, residence and medical attendance and treatment of the elderly.
• The definition of children currently refers to only biological children and grandchildren. It will further include daughter-in-law and son-in-law, and also adopted and/or stepchildren. It also includes a minor through his/her legal guardian. The Bill defines “abuse” as physical, verbal, emotional and economic abuse, neglect and abandonment, causing assault, injury, physical and mental suffering. [4]
• The definition of welfare means the provision for food, housing, clothing, safety and security, healthcare, recreation and other amenities necessary for the wellbeing of parents and senior citizens.
• The definition of parents includes biological, adoptive, step-parents and parents-in-law and also both maternal and paternal grandparents.

Section 24 [5] of the Act deals with offences related to abandonment-

“Whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.”

Major Changes in the Bill

The proposed ‘Maintenance and Welfare of Parents and Senior Citizens Amendment Bill’ includes the following major changes [6]-

• The definition of “children”, “parents”, “maintenance” and “welfare” has been expanded.
• The Act provides for provision for a senior citizen to submit a maintenance application with a Tribunal.
• Preferences to dispose of applications of senior citizens, above eighty years of age, early have been included.
• The ceiling of Rs. 10,000 as maintenance amount has been removed.
• Registration of Senior Citizens Care Homes/Homecare Service Agencies etc. have been included.
• Minimum standards for Senior Citizen care homes have been included in the bill.
• Appointment of Nodal Police Officers for Senior Citizens in every Police Station and District level Special Police Unit for Senior Citizens has been included.
• Maintenance fee to be determined based upon the standard of living & earnings of parents & children.
• Maintenance of Helpline for Senior Citizens has been included.

Additionally, the person inheriting the property can be claimed for maintenance.

Features of the Bill [7]-

• Maintenance fee to be deposited with parents and senior citizens within 15 days.
• Failure to comply with maintenance order may result in the issuance of a warrant.
• Failure to pay fine may lead to 1-month imprisonment or until payment is made, whichever is earlier.
• The Bill amends the penalty provision and adds abuse to offences.
• The Bill includes physical, verbal, economic and emotional abuse, neglect and abandonment causing injury or physical or mental suffering.
• The abandonment and abuse of senior citizen is a prison term of 3 to 6 months or fine of Rs. 10,000 or both.
• Under the Bill, private organizations can establish or maintain care homes for senior citizens, these can be residential or daycare facilities. Such organizations must be registered with the registration authority by the State government.
• The Government also requires the states to designate a regulatory authority to monitor their functioning.
• For the maintenance of this policy, the states require to have a designated officer at every police station and special police unit in every district.

Conclusion

It is a matter of utter dismay that such a Bill had to be introduced, in the first place. It is a quite apparentthat old age requires tender care and look after, just as a child. Deserting parents at that sensitive stage is sheer cruelty. It is important that senior citizens be well aware of their rights against any kind of abuse. This bill is certainly a step forward to provide them with relief and welfare. We all should keep in mind that they are an important segment of society and excluding them would make the society incomplete.

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FAQs

Q. What is the statistics of senior citizens prevalent in India?

Ans. According to the Population Census 2011, there are nearly 104 million elderly persons (aged 60 years or above) in India; 53 million females and 51 million males. A report released by the United Nations Population Fund and HelpAge India suggests that the number of elderly persons is expected to grow to 173 million by 2026.

References

[1] Minister of Social Justice and Empowerment, NDA Government.

[2] www.jatinverma.org.

[3] INDIA CONST. art. 41.

[4] www.thehindu.com, National Bill introduced on Welfare of Senior Citizens and Parents.

[5] Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Sec.24.

[6] Press Information Bureau Government of India Ministry of Social Justice & Empowerment, 20 Nov 2019 by PIB Delhi.

[7] www.prsindia.org.